SMC lawyer says PPP law exempts SALEX tree-cutting from court halts 

Leonard Lattao Macapia

San Miguel Corporation (SMC) lawyer Audrey Ng asserted that the Southern Access Link Expressway (SALEX) project is legally exempt from temporary environmental protection orders (TEPOs) or similar court halts under the Public-Private Partnership (PPP) Code during a hearing on June 17.

The SALEX initiative is a 40.6-kilometer elevated highway network across Metro Manila, built through a joint venture between the Philippine National Construction Corporation and San Miguel Holdings Corporation.

It operates under a 30-year toll concession network that serves as a core component of the wider Greater Capital Region Integrated Expressways Network Project.

While the project aims to improve transit, advocates, landscape architects, and student groups filed a lawsuit to stop the required tree-clearing before it worsens Manila’s environmental challenges.

However, under Republic Act 11966, this defense sets a major precedent by preventing local courts from stopping massive infrastructure projects for environmental reasons.

Ng cited Section 29 of RA 11966, which explicitly declares any lower court injunction or provisional relief against an approved PPP project as “void and of no force and effect.”

SMC holds a government permit to remove 617 trees along major Manila roads, targeting 523 for cutting and 94 for earth-balling and relocation.

According to Ng, 50 of the earth-balled trees have already been transferred to five sites in Manila, including the Intramuros Roundtable, Manila Cathedral, Plaza Azul, the Manila Central Post Office, and the Manila Hidden Garden.

Manila Regional Trial Court Judge Rosalyn Mislos-Loja directed the Office of the Solicitor General (OSG) lawyers to tell Environment Secretary Juan Miguel Cuna to temporarily stop cutting trees while they investigate.

On June 12, the Department of Environment and Natural Resources (DENR) announced it is investigating whether contractors followed strict protocols during operations.