Lawyer Ramon Edison C. Batacan told Edge Davao that the Rodriguez family are still waiting for the result of their application of a Writ of Preliminary Injunction against the P23-billion Samal Island-Davao City (SIDC) Connector Project which was elevated to the Supreme Court last year.
The Rodriguez family, the affected property owners of Paradise Island Park and Beach Resort, has appealed for a temporary restraining order (TRO) against the project.
“Still pending determination of the application for writ of preliminary injunction, or TRO. It is the risk of the contractor to proceed with the project during the pendency of the case. What if the court decides to void the Environmental Compliance Certificate (ECC) proceedings, or at least change the alignment of the bridge? Caution is a better option, as much as we wanted to have the bridge completed,” Batacan said.
In an interview last year, Batacan explained that the nature of the petition is “continuing mandamus and prohibition.”
A continuing mandamus order in environment-related cases will compel a government agency or officer to perform specific duties in line with environmental laws and regulations. It is also a legal remedy recognizing that there is no other speedy and adequate option in the ordinary course of law.
Batacan also explained that the case, filed before the High Court on March 16, 2023, asserts that the Department of Public Works and Highways (DPWH) “committed brazen violations of the law to the utter prejudice of the environment and the rule of law.”
The Rodriguez family is appealing for the realignment of the project’s landing site in Samal to protect the marine life in the area, which includes a reef in between Paradise Island Park and Beach Resort and Costa Marina Beach Resort, both owned by the family.
The family even asked the administration of President Ferdinand R. Marcos, Jr. in 2022 to intervene in the Samal-Davao bridge project by ordering a reassessment of the design.
Marcos led the groundbreaking ceremony for the project on October 27, 2022.
Meanwhile, the DPWH is currently gearing up for the civil construction works of the project.
