SC directs CA to determine if construction of Samal Island-Davao City connector bridge a threat to environment
The Supreme Court (SC) directed the Court of Appeals (CA) in Mindanao to determine if the construction of the P23 billion Samal Island-Davao City Connector (SIDC) project is a threat to the environment in the area.
After proceedings, the CA in Cagayan de Oro City will resolve if a temporary environmental protection order (TEPO) should be issued to stop in the meantime the construction of the project.
The SIDC project is a bridge that will connect Barangays Vicente Hizon, A. Angliongto Sr. and R. Castillo in Davao City, and Barangay Limao in the Island Garden City of Samal.
The project is 3.98 kilometers long and will have subsections like navigational bridge, marine viaducts, land viaducts and interchange approach ramps.
In a press briefing, SC Spokesperson lawyer Camille Sue Mae L. Ting said the High Court, during its full court session on Tuesday, July 1, acted on the Writ of Kalikasan petition filed by several groups against the SIDC project.
A Writ of Kalikasan is a legal remedy to protect the constitutional right of Filipinos to a healthy environment.
Ting said the SC directed the respondents in the petition to file a verified return within 10 days from receipt of the resolution on the issuance of the writ.
Named respondents were the Department of Public Works and Highways (DPWH), Department of Environment and Natural Resources (DENR), Samal Island Protected Landscape and Seascape Protected Area Management Board, and the SIDC project contractor China Road and Bridge Corporation (CRBC).
The petition for the issuance of a Writ of Kalikasan and TEPO was filed by Carmela Marie Santos, director of Ecoteneo; Mark Peñalver, executive director of Interfacing Development Interventions for Sustainability (IDIS), Inc.; Sustainable Davao Movement; and Marvelous Dainty Camilo, chairperson of Dyesebel Philippines, Inc.
The petitioners told the SC that the SIDC project will cause actual, serious, and irreversible damage to coral reefs in 15,000 square-meter Paradise Reef, Samal Island, and Hizon Marine Protected Area in Davao City.
They alleged that the DPWH and CRBC have been inflicting damage to coral reefs in Paradise Reef in violation of the provisions of Republic Act No. 11038, the Expanded National Integrated Protected Areas System of 2018, and RA No. 9147, the Wildlife Resources Conservation.
At the same time, the petitioners said the respondents should be held liable for violations of Davao City Ordinance No. 0861-22, the Comprehensive Land Use Plan 2019-2028, and Executive Order No. 192, the Reorganization Act of DENR, for the damage in coral reefs in Paradise Reef and in Hizon Marine Protected Area.