Petition for Writ of Kalikasan with Urgent Prayer for Issuance of a Temporary Environmental Protection Order
This legal petition seeks a Writ of Kalikasan and Temporary Environmental Protection Order (TEPO) to halt the Samal Island-Davao City Connector (SIDC) Project in the Philippines. The petitioners, including an environmental planner and local residents, argue that the bridge construction is causing actual, serious, and irreversible damage to vital coral reefs in the Davao Gulf, a Marine Key Biodiversity Area (MKBA) and Marine Protected Area (MPA). The petition alleges the project violates the constitutional right to a balanced and healthful ecology, citing numerous breaches of environmental laws and regulations, and misrepresentations by the Public Respondent Department of Public Works and Highways (DPWH) regarding the project's environmental impact and consultation processes. It emphasizes the extreme urgency of the situation, arguing that continued construction threatens marine life, local livelihoods from fishing and ecotourism, and increases vulnerability to natural disasters for inhabitants in two provinces.
This is a Petition for Writ of Kalikasan filed by Carmela Marie Santos, Mark Peñalver, Sustainable Davao Movement, Marvelous Dainty Camilo, and other residents and organizations 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 (SIPLS PAMB), and China Road and Bridge Corporation (CRBC).
The petitioners seek to stop the construction of the Samal Island-Davao City Connector (SIDC) Project, a 3.98-kilometer bridge. The project is accused of causing actual, serious, and irreversible damage to the coral reefs in Paradise Reef, Samal Island, and Hizon Marine Protected Area (MPA), Davao City.
Paradise Reef: Located in Samal Island, this 15,000 square meter marine ecosystem, over 400 years old, boasts 70% hard coral cover and 20% soft coral cover. It is recognized as an environmentally critical area and the only healthy hard coral garden of its kind on Western Samal Island, housing endangered organisms like Tridacna gigas (critically endangered giant clams) and various coral species. It serves as a vital gene bank and source of propagules for the region's reefs and fish.
Hizon Marine Protected Area: Located in Barangay Hizon, Davao City, the project's landing site directly cuts across this MPA. Declared and maintained as an MPA under Davao City Ordinances, it reported good to excellent coral cover (up to 51% live coral) and a 30% increase in fish catch by 2018. It is home to at least 19 coral species (including endangered black corals) and 73 fish species, making it one of the most productive MPAs in Davao Gulf.
Davao Gulf: The entire Davao Gulf is recognized as a Marine Key Biodiversity Area (MKBA) and is crucial for the livelihoods of 67,303 fisherfolk in Region XI, with over 100,000 coastal households in Davao City directly dependent on its marine resources.
Documented construction activities and impacts:
Offshore borehole drilling (Oct-Dec 2022): Caused documented coral reef destruction (approx. 20 sq.m.) near Paradise Reef due to a barge anchor. Residents observed drilling sounds, oil slicks, and disposal of kitchen and restroom waste into the ocean. Siltation and increased water turbidity were also observed.
Port/wharf construction (Feb-June 2023): Pillars were constructed directly on hard corals at the former Blue Jazz resort, crushing them.
Drilling operations and soil testing (Jan-Feb 2024): A drilling platform was placed directly over "Acropora valley," a known hard coral group.
Multiple craneway constructions (May 2023-June 2024): Built on either side of Paradise Reef, steel vertical supports were built directly on corals, reducing them to debris. An estimated 100 sq.m. of Acropora corals were damaged. Siltation from pounding pillars caused extensive coral death and algal colonization, extending 2 meters laterally.
Attempts at administrative remedies: Petitioners repeatedly communicated with various administrative agencies, including the DENR (Regional Office XI and Central Office) and the Office of the President, reporting coral destruction, requesting investigations, suspension of the project, and ECC revocation. These efforts were met with limited action, referrals, or outright silence. The DENR Regional Executive Director stated concerns were forwarded to the Central Office, but no further communication was received. DPWH dismissed concerns as "hypothetical" or covered by other cases. Efforts to engage legislative bodies (Davao City Sangguniang Panlungsod and Senate) also yielded no effective resolution or were met with denials of necessary realignment options by DPWH. The petitioners emphasize that these attempts have reached an impasse, forcing them to seek judicial relief as a last resort.
