On July 1, the Supreme Court of the Philippines issued a writ of kalikasan against 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 China Road and Bridge Corporation. This decision is in response to a petition filed by environmental defenders, including Carmela Marie Santos, Mark Peñalver, and the Sustainable Davao Movement (SDM), to halt the construction of the Samal Island-Davao City Connector (SIDC) Bridge because of its serious threat to vital marine ecosystems.
The SIDC is a 4.76-kilometer bridge that will connect Samal Island to Davao City and replace the ferry service that currently transports passengers between the two locations. The project costs ₱23.52 billion and is mainly funded by China’s Official Development Assistance. The project was awarded to its Chinese contractor during the Duterte administration.
Environmental defenders have strongly opposed the project from the start as it will damage Paradise Reef on Samal Island and the Hizon Marine Protected Area in Davao City. Both sites are crucial to the ecology of Davao Gulf.
Filed on April 21 by SDM along with Ecoteneo, Interfacing Development Interventions for Sustainability (IDIS), and Dyesabel Philippines, the petition asserts that the construction of the bridge violates the constitutional right to a balanced and healthy ecology. Covering 15,000 square meters and is home to 70% hard rock corals, Paradise Reef is one of the last pristine reefs in Davao Gulf, the 212-page petition states. It plays a major role in fish production, especially in the Hizon Marine Protected Area. In 2018, fish catch in the area even increased by 30%.
The petition states that SIDC contractor’s offshore borehole drilling, craneway installation, and other activities have already inflicted significant damage, including the death of 33% of the corals in Paradise Reef, as attested by marine biologist Dr. John Lacson. The petition states these activities violate laws such as the Expanded National Integrated Protected Areas System Act, Wildlife Resources Conservation and Protection Act, and the Comprehensive Land Use Plan of Davao City.
Environmental lawyers Antonio La Viña and Dean Manuel Quibod of Ateneo de Davao University represent the petitioners. They said the petitioners do not oppose having a bridge to Samal Island. They only request its relocation to avoid further ecological damage. They also said the Environmental Compliance Certificate issued by DENR was irregular because it did not recognize areas that should have protection from destruction. The petition also highlighted the project’s impact on the livelihood of local fishers, who have already reported a 50% decrease in their catch from the construction activities’ siltation and contamination.
The Supreme Court ordered the respondents to submit a response within 10 days. The court also referred the request for a Temporary Environmental Protection Order (TEPO) to the Court of Appeals in Cagayan de Oro. If granted, the TEPO may order a temporary halt to construction, giving advocates like SDM a chance to push for their proposed alternatives. It may also facilitate the issuance of a Temporary Restraining Order on the entire project.