Supreme Court issues writ of kalikasan against Samal-Davao Bridge project

Environmental petition gains ground, major infrastructure faces legal hurdle

DAVAO CITY — In a move that could significantly impact one of Mindanao’s most ambitious infrastructure projects, the Supreme Court has issued a Writ of Kalikasan (Writ of Environmental Protection) against the ongoing construction of the Samal Island-Davao City Connector (SIDC) Project.

The writ was granted following a petition filed by environmental advocates Carmela Marie Santos, Atty. Mark Peñalver, and the Sustainable Davao Movement.

The Supreme Court’s decision signals serious consideration of the environmental concerns raised by the petitioners, who argue that the multi-billion-peso bridge poses irreversible damage to the Samal Island Protected Landscape and Seascape (SIPLAS), a legislated protected area that is home to vital coral reefs, marine ecosystems, and coastal biodiversity.

The Court directed several key government agencies and the project’s contractor, China Road and Bridge Corporation, to respond within ten (10) days. These include the Department of Public Works and Highways (DPWH), the Department of Environment and Natural Resources (DENR), and the Protected Area Management Board (PAMB) of SIPLAS.

In addition to the writ, the Supreme Court endorsed the petitioners’ request for a Temporary Environmental Protection Order (TEPO) and referred it to the Court of Appeals in Cagayan de Oro City for immediate resolution. Should the Court of Appeals grant the TEPO, construction of the bridge could be temporarily suspended, pending a full review of the environmental impact and procedural compliance of the project.

Bridge of Progress or Threat to Nature?

The Samal-Davao Bridge, spanning approximately 3.98 kilometers, is designed to link Davao City to Samal Island, a popular tourist destination in the Davao Region. Touted by the government as a flagship “Build, Better, More” project, it aims to improve connectivity, ease travel time, and spur economic growth for both cities and nearby areas.

However, critics argue that the current alignment of the bridge threatens critical ecosystems, including coral reefs that serve as breeding grounds for marine life and a source of livelihood for local communities. Environmental groups have repeatedly raised concerns about the lack of genuine public consultation, transparency, and compliance with environmental laws, particularly the Environmental Impact Statement (EIS) System under Presidential Decree 1586 and the National Integrated Protected Areas System (NIPAS) Act.

What Is a Writ of Kalikasan?

The Writ of Kalikasan, enshrined in the Philippine Rules of Procedure for Environmental Cases, is a legal remedy designed to protect the constitutional right of Filipinos to a balanced and healthful ecology. It may be issued when an environmental threat or damage affects a large number of people or covers multiple jurisdictions.

Legal experts say the issuance of the writ is not a ruling on the merits of the case, but it establishes that the petition has sufficient basis to warrant court proceedings and potentially preventive action.

As this landmark environmental case unfolds, all eyes are on whether the judiciary will strike a balance between infrastructure development and environmental sustainability—two crucial pillars of Mindanao’s future.