DAVAO CITY, Philippines – The Supreme Court has issued a writ of kalikasan to halt the China-funded Samal Island-Davao City Bridge project, in response to a petition from Davao environmental advocates who raised concern on the “irreversible damage” the construction will impact to the marine ecosystem in the Davao Gulf.
In a ruling issued during its en banc session on Tuesday, July 1, the Court ordered 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 (PAMB), and China Road and Bridge Corporation (CRBC) to file a verified response to the petition within ten days, with the compliance period declared non-extendable.
The petition was filed by Sustainable Davao Movement, Ecoteneo, Interfacing Development Interventions and Sustainability (IDIS), and Dyesabel Philippines, Inc.
There is a chance that the writ will not be permanent if the Supreme Court finds the defense raised by the said agencies and CRBC are valid and will allow the construction to continue.
But if the Court rejects their defense, then the contractor, which is CRBC, will be forced to find an alternative location for the bridge.
The writ of kalikasan is a special judicial remedy designed to defend the constitutional right of communities to a balanced and healthy ecology, especially when environmental degradation affects numerous provinces or cities.
Aside from issuing the writ, the Supreme Court directed the petitioners’ request for a Temporary Environmental Protection Order (TEPO) to the Court of Appeals in Cagayan de Oro, emphasizing the urgency and gravity of the situation.
The Supreme Court noted that the petitioners claimed the connector bridge project “will cause actual, serious, and irreversible damage to coral reefs in Paradise Reef, Samal Island, and Hizon Marine Protected Area in Davao City.”
The groups said the bridge construction activities like dredging, pile driving, and reclamation, which could damage coral formations, upset marine wildlife, and degrade water quality in areas critical to fisheries and tourism.
The petitioners and other environmental groups have suggested during the planning stage of the bridge of an alternative location but they said these options were not entertained by the agencies.
China-funded
The Samal-Davao City Connector Bridge project which was inaugurated in 2022 and began construction in late 2023 intends to reduce travel time between the cities from a 20 minute ferry ride to a three minute drive. It also increases the tourism potential of Samal Island with its beaches and resorts.
The bridge project is identified as the third project funded by China and was the last loan given by the country to former President Rodrigo Duterte, according to veteran journalist Marites Vitug in her book Unrequited Love : Duterte’s China Embrace.
The bridge project is worth ?23 billion of which ?19 billion is provided by China’s Export-Import Bank
Not the end yet
Environmental groups praised the Supreme Court’s ruling as a significant legal step, but cautioned that further proceedings are still ahead.
These groups have lobbied and negotiated for years with agencies and local government units to consider the environmental impact of the project. They filed their writ petition just this April.
A joint statement from three environment organizations in Ateneo de Davao University – Ateneo Public Interest Legal Advocacy (APILA), Green Juris and Ecoteneo – lauded the decision, saying it sends a strong signal “that no development, no matter how grand or well-funded, is above the law—especially when it threatens the environment and the lives and livelihoods of communities.”
“These sites are not only ecologically rich; they are part of the natural heritage and identity of Davaoeños and the people of Mindanao,” their statement noted.
“This isn’t the end of the road, but it’s a big step ahead. Nature spoke through the people. Now, the law has listened,” the groups said.(davaotoday.com)
Samal Bridge, Writ of kalikasan
