Questions?

Republic Act 8749

The Philippine Clean Air Act

of 1999

Why the need for clean air?

Clean air is essential to

good health. Unfortunately,
toxic air pollutants and
contaminants are adding a
whole list of unwanted
ingredients in the air that
we breathe thus giving rise
to a variety of serious health
risks.

What are the major air

pollutants monitored in the
country?

Carbon Monoxide (CO)

Carbon Dioxide (CO2)*

Lead (Pb)

Ozone (O3)

Nitrogen Oxide (NOx)*

Particulate Matter

Sulfur Dioxide (SO2)

Volatile Organic Compounds

(VOCs)

Halocarbons (e.g., CFCs)*

Methane*

How serious is the impact of

air pollution on public
health?

A World Bank study reported

that health costs in 2001 of
exposure to particulate matter
(PM10) in four urban centers,
namely: Metro Manila, Baguio
City, Cebu City and Davao City,
are estimated to be over US $
430 million. This amount is
equivalent to 0.6 percent of the
countrys national gross
domestic product.

PM 10 or fine particles can

penetrate the upper defenses of
the respiratory tract and deposit
deep in the lungs. Children, the
elderly, and people with heart
and lung diseases are most at
risk to exposure to this
pollutant.

Studies show that each

Filipino spends about Php
2,000.00 per year on health
expenses caused by air
pollution.

Greenhouse gases and

climate change

For thousands of years, the

Earths atmosphere has
changed very little. The
temperature and the careful
balance of greenhouse gases
have stayed just right for
humans, animals and plants to
survive.

But today we are having

problems keeping this balance.
Because we burn fossil fuels to
heat our homes, run our cars,
produce electricity, and
manufacture all sorts of

products, we are adding more

greenhouse gases to the
atmosphere.

These activities are changing

the atmosphere at a greater
rate than humans have ever
experienced.

Philippine Clean Air Act

Demandable Rights

To breathe clean air

To utilize and enjoy

natural resources in
accord with sustainable
development principle

To participate in the
formulation of
environmental policies

To participate in decisionmaking

To be informed of the
nature and extent of
potential hazard and to
be served timely notice

To access public records

To enjoin activities that

violate environmental
laws and regulations

To compel rehab and

cleanup

To seek imposition of
penalties against
violators

To seek compensation by
way of personal damages

Salient Features of the

Clean Air Act

The State shall pursue a policy

of balancing development and
environmental protection. To
achieve this end, the framework
for sustainable development
shall be pursued.

Policy of the State:

Formulate a holistic
national program of air
pollution

Encourage cooperation
and self-regulation

Focus primarily on
pollution prevention
rather than on control
and provide for a
comprehensive
management program on
air pollution

Promote public
information and
education

Formulate and enforce a

system of accountability
for short and long term
adverse environmental
impact of a project,
program or activity

Concepts of Airshed &

Incineration

AIRSHED (Sec. 9)

Refers to areas with

common weather or

meteorological conditions
and sources of air
pollution which affect the
interchange and diffusion
of pollution in the
surrounding atmosphere.

INCINERATION

Means the burning of

municipal, bio-medical
and hazardous wastes
which process emits toxic
and poisonous fumes

Philippine Clean Air Act

BAN ON INCINERATION (Sec.

20)

Only those processes that

emit poisonous and toxic
fumes

Exceptions:

Traditional smallscale method of

community/neighb
orhood sanitation
siga

Traditional
agricultural,
cultural, health and
food preparation

disposal; rather
only those burning
processes which
emit poisonous and
toxic fumes are
banned.

Crematoria

Case: MMDA v. JANCOM, GR

147465, Jan. 30, 2002

Ruling Sec. 20
does not absolutely
prohibit
incineration as a
mode of waste

Philippine Clean Air Act

Phase out of existing

incinerators dealing with
biomedical wastes on July
17, 2003 (statutory
deadline)

Since incineration is
banned, use of stateof-the-art,
environmentally sound
and safe THERMAL
AND NON-BURN
TECHNOLOGIES for
handling, treatment,
thermal destruction
and disposal or sorted,
un-recycled, uncomposted, biomedical
and hazardous wastes
is promoted.

Philippine Clean Air Act

NATIONAL MOTOR VEHICLE

INSPECTION PROGRAM

Activities/efforts designed
to reduce the damaging
effect of air pollution and
unsafe vehicles on health
and safety of the people,
thru adoption of
standards for emission

and vehicle safety, and

series of measures to
ensure compliance.

