The Supreme Court (SC) was asked on Monday, April 21, to stop the construction of the P23 billion Samal Island-Davao City (SIDC) Connector project for alleged violation of the citizens’ right to a balanced and healthful ecology.
In a petition, the SC was also asked the issue a Writ of Kalikasan and in the meantime, a temporary environment protection order (TEPO) to safeguard the ecology in the areas affected by the project.
A Writ of Kalikasan is a legal remedy to protect the constitutional right to a balanced and healthful ecology. It is “a way for individuals, groups, or organizations to seek court action when environmental damage is causing or threatening to cause harm.”
The SIDC, also known as the Davao-Samal bridge, is designed to connect the northeastern part of Davao City with the northwestern side of Samal Island. It spans the Pakiputan Strait.
The petitioners are Carmela Marie Santos, director of Ecoteneo (an environmental arm of the Ateneo de Davao University), Mark Peñalver, executive director of Interfacing Development Interventions for Sustainability (IDIS), Inc.; Sustainable Davao Movement; and Marvelous Dainty Camilo, chairperson of Dyesebel Philippines Inc.
Named respondents were the SIDC project proponent Department of Public Works and Highways (DPWH), represented by Secretary Manuel Bonoan; Department of Environment and Natural Resources (DENR), represented by Secretary Maria Antonia Yulo-Loyzaga; Samal Island Protected Landscape and Seascape Protected Area Management Board, represented by Regional Executive Director of DENR-XI Ma. Mercedes Dumagan; and the SIDC project contractor China Road and Bridge Corporation (CRBC).
The petitioners said that out of the P23 billion project cost, P19 billion is a loan from China.
They asked the SC to grant their plea for a Writ of Kalikasan and to declared that “the constitutional right of Filipinos to a balanced and healthful ecology in accord with the rhythm and harmony of nature enshrined in Article II, Section 16 of the 1987 Constitution distinctly includes the preservation of coral reef systems.”
They alleged that the SIDC Project would result in the actual, serious and irreversible damage to the coral reefs in Paradise Reef in Barangay Limao, Samal Island and in the Marine Protected Area (MPA) in Barangay Vicente Hizon Sr. in Davao City.
They also alleged that the respondents violated environmental laws, rules and regulations including Republic Act No. 11038, the Expanded National Irrigated Protected Areas System Act of 2018; RA No. 9147, the Wildlife Resources Conservation and Protection Act; Davao City Ordinance No. 0861-22, the Comprehensive Land use Plan 2019-2028; and the Environmental Compliance Certificate ECC-CO-2009-0014 issued for the SIDC Project and its conditions.