The Petition raises the following main issues before the Supreme Court:
A. Whether the construction of the SIDC Project, resulting in actual, serious, and irreversible damage to the coral reefs in Paradise Reef and Hizon Marine Protected Area, violates the constitutional right to a balanced and healthful ecology.
B. Whether the actual, serious, and irreversible damage to coral reefs in Paradise Reef and Hizon Marine Protected Area, caused by the construction of the SIDC Project, arises from Respondents' unlawful acts or omissions contrary to various environmental laws, rules, and regulations.
C. Whether the defects and irregularities in the issuance of the Environmental Compliance Certificate (ECC) for the SIDC Project, with a reasonable connection to the actual, serious, and irreversible damage to coral reefs in Paradise Reef and Hizon Marine Protected Area, arise from Respondents' unlawful acts or omissions contrary to various environmental laws, rules, and regulations.
D. Whether the violation of the constitutional right to a balanced and healthful ecology arising from the construction of the SIDC Project involves an environmental damage of such magnitude that prejudices the life, health, and property of inhabitants in the Island Garden City of Samal, Davao del Norte, and in the City of Davao.
III. Ruling (ALAC Format)
A. Issue A: Violation of the Constitutional Right to a Balanced and Healthful Ecology
Answer: Yes, the construction of the SIDC Project, causing actual, serious, and irreversible damage to the coral reefs in Paradise Reef and Hizon Marine Protected Area, violates the constitutional right to a balanced and healthful ecology.
Article II, Section 16 of the 1987 Constitution: Mandates that "The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature".
Oposa v. Factoran: Declared this right as fundamental, enforceable, and inherent, establishing the State's "correlative duty to refrain from impairing the environment" and a positive duty to protect and advance this right.
Philippine Environmental Policy (P.D. No. 1151) and Wildlife Resources Conservation and Protection Act (R.A. No. 9147): Reinforce the State's policy to ensure productive harmony between man and nature and conserve wildlife for ecological balance and biodiversity.
Rules of Procedure for Environmental Cases (RPEC), Rule 7, Sec. 1: Defines the Writ of Kalikasan as an extraordinary remedy for actual or threatened violations of the constitutional right to a balanced and healthful ecology due to environmental damage of sufficient magnitude affecting inhabitants in two or more cities or provinces.
Integral Nature of Coral Reefs: Petitioners argue that coral reefs are intrinsic to the constitutional right to a balanced and healthful ecology, especially for an archipelagic country like the Philippines, which is a global "biodiversity hotspot" with the third largest reef area and highest biodiversity of corals and shorefishes. Coral reefs provide habitats, protect from waves, contribute to beaches, and support immense biodiversity.
Disruption of "Rhythm and Harmony of Nature": The construction activities (borehole drilling, port/wharf, craneway construction) have caused direct physical damage (pulverization, lacerations, crushing of corals), extensive siltation leading to coral death, and pollution (oil, grease, waste disposal). This direct and indirect destruction of coral reefs, which are vital for fish reproduction and marine ecosystems, profoundly disrupts the "rhythm and harmony of nature" in Davao Gulf.
State's Failure to Uphold Duty: DPWH's gross negligence in construction and non-compliance with ECC conditions, coupled with DENR's consistent inaction despite repeated complaints and reports of environmental damage, constitute a failure to uphold their constitutional and statutory duties to protect the environment.
Conclusion: The petitioners have proven the first requisite for the Writ of Kalikasan, demonstrating that the SIDC Project's ongoing construction has caused actual, serious, and irreversible damage to coral reefs, thereby violating the constitutional right to a balanced and healthful ecology.
B. Issue B: Unlawful Acts or Omissions Contrary to Environmental Laws
Answer: Yes, the actual, serious, and irreversible damage to coral reefs arises from the Respondents' unlawful acts or omissions, violating specific environmental laws, rules, and regulations.
Republic Act No. 11038 (Expanded National Integrated Protected Areas System Act of 2018 or E-NIPAS Act): Prohibits destroying/disturbing wildlife, mutilating natural formations, littering, constructing structures, and operating motorized conveyances within protected areas without permits.
Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act): Aims to conserve wildlife and habitats. Prohibits killing/destroying wildlife, inflicting injury to reproductive systems, and destroying nests/habitats.
Davao City Ordinance No. 0861-22 (Comprehensive Land Use Plan 2019-2028): Designates Hizon as a Marine Protected Area Sub-Zone (MPA-SZ) and restricts activities like destroying marine organisms.
Executive Order No. 192, s. 1987 (Reorganization Act of DENR) and E.O. No. 292, s. 1987 (Administrative Code of 1987): Mandate DENR to conserve, manage, and protect the country's environment and natural resources.
Precautionary Principle (RPEC, Rule 20): Allows for judicial intervention where there is a lack of full scientific certainty in establishing a causal link between human activity and environmental effect, giving the benefit of the doubt to the constitutional right to a balanced ecology.
E-NIPAS Act: Samal Island is a Protected Area (Mangrove Swamp Forest Reserve). DPWH/CRBC directly destroyed corals (wildlife and natural formations) via drilling, anchoring, and craneway construction, causing significant damage. They littered debris (oil, kitchen waste, sewage) into the water. They constructed ports/wharves and operated motorized conveyances (drilling platform, cranes) without valid PAMB clearance, as the purported SIPLS PAMB lacks legal personality.
Wildlife Resources Conservation and Protection Act: The destruction of corals (wildlife) and their habitats through direct damage, siltation, and pollution impairs their reproductive systems and destroys vital spawning grounds.
Davao City Ordinance No. 0861-22: Construction activities in Hizon MPA (a protected area) resulted in borehole drillings and coral damage, directly violating the ordinance's prohibition against destroying marine organisms.
DENR's omissions: DENR failed to take positive action on documented environmental damage and ECC violations, effectively allowing the destruction to persist despite its legal mandate.
Conclusion: The petitioners have established that the actual, serious, and irreversible damage to coral reefs directly results from the DPWH's and CRBC's unlawful acts, and the DENR's unlawful omissions, violating several key environmental laws and regulations.
C. Issue C: Defects and Irregularities in ECC Issuance
Answer: Yes, the ECC for the SIDC Project contains defects and irregularities stemming from serious misrepresentations or fraud by the DPWH, which have a reasonable connection to the actual, serious, and irreversible damage to the coral reefs.
P.D. No. 1586 (Philippine Environmental Impact Statement System) and DENR Administrative Order No. 2003-30: Require project proponents to truthfully disclose all relevant information for environmental impact assessment, emphasizing the nature of the project and the sensitivity/vulnerability of environmental resources.
Paje v. Casiño: Specifies that serious and substantial misrepresentations or fraud in an ECC application, if not nullified, can cause significant negative environmental impacts and warrant the granting of a Writ of Kalikasan.
R.A. No. 11038 (E-NIPAS Act): States that the DENR through the Biodiversity Management Bureau (BMB) has primary authority to determine the status of protected areas.
ECC-CO-2009-0014: Outlines specific conditions for the project's implementation and environmental management.
DPWH's Serious Misrepresentations in EIA Report:
Characterization of ECAs: DPWH falsely claimed no declared protected areas, reserves, or endangered species within the project vicinity, despite Samal Island being a Mangrove Swamp Forest Reserve and Hizon a city-declared MPA, both containing endangered marine species. They misrepresented Hizon MPA as unproductive and consisting of man-made tires. They downplayed the presence and impact on marine mammals in Davao Gulf, despite it being an MKBA. They also misrepresented that the project was not within aquifer recharge areas, when the Samal landing site is a natural drainage and recharge area.
Conduct of public consultations: DPWH held consultations after the project alignment was already approved, withholding crucial information and providing vague responses to community concerns, rendering the consultations futile.
Sufficiency of mitigation measures: DPWH's proposed measures like coral transplantation lacked feasible plans, and silt curtains (claimed 40% effective) were found to be inadequate for Pakiputan Strait's conditions and often not even used.