NATIONAL AMBIENT AIR

QUALITY GUIDELINES VALUES
(Short term) Suspended
particulate matter, sulfur
dioxide, nitrogen dioxide,
photochemical oxidants as
ozone, carbon monoxide, lead.

Philippine Clean Air Act

POLLUTION FROM STATIONARY

SOURCES

National Emission
Standards for Source
Specific Air Pollutants
(NESSAP) applicable in
general to any trade,
industry process, fuelburning equipment or
industrial plant emitting
air pollutant to be
measured at the point of
emission

Mandates of Government
Agencies

Department of Environment and

Natural Resources (DENR) act
as overall of the lead agency;
prepare a National Air Quality
Status Report which shall be
used as a basis in formulating
the Integrated Air Quality
Improvement Framework; issue
rules and regulations in the
implementation of the Act.

Department of Transportation
and Communication (DOTC) in
coordination with the DENR in
case of industrial dischargers
and the DOTC, in case of motor
vehicles, shall, based on
environmental techniques,
design, impose on and collect
regular emission fees from all
said dischargers as part of the
emission permitting system or
vehicle registration renewal
system, as the case may be;
implement the emission
standards for motor vehicles.

Mandates of Government
Agencies

Department of Trade and

Industry (DTI) , DOST Local
Government Units (LGUs) together with the DENR shall
develop an action plan for the
control and management of air
pollution from motor vehicles
with the Integrated Air Quality
Management Framework.

INDUSTRIES REQUIRED TO
INSTALL CEMS

Fossil fuel-fired power

plants over 10 MW
Petroleum Refineries

Petrochemical industries

Primary copper smelter

plants

Steel plants (particulate

only)

Ferro-alloy production
facilities (particulate only)

Cement plants
(particulate only)

emission control
devices or systems

DOTC, DTI and DENR - shall

establish the procedures for the
inspection of motor vehicles and
the testing of their emissions for
the purpose of determining the
concentration and/or rate of
emission of pollutants
discharged by the said sources.

3) Prohibition against
any discharge
constitutive of
NUISANCE
4) Prohibition against
OPEN BURNING of
plastics, polyvinyl
chloride, paints, ink,
wastes containing
heavy metals, organic
chemicals, ODS, etc.

Prohibited Acts (Stationary

Sources)
1) No person shall cause
emission of
PARTICULATE MATTER
from any source,
including but not
limited to, vehicular
movement,
transportation of
materials,
construction,
alteration, demolition
or wrecking; or
industry related
activities such as
loading, storing or
handling, WITHOUT
TAKING REASONABLE
PRECAUTION to
prevent emission.
2) No person shall store,
pump, handle,
process, unload or use
in any process or
installation, VOLATILE
COMPOUND or
ORGANIC SOLVENTS
without applying
known and approved
existing vapor

5) NO OPEN-BURNING IN
DUMPSITES

Prohibited Acts

BAN ON SMOKING
1) Ban on smoking inside
public building or
enclosed public places,
including public
vehicles and other
means of transport or
in any enclosed area
OUTSIDE OF ones
private residence,
private place of work
or any duly designated
smoking area which
shall be enclosed.
2) LGU to enforce or
implement the ban
thru ordinance

POLLUTION FROM MOTOR

VEHICLES
1) Scope of Applicability:
light duty vehicles,
light commercial

vehicles, medium and

heavy duty vehicles,
2) DOTC shall enforce
compliance with the
emission standards for
motor vehicles.

as published on June
27, 2000
2) Revision of List of ODS
when necessary

1) Implementation of the
National Plan
consisten with the UN
Framework Convention
on Climate Changes,
etc.

3) DOTC may deputize

other law enforcement
agencies and LGUs for
this purpose.
4) DOTC shall have the
power to:

[3] Authorize
private testing
emission testing
centers duly
accredited by
the DTI.

5) Philippine Clean Air

Act

[1] Inspect and

monitor the
emissions of
motor vehicles;
[2] Prohibit or
enjoin the use of
motor vehicles
or a class of
motor vehicles in
any area or
street at
specified times;
and

PHASE OUT OF ODS

1) In conformance to
Montreal Protocol,
ODS to be phased out
according to shcedule

GREENHOUSE GASES

PERSISTENT ORGANIC
POLLUTANTS
1) Establishment of
Inventory List of all
sources of POPs such
as dioxins and furans
and their reduction
and elimination.
2) Philippine Clean Air
Act

