Writ of Kalikasan petitioners dismayed by CA’s denial of TEPO
DAVAO CITY (MindaNews / 11 July) — Petitioners in the Writ of Kalikasan case against the Samal Island–Davao City Connector (SIDC) Project expressed disappointment over the decision of the Court of Appeals on Friday to deny their prayer for a Temporary Environmental Protection Order (TEPO).
“The TEPO would have immediately halted construction activities that, according to marine scientists and field documentation, have already caused irreversible damage to coral reef ecosystems in Paradise Reef (Samal) and the Hizon Marine Protected Area (Davao City),” the petitioners said in a statement Friday night.
The Court of Appeals on Friday denied the issuance of a TEPO as issuing it at this stage “would cause undue disruption to a government infrastructure project already in progress and may potentially harm the greater public interest.”
The Court said the petitioners “failed to demonstrate that the case pertains to matters of extreme urgency and that grave injustice and/or irreparable injury will arise if no TEPO is issued at his stage of the proceedings.”
Carmela Marie Santos, environmental advocate and member of Sustainable Davao Movement, said they are “deeply saddened” by the ruling of the CA’s 21st Division to deny the temporary protection “for reefs that took centuries to grow and now face destruction in a matter of weeks.”
“This decision allows continued harm to ecosystems that sustain not only marine life, but the livelihoods and food sources of coastal communities,” she said.
Despite the CA’s denial of the issuance of a TEPO, Santos and the other petitioners remain unfazed. “We did not come to court to obstruct development. We came to defend the law, protect biodiversity, speak up with our fisherfolks, and hold public institutions accountable for failing to consider less harmful alternatives,” she said.
The Petitioners emphasized that scientific findings submitted in the case clearly documented the destruction of live coral colonies, sedimentation impacts, and declining fish catch “yet these were not deemed urgent enough for interim protection.”
“This setback only strengthens our resolve. We are not giving up on our reefs, our local communities/fisherfolks, our laws, or our future.”
The Supreme Court on July 1 issued a Writ of Kalikasan against the Department of Public Works and Highways, Department of Environment and Natural Resources, the Samal Island Protected Landscape and Seascape Protected Area Management Board, and the China Road and Bridge Corporation, gave them 10 days to file a verified return on the petition and referred the payer for a TEPO to the Court of Appeals in Cagayan de Oro for action.
For Samal Mayor Lemuel Reyes, the CA’s ruling was the best news. “Kini ang pinakanindot nga balita… PADAYON ang TULAY (This is the best news… The bridge project will continue) … thank you Lord,” he posted on hi social media page.
No statement has been issued by Davao City Acting Mayor Sebastian Duterte as of 7 pm. (MindaNews)
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