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Caneda et al. vs. Hon. Abaya

PILAR CAÑEDA BRAGA, PETER TIU LAVINA, ANTONIO H. VERGARA, BENJIE T. BADAL, DIOSDADO ANGELO A. MAHIPUS, AND SAMAL CITY RESORT OWNERS ASSOCIATION, INC. (SCROA), PETITIONERS, VS. HON. JOSEPH EMILIO A. ABAYA, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), PRE-QUALIFICATION, BIDS AND AWARDS COMMITTEE (PBAC) AND PHILIPPINE PORTS AUTHORITY (PPA), RESPONDENTS.

G.R. No. 223076 | 2016-09-13

Republic of the Philippines
Supreme Court
Manila
 
EN BANC
 
DECISION
 
BRION, J.:
 
This is an Urgent Petition for a Writ of Continuing Mandamus and/or Writ of Kalikasan with a prayer for the issuance of a temporary environmental protection order (TEPO). The petition is directed against the Department of Transportation and Communications (DOTC) and the Philippine Ports Authority's (PPA) modernization project: the Davao Sasa Wharf (the project), a 30-year concession to develop, operate, and manage the port under the Public-Private Partnership (PPP) scheme.

The project is allegedly being carried out without the...