The legal team of the Rodriguez family, owner of Paradise Island Park and Beach Resort, is asking President Ferdinand Marcos Jr. to cancel the environmental compliance certificate (ECC) for the Samal Island-Davao City (SIDC) Connector Project.
Lawyer Julito R. Sarmiento, member of the legal team of the Rodriguezes told media that the ECC, which was released by the Department of Environmental and Natural Resources (DENR) on January 4, 2021, was null and void as it has not underwent clearance from the Protected Area Management Board (PAMB).
Sarmiento said they sent a letter on July 20, 2022 through the Batacan Law Firm, to President Marcos, DENR Secretary Ma. Antonia Yulo-Loyzaga, and DPWH Secretary Manuel M. Bonoan to ask them to revisit this issue and give them the chance to prove that there is a better alignment for the bridge.
The legal team is appealing to conduct a new Environmental Impact Assessment (EIA) also.
“There are so many reasons why they have to reconsider the study. We are appealing to the current administration to cancel the ECC and conduct a new EIA, honest to goodness, and based on the result of the new EIA, inform the people and get the solution on the basis of the results of the new EIA study as part of the genuine public consultation. The EIA should look at ano yung alternative sites,” Sarmiento said.
Lawyer Marcelino Rongo of the Batacan Law Firm explained that all possible alignments should have an EIA to determine what is the best alignment and not just one area otherwise it defeats the purpose of an EIA.
“An EIA is a planning tool and if you assessed only one area na ang purpose mo lang is to justify a decision that was already made, then that is not a genuine EIA. Void ang ECC,” he said.
Rongo added under the law the entire Samal Island is under a protected area. Presidential Proclamation No. 2152 Series of 1981 declared Samal Island as Mangrove Swamp Forest Reserve and the National Integrated Protected Areas System (NIPAS).
He said DENR 11 reduced the area and come with a Samal Island protected area that did not have any Presidential or Congressional approval.
“Pero ang nangyari na implement na kaagad and now that is what being observed by the region as the protected area. What happened here, DPWH was saying that the bridge’s landing site at Paradise Reef is outside the protected area, pero actually it is still within the protected area, hindi pa na approve ng Congress ang reduced area. They need PAMB that is required under NIPAS law as amended otherwise hindi puwedeng ma isyu ang ECC. Ngayon na isyu ang ECC without that PAMB clearance. That ECC is null and void,” he said.
Sarmiento also said that the EIA should be done by DENR 11.
“Usually ang EIA will take years. Itong sa bridge ginawa lang in one year. The ECC was railroaded without sufficient study of different options,” he said.
Sarmiento said they will exhaust what is needed first before they go to their last resort which is the legal part.
“Part of the key agenda of the present government is for sustainable development and environment protection. This is what the President mentioned in his State of the Nation Address (SONA) so we are hoping and waiting from the Office of the President to respond to us,” he said.
Sarmiento emphasized that the resort owners are supportive to the project and their only opposition is the choice of the alignment which is within the Lucas-Rodriguez property between Paradise Island Park and Beach Resort and Costa Marina Beach Resort collectively referred to as Paradise Reef.
“This SIDC Connector Bridge is a very complex issue because the bridge itself is a good project, there is no doubt, the project will benefit Samal Island and even Davao City because people love going from Davao to Samal and is now very accessible to them. In terms of the bridge creating more jobs, creating more ecotourism potential and for making it easier and faster access to health, that is something that makes our campaign difficult,” he said.
The family is offering the land adjacent to the old shipyard, now Bridgeport, a JICA recommended landing site to DPWH as it is the cheapest, shortest, and least environmentally burdensome alignment.
“Until now we are trying to find out why they cannot at least reconsider, why can’t they not at least study the proposed donated alignment? Ang sinasabi nila dahil daw yung sa CAAP height requirement, sa Paradise Reef lang daw puwede. I believe the CAAP said that they can reconsider. What’s stopping the DPWH of talking to CAAP?” Sarmiento said.
