Supreme Court issues writ of kalikasan vs Samal-Davao bridge project
DAVAO CITY (MindaNews / 1 July) — The Supreme Court en banc issued a writ of kalikasan against several government agencies and a private contractor involved in the Samal Island–Davao City (SIDC) Connector Bridge project amid allegations of potential irreversible environmental damage.
In a press briefer released by the Supreme Court Tuesday afternoon, the writ stated that the Department of Public Works and Highways (DPWH), the Department of Environment and Natural Resources (DENR), the Samal Island Protected Landscape and Seascape Protected Area Management Board (PAMB), and the China Road and Bridge Corporation (CRBC), which were the writ respondents, will be required to file a verified return on the petition within a non-extendible period of 10 days from July 1.
Petitioners Carmela Marie Santos, former director of Ateneo de Davao University’s Ecoteneo; Mark Peñalver, executive director of Interfacing Development Interventions for Sustainability, Inc. (IDIS); Marvelous Dainty Camilo, chairperson of Dyesabel Philippines, Inc; and the Sustainable Davao Movement, represented by Santos and Peñalver, argued that the SIDC Bridge construction would cause “actual, serious, and irreversible damage” to ecologically sensitive marine areas, specifically the Paradise Reef off Samal Island and the Hizon Marine Protected Area in Davao City.
Environmental groups such as Ateneo (de Davao) Public Interest and Legal Advocacy Center (APILA), Ateneo de Davao’s student organization Green Juris, IDIS, and Ecoteneo welcomed the court’s decision, describing it as a landmark affirmation of the constitutional right to a balanced and healthful ecology under Article II, Section 16 of the 1987 Philippine Constitution.
The Writ of Kalikasan is a legal remedy under Philippine laws, providing protection on one’s constitutional right to a healthy environment. The writ may be sought to deal with environmental damage with such a huge magnitude that it “threatens life, health, or property” of inhabitants in two or more cities or provinces.
It derives its mandate from Article II, Section 16 of the 1987 Constitution, which said the “state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
Environmental advocates emphasized the importance of preserving Paradise Reef and the Hizon MPA, which they described as not only ecologically vital but also part of the natural and cultural heritage of Mindanao.
“This struggle is not merely environmental—it is spiritual, ethical, and profoundly human. It calls us to reject the “technocratic paradigm” that values profit over people and reduces nature to a disposable resource,” their joint statement read.
The organizations stated that “no development, no matter how grand or well-funded, is above the law.”
In a press conference at the Supreme Court, its spokesperson Camille Ting said that the high court also referred the petitioners’ prayer for a Temporary Environmental Protection Order (TEPO) to the Court of Appeals in Cagayan de Oro City.
“So the Court of Appeals will be receiving evidence to determine whether the TEPO should be issued,” Ting said as quoted by national media.
Among the grounds of the writ were the respondents’ alleged violations of the Expanded National Integrated Protected Areas System Act of 2018 or the Expanded NIPAS under Republic Act (RA) 11038, Wildlife Resources Conservation and Protection Act (RA 9147), Davao City Ordinance No. 0861-22 (Comprehensive Land Use Plan 2019-2028 of Davao City), and Presidential Decree Number 1586 or the institution of Philippine Environmental Impact Statement Systems and its implementing rules and regulations, among others.
The 3.98-kilometer bridge is funded mostly by a loan from China. The project commenced in 2022 and is expected to be completed “in 2028.”
Environmentalists have documented the destruction of centennial table corals at the Paradise Reef due to the construction of the Samal-Davao bridge.
As of April 12, the DPWH, which claimed that the ongoing bridge construction was “well-studied,” said that the SIDC project is nearly 12 percent completed.
On October 27, 2022, President Ferdinand Marcos Jr. led the groundbreaking ceremony for the construction of the Samal-Davao bridge, which was approved during the Duterte administration.
“In line with President Marcos’ directive to accelerate critical infrastructure, DPWH is pushing forward with the SIDC to ensure timely and transparent delivery, while staying within budget,” DPWH Undersecretary Emil Sadain said in a statement.
DPWH reported “a 38% accomplishment rate” of the 4.76-kilometer bridge as of June 27, which equates to acquiring 61 of the 69 required lots (88%) in Davao City and Samal Island for addressing road right of way issues. (Ian Carl Espinosa / MindaNews)
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