CONCEPT OF CITIZEN SUITS

(Sec 41)
1) Legal actions
available: civil,
criminal,
administrative
2) Party Defendants: any
violator; any agency
implementing
inconsistent
rules/regulations; any
public official who
wilfully or grossly
neglects the
performance of an act
specifically enjoined as
a duty under the Act

or IRR or who abuses

his authority or
improperly performs
his duty

3) Determination to be
made not exceeding
30 days
4) Upon positive
determination, the
Court to dismiss the
case and award
attorneys fees and
DOUBLE DAMAGES to
the defendant

3) 3rd-day Notice Rule

4) Exemption from Filing
Fees, Injunction Bond
5) Speedy disposition of
the case within 30
days
6) Philippine Clean Air
Act

5) Philippine Clean Air

Act

CONCEPT OF SLAPPS (Sec

43)

1) Stationary Sources
(Exceedance of Air
Quality Stds)

1) Suits and Strategic

Legal Action Against
Public Participation
(SLAPPS) to be
dismissed
2) Concept: Where a suit
is brought against a
person who filed a
CITIZEN SUIT against
any person,
institution or
government agency,
the Investigating
Prosecutor or the
Courtshall immediately
make a determination
not exceeding thirty
(30) days whether
said legal action has
been filed to harass,
vex, exert undue
pressure or stifle such
legal recourses

FINES AND PENALTIES

2) Motor Vehicles
(Accessory: complete
seminar on pollution
control management)
3) Other provisions

GROSS VIOLATIONS (Sec 48)

1) Deemed Gross
Violation

A) 3 or more specific offenses

within 1 year
B) 3 or more specific offenses
within 3 consecutive years
C) Blatant disregard of PAB orders
D) Irreparable or grave damage to
environment

Penalty: 6-10 years

imprisonment

END OF RA8749

CLIMATE CHANGE

The Intergovernmental
Panel on Climate Change
(IPCC) refers to climate
change as any change in
climate over time, whether
due to natural variability or
as a result of human
activity.

What could happen if the

climate changes?

By increasing the amount of

heat-trapping gases, we are
adding to the warming effect of
the natural atmospheric
greenhouse. This could warm
the planet and have a huge
effect on all forms of life.

The global sea level could rise

due to several factors including
melting ice and glaciers. Rising
sea levels could damage coastal
regions through flooding and
erosion.

The climate of various regions

could change too quickly for
many plant and animal species
to adjust.

Harsh weather conditions, such

as heat waves and droughts,
could also happen more often
and more severely.

What could happen if the

climate changes?

Climate change could also

affect the health and well-being
of people.

Many larger cities could

experience a significant rise in
the number of very hot days.

Air pollution problems would

increase, placing children, the
elderly and people suffering
from respiratory problems at
greatest risk of health effects.

Increases in molds and pollens

due to warmer temperatures
could also cause respiratory
problems such as asthma for
some people.

What are the vulnerabilities

of Philippine ecosystems to
climate change?

Sea Level Rise and Flooding

Agriculture and Food Security

Impacts on Marine Ecosystems

(e.g., smaller coastal areas,
marine fish kill, occurrence of
red tide, transfer of some
marine fish species to safer
grounds as their new habitat,
and the stranding of marine
mammals in beaches like the
dolphins and whales)

Water Scarcity

Global Agreements

In June 1992, the United Nations

Framework Convention on
Climate Change was signed by
154 countries that agreed to
stabilize the amount of
greenhouse gases in the
atmosphere at levels that will
not cause harm.

In December 1997, in Kyoto,

Japan, 161 industrialized nations
committed to reduce their
greenhouse gas emissions, as
part of an international
agreement on climate change
called the Kyoto Protocol.

KYOTO PROTOCOL

Developed nations agreed to

limit their collective greenhouse
gas emissions by 5% of their
1990 levels during the period
2008-2012.

world to meet their domestic

emission reduction targets by
investing in projects that reduce
greenhouse gas emissions in
developing countries.

The idea of the CDM is that it

offers emissions traders yet
another tradable unit, in this
case certified emission
reductions (CER) credits.

Every tonne of carbon dioxide or

its equivalent that is reduced
through a CDM project
generates a single CER.

Paris Agreement

At the Paris COP (COP 21) in

December 2015, 195
countries adopted the first
ever universal, legally
binding agreement

The agreement is due to

enter into force in 2020

Key Elements:

It urged governments to:

improve energy
efficiency,

reform the energy and

transportation sectors,

promote renewable
energy,

phase out inappropriate

fiscal measures and
market imperfections,

limit methane emissions

from waste management
and energy system, and

protect forests and other

carbon sinks.

