AN ENVIRONMENTAL lawyer says that the Writ of Kalikasan for the Samal Island–Davao City Connector (SIDC) Project will continue, despite the Court of Appeals (CA) denying the issuance of a Temporary Environmental Protection Order (Tepo).
Atty. Jenny Ramos, said that the issuance of a Tepo depends on the merits presented by the petitioners, including the grounds and environmental impacts of the bridge project.
She noted that when the Writ of Kalikasan was filed, it included a prayer for the issuance of a Tepo to halt construction of the SIDC.
A Tepo is a provisional order issued by a court directing a person or entity performing an act that may cause environmental damage to halt whatever it is doing. The Tepo ensures the preservation of the status quo where the environmental harm is ongoing or is likely to occur pending the final resolution of the environmental case.
Ramos clarified that the Supreme Court’s (SC) issuance of the Writ of Kalikasan does not mean the petitioners have already won. Rather, it compels the Department of Environment and Natural Resources (DENR), Department of Public Works and Highways (DPWH), Samal Island Protected Landscape and Seascape Protected Area Management Board, and China Road and Bridge Corporation (CRBC) to file a verified return and explain why the bridge construction would not harm the marine ecosystem.
She added that while the SC issued the Writ, the decision on the Tepo rests with the CA. However, the CA denied the Tepo request because it was filed ex parte, meaning the respondents were not initially required to be heard before a decision was made.
“Continue pa gihapon ang case, that means in order pa rin ang Writ, the court required those respondents to submit a return so kailangna gihapon sila magtubag so padayun gihapon ang kaso, so dili siya dismissal sa total case, dismissal lang siya sa provisional remedy,” she said in a media interview, on Thursday, July 17, 2025, at the Ateneo de Davao University (AdDU).
(The case is still ongoing, which means the Writ is still in order. The court required the respondents to submit a return, so they still need to respond. So the case continues. It's not a dismissal of the entire case, only a dismissal of the provisional remedy.)
Ramos emphasized that the Writ of Kalikasan remains valid, and the respondents are still required to submit their replies.
Meanwhile, construction of the bridge may continue, as the CA did not grant the Tepo.
She stressed that while the pro-construction side may have prevailed on the matter of the Tepo, it does not mean they have won the entire case.
“Maybe they won the battle, but they haven’t won the war yet,” she said, pointing out that the case is still being heard.
Ramos acknowledged that while there have been instances of victories through Writ of Kalikasan petitions, such cases are rare.
She explained that success depends on how effectively the writ is utilized and emphasized the importance of metalegal strategies, such as engaging communities directly affected by the project, particularly since challenging powerful institutions can be difficult.
The SC issued a Writ of Kalikasan on July 1 against DPWH, DENR, Samal Island Protected Landscape and Seascape Protected Area Management Board, and the China Road and Bridge Corporation (CRBC), and gave them 10 days to file a verified return, while the prayer for the Tepo was referred to the CA in Cagayan de Oro.
On June 10, 2025, the CA denied the issuance of the Tepo to stop the construction of the SIDC.
The petitioners of the Writ of Kalikasan then expressed strong disappointment over the non-issuance of the Tepo by the CA, citing that the order would have halted the ongoing construction that has damaged Paradise Reef in Samal and the Hizon Marine Protected Area in Davao City.
The group said that the setback of the non-issuance of Tepo has hardened their resolve to fight for the reefs, fisherfolks, law, and future.
To recall, the petition for the Writ of Kalikasan was filed on April 21, 2025, by residents and environmental groups, urging the halting of construction activities threatening vital coral ecosystems.
A Writ of Kalikasan is a legal remedy granted to protect the constitutional right to a balanced and healthful ecology when such is violated or threatened by unlawful acts or omissions.
The SIDC is a toll-free, four-lane extradosed bridge that spans 4.76 kilometers, connecting R. Castillo-Daang Maharlika in Davao City to the Samal Circumferential Road. It features a 275-meter main span, 47-meter vertical clearance for marine traffic, and a 1.62-kilometer marine section supported by 73-meter-high pylons. The project includes roundabouts, ramps, and approach roads. RGL