Lack of Authority of SIPLS PAMB and CENRO Panabo: The purported SIPLS PAMB, which issued a resolution supporting the SIDC Project, has no legal personality as SIPLS is not a legally established protected area. Similarly, CENRO Panabo, which certified the project area was not within NIPAS, lacked the authority to make such a determination, as this power rests with the DENR-BMB. DPWH's reliance on these invalid clearances demonstrates bad faith and fraudulence.
DENR's Unlawful ECC Issuance and Failure to Act on Violations: DENR was negligent in relying on DPWH's misrepresentations in the EIA report, such as the discrepancy in siltation mitigation effectiveness (DPWH's 40% vs. DENR's 100% target). DPWH/CRBC grossly violated ECC conditions, including inadequate debris management, ineffective IEC, insufficient Social Development Program (lacking BFAR consultation for fisherfolk), no carbon sink program, and significant delays in establishing the Environmental Guarantee Fund (EGF), Environmental Monitoring Fund (EMF), and Multipartite Monitoring Teams (MMT). The DENR's inaction on these violations, despite being reported, further shows its failure to uphold its mandate .
Conclusion: The petitioners assert that the ECC for the SIDC Project was issued based on serious misrepresentations and that its conditions have been grossly violated, directly enabling the actual, serious, and irreversible damage to coral reefs. This clearly fulfills the second requisite of the Writ of Kalikasan.
D. Issue D: Magnitude of Environmental Damage Prejudicing Inhabitants
Answer: Yes, the violation of the constitutional right to a balanced and healthful ecology arising from the SIDC Project construction involves environmental damage of such magnitude that it prejudices the life, health, and property of inhabitants in both the Island Garden City of Samal, Davao del Norte, and Davao City.
RPEC, Rule 7, Sec. 1: Requires environmental damage "of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces" for the issuance of a Writ of Kalikasan.
Abogado v. DENR: Clarifies that the gravity of environmental damage is determined on a case-to-case basis.
Increased vulnerability to storm surge: Coral reefs act as natural barriers against waves, storms, and floods. The destruction of Paradise Reef (a major stepping stone) and Hizon MPA significantly increases the vulnerability of coastal communities in Samal and Davao City, both identified as high-risk areas for storm surges, to loss of life and property damage.
Increased soil erosion and landslides: The Samal Island landing site is limestone, prone to dissolution and subsidence, with identified sinkholes. Davao City's Hizon is at moderate risk of earth liquefaction . Earthmoving activities without proper mitigation increase the likelihood of landslides, directly endangering lives, homes, and livestock.
Increased contamination of groundwater and seawater: Construction activities lead to leaks/spills of oil/fuel and sediment runoff, polluting water systems. The destruction of coral reefs, which serve as natural barriers, exacerbates the risk of water contamination from typhoon-related hazards, threatening clean potable water supply for residents. Poor solid waste management resulting from increased activity in Samal will further compound water contamination.
Decreased fishing productivity: The destruction of coral reefs, which are crucial spawning and habitat grounds, directly impacts fish reproduction and leads to decreased fish catch for thousands of fisherfolk in Davao City and Samal Island. Fishermen's traditional grounds overlap with the project site, forcing them to less productive areas, resulting in a 50% reduction in their average daily income. This affects fisherfolk families, related economic activities, and food prices for the wider community .
Decreased ecotourism activity: Samal Island's tourism, heavily reliant on its pristine waters and coral reefs, is being derailed. The bridge construction damages corals, generates smoke, dust, and noise, and restricts activities like swimming/diving, leading to a decline in guests and potential resort shutdowns. This threatens the livelihoods of numerous resort employees and those in wharf operations, many of whom are not included in consultations.
Conclusion: The petitioners have demonstrated that the environmental damage caused by the SIDC Project is of significant magnitude, prejudicing the life, health, and property of inhabitants across Samal Island (Davao del Norte) and Davao City, thereby satisfying the third requisite for the issuance of the Writ of Kalikasan .
