SALEX tree-cutting exempt from protection order, says San Miguel lawyer

MANILA, Philippines – A regional court cannot issue a temporary environmental protection order (TEPO) against San Miguel Corporation’s tree-cutting due to the Southern Access Link Expressway (SALEX) project given the nature of the project, the company’s lawyer said during a hearing on Wednesday, June 17.

SALEX is a public-private partnership (PPP) project and is therefore exempt from the issuance of a TEPO and other similar temporary reliefs under the PPP law, or Republic Act 11966, according to SMC counsel Audrey Ng.

“Any temporary restraining order, preliminary injunction, preliminary mandatory injunction, temporary environmental protection order, or similar temporary or provisional reliefs or remedies issued in violation of this section is void and of no force and effect,” the law reads. Only the Supreme Court can issue such temporary or provisional reliefs.

SALEX is a joint venture project between the Philippine National Construction Corporation and San Miguel Holdings Corporation, according to SMC’s 2025 annual report. It has a concession period of 30 years from the issuance of the toll operation certificate.

The second hearing regarding a TEPO request against the tree-cutting in Manila took place Wednesday at a Manila regional trial court, attended by lawyers representing San Miguel, the Department of Environment and Natural Resources, and the Office of the Solicitor General. College students filed the case on May 29.

SALEX is a component of the Greater Capital Region Integrated Expressways Network Project.

In the meantime, Manila Regional Trial Court Branch 41 Judge Rosalyn Mislos-Loja told OSG lawyers to relay to Environment Secretary Juan Miguel Cuna the possibility of halting the tree-cutting pending the conduct of their investigation. The DENR said on June 12 that it was investigating if earth-balling contractors followed protocols.

SMC obtained a permit from the environment department to remove 617 trees in Manila. About 523 are for cutting while 94 would be earth-balled.

Ng said 50 of the trees earth-balled were already transferred to five sites in Manila – Intramuros roundtable, Manila Cathedral, Manila Central Post Office, Plaza Azul, Manila Hidden Garden.

Environmental groups, heritage advocates and landscape architects have opposed the tree-cutting, saying the loss of trees will worsen heat and flooding in the country’s capital. – Rappler.com