PETITIONERS against the P18.99-billion Davao Sasa Port Modernization (DSPM), a private-public partnership (PPP) project in Mindanao led by the PPP Center and the Department of Transportation and Communication (DOTC), have remained confident the Supreme Court (SC) will favorably rule in their petition for a Writ of Kalikasan or a Temporary Protective Order (Tepo) to stop the project’s implementation.
Lawyer Harry Roque, the legal counsel for petitioners, speaking in Monday’s Kapehan Sa Dabaw at the SM City Davao, told reporters that the SC has already assured them that the case will definitely be included in the next hearing set today, April 12, in Baguio City.
“We believe that the High Court will go by a system of jurisprudence, if we are to follow jurisprudence,” he said.
He added that they are expecting the court to apply the same ruling made on the Boracay Foundation vs Aklan province.
In 2012, the SC stopped the Provincial Government of Aklan from pushing through with the P1-billion reclamation project of the 40-hectare Boracay Island.
A Tepo once issued is effective until lifted by the court. The Writ of Kalikasan, is a legal remedy for persons whose right to “a balanced and healthful ecology” is violated. This right is enshrined in Article II Section 16 of the 1987 Constitution.
Roque underscored that the project, apart from being “overpriced” is in violation on the Environmental Code, Local Government Code and Clean Water Act.
“Under the envi[ronment] code, anything that has a tendency to damage the environment must have first a clearance from the local government unit, secure an environmental impact assessment and Environmental Clearance Certificate (ECC), which the project proponents did not complied instead proceeded with the project bidding,” Roque said.
Engineer Pastor Lozada Jr. president of the Samal Resort Owners Association, for his part, said that as Samal is a tourism area, will be very much affected by the project.
“If implemented, it can destroy and pollute totally our seas, we cannot disregard the fact that if more ships, big ships traversing there a big chance of oil spill will happen because the area is very thin, resorts facing Davao is 90 percent of the total number of resorts in Samal, it will be affected, it will totally destroy the environment,” Lozada said.
Furthermore, Davao City Councilor Diosdado Mahipus Sr. said that the Public–Private Partnership Center and DOTC must conduct first consultation side by side by the local government calling the public attention.
“They have to harmonize their project with our existing program of the government, the DSPM is in conflict with the Reclamation project in the city which also has a port development portion,” Mahipus said.
Worse traffic congestion is also being eyed, if the project will push through if the project will be implemented without establishing an alternative bypass road.
Representing the Consumer Movement of Davao, former Davao City councilor Pilar Braga said that their opposition is based on the rights of the consumer to healthy and clean environment, to correct information and fair trade.
“We should look into this matter very profoundly because it will affect us the consumers because all the fees, prices, charges brought about this project will all passed to us,” Braga added.
An estimated of over 1,000 families will be affected and be relocated once the project will start, this, according to Benjie Badal of Kadamay Urban Poor Network.
Standing firm on the side of the businessmen in the city, Bonifacio Tan, president of the Davao City Chamber of Commerce and Industry Inc. (DCCCII), said that the overpriced project at P18.99-Billion is not viable and will make the port charges expensive by 80 percent, and can be changed and increased every three years.
“It will make not only Davao port expensive because the Philippine Port Authority (PPA) will set a uniform tariff, it will be applicable to all ports in Mindanao,” Tan said.
The pre-qualified bidders of the DSPM as disclosed on PPP Center website are Asian Terminals Inc.- DP World FZE Consortium, Bollore Africa Logistics, International Container Terminal Services Inc., and San Miguel Holdings Corp.-APM Terminals Management (Singapore) Pte Ltd. Consortium with Hyundai Development Company and Hanjin Heavy Industries & Construction Co. Ltd. as contractors.
The PPP Center last January confirmed that Portek International Pte Ltd., also prequalified bidder for the DSPM, pulled out from the bidding process.
DSPM is a project now under procurement with a structure of Build-Transfer-and-Operate within 30 years.