The petition seeks to affirm and apply the Constitutional Right to a Balanced and Healthful Ecology, as enshrined in Article II, Section 16 of the 1987 Philippine Constitution, and as robustly interpreted by the Supreme Court in Oposa v. Factoran. This doctrine asserts that the right to a healthy environment is a fundamental and enforceable right, inherent to all Filipinos, and imposes a positive and proactive duty on the State and its agencies (such as the DENR and DPWH) to protect, conserve, and advance this right, going beyond merely refraining from impairment.
Furthermore, the petition highlights the importance of the Precautionary Principle in environmental cases, as provided in Rule 20 of the Rules of Procedure for Environmental Cases. This principle mandates that where there is a lack of full scientific certainty in establishing a causal link between human activity and environmental effect, the constitutional right to a balanced and healthful ecology shall be given the benefit of the doubt. It allows for judicial intervention (like the issuance of a TEPO) even if immediate, observable damage cannot be fully scientifically quantified, especially when there are threats to human life or health, inequity to present or future generations, or prejudice to the environment without legal consideration of environmental rights.
The petitioners' core reasoning for seeking the Writ of Kalikasan and a Temporary Environmental Protection Order (TEPO) is that the Samal Island-Davao City Connector (SIDC) Project represents an egregious violation of the fundamental constitutional right to a balanced and healthful ecology for the inhabitants of Davao City and Samal Island. This violation is concretized by the actual, serious, and irreversible damage inflicted upon vital coral reef ecosystems in Paradise Reef and Hizon Marine Protected Area.
The irreversibility of the damage to coral reefs is a critical aspect of the petitioners' argument. Corals are slow to regenerate (decades, even centuries), and the destruction of key reefs like Paradise Reef, which serves as a "gene bank" for coral and fish larvae, means an irreplaceable loss of the very source of marine life. Artificial rehabilitation measures cannot fully restore the complex, mature ecosystems, especially for sessile and endangered species. This ongoing destruction constitutes a "grave injustice and irreparable injury" to both nature and the dependent human communities .
This environmental damage is directly attributable to the unlawful acts and omissions of the Respondents. The DPWH and its contractor, CRBC, have engaged in destructive construction activities (drilling, anchoring, heavy machinery operations, waste disposal) in designated protected and environmentally critical areas, causing direct physical damage to corals, significant siltation, and water pollution. These actions violate multiple environmental laws, including the Expanded National Integrated Protected Areas System Act, the Wildlife Resources Conservation and Protection Act, and Davao City ordinances.
Furthermore, the Environmental Compliance Certificate (ECC) for the SIDC Project itself is fundamentally flawed, having been issued based on "serious and substantial misrepresentations or fraud" by the DPWH in its Environmental Impact Assessment (EIA) Report. These misrepresentations included downplaying the environmental criticality and protected status of the project areas, falsely reporting low coral cover, omitting the presence of endangered marine species, providing inadequate public consultations, and proposing insufficient mitigation measures (e.g., ineffective silt curtains). The DPWH also improperly relied on clearances from entities (purported SIPLS PAMB and CENRO Panabo) that lacked legal authority to issue them.
Crucially, the DENR, mandated to protect the environment, has shown consistent inaction and neglect despite repeated and alarming reports from the petitioners regarding the ongoing environmental damage and violations of ECC conditions. This dereliction of duty makes the DENR complicit in the environmental destruction.
The magnitude of the environmental damage is demonstrably large, prejudicing inhabitants across two provinces (Island Garden City of Samal, Davao del Norte, and Davao City). The destruction of coral reefs increases coastal communities' vulnerability to natural disasters (storm surges, landslides), contaminates vital water sources, severely reduces fishing productivity (affecting thousands of fisherfolk's livelihoods), and threatens the ecotourism industry, impacting employment and economic stability.
Given the exhaustion of administrative remedies and the ongoing, irreversible nature of the harm, the petitioners assert that the immediate issuance of a Temporary Environmental Protection Order (TEPO) is of extreme urgency and is essential to preserve the remaining coral reefs and give genuine effect to the Writ of Kalikasan . The current state of construction, already past 12% completion, indicates that further delay will only exacerbate the irreparable harm . The Supreme Court, as the institutional guardian of constitutional rights, has a sworn duty to act decisively to protect the balanced and healthful ecology.
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