Mitigation: reducing
emissions to well
below 2 deg thru
INDCs

Transparency and
global stocktake

KYOTO PROTOCOL

Adaptation

The carbon development

mechanism (CDM) is one of the
three so-called flexible
mechanisms established
through the Kyoto protocol

Loss and damage

CDM works by enabling

countries in the industrialised

Paris Agreement

To come into effect, it has

two requirements:

It must be ratified by
55 nations

The ratifying countries

must account for 55
percent of the worlds
GHG emissions

As of 4 October 2016, 62
countries producing about
52% of the emissions have
formally ratified.

Climate change act of 2009

as amended by ra 10174

Republic Act 9729

Declaration of Policy

State adopts the principle of

protecting the climate
system for the benefit of
humankind, on the basis of
climate justice or common
but differentiated
responsibilities and the
Precautionary Principle to
guide decision-making in
climate risk management

Climate Change

Refers to a change in
climate that can be
identified by changes in the
mean and/or variability of
its properties and that
persists for an extended
period typically decades or
longer, whether due to
natural variability or as a
result of human activity

Disaster

Refers to a serious
disruption of the functioning
of a community or a society
involving widespread
human, material, economic
or environmental losses and
impacts which exceed the
ability of the affected
community or society to
cope using its own
resources.

Creation of the Climate

Change Commission

The Climate Change Commission

is hereby created. It is attached to
the Office of the President and an
independent and autonomous
agency with the same status as
that of a national government. It
is the sole policy-making body of
the government tasked to
coordinate, monitor and evaluate
the programs and action plans of
the government relating to
climate change. (Sec. 3)

Climate Change Impacts and

Vulnerabilities

Infrastructure

Infrastructures facilities are

threatened by climate change as
they are directly exposed
oftentimes prolonged and
frequent rainfall, strong winds,
and higher waves. These impacts
have potential implications for
where we locate how we build our
new infrastructures, as well as
make existing infrastructure
robust or resilient to the effects of
climate change.

Local climate change action

PLAN

The LGUs shall be the

frontline agencies in the
formulation, planning and
implementation of climate
change action plans of
respective areas, consistent
with the LGC, the
Framework, and National
Climate Change Action Plan.

Powers and Functions of the

Commission

Its powers and functions

include the formulation of a
strategic framework on
Climate Change to serve as
a basis for a program for
climate change planning,
research and development,
information and knowledge
management, and
monitoring of activities on
climate change.

Powers and Functions of the

Commission

The Commission also

recommends the legislation,
policies and strategies,
programs on and
appropriations for climate
change adaptation and
mitigation and other related
activities. It also
recommends key
developments investments
in climate-sensitive sectors
to ensure the achievement
of national sustainable
development goals. (Sec. 7)

The Commission is
composed of the Chief
Executive who shall serve as
the Chairperson, and three
(3) Commissioners to be
appointed by him, one of
whom shall be appointed as
Vice Chairperson of the
Commission
.

The Composition of the

Commission and the Inclusion of
All Relevant Departments and
Agencies

Barangays shall be directly

involved with municipal and
city governments in
prioritizing climate change
issues and in identifying and
implementing best practices
and other solutions.

The Composition of the

Commission and the Inclusion of
All Relevant Departments and
Agencies

sector and non-government

organizations (NGOs)
compose the bodys
advisory board to ensure
accountability.

A total of twenty-seven (27)

government agencies, local
government units (LGUs)
and representatives from
the academe, business

The Mandate to formulate the

National Strategic Framework and
Program on Climate Change

The Commission is
mandated to create the
official National Strategic

Framework and Program on

Climate Change (NSFPCC) as
the basis for climate change
planning, research and
development, extension,
monitoring of activities, and
climate financing, to protect
vulnerable and marginalized
communities from the
adverse effects of climate
change. (Sec. 8).

Creation of the Peoples

Survival Fund

A Peoples Survival Fund

(PSF) is established as a
special fund in the National
Treasury. The fund is
dedicated to supporting
climate change adaptation
and resilience-building
programs of local
governments and
communities based on the
National Strategic
Framework. (Sec. 18).

NATIONAL FRAMEWORK
STRATEGY ON CLIMATE
CHANGE 2010-2022

Roadmap as the basis for the

national program on climate
change

The Framework envisions a

climate risk-resilient
Philippines with healthy,
safe, prosperous and selfreliant communities, and
thriving and productive
ecosystems.
The goal is to build the
adaptive capacity of

communities and increase

the resilience of natural
ecosystems to climate
change, and optimize
mitigation opportunities
towards sustainable
development.

Climate Change Impacts and

Vulnerabilities

Ecosystems

Even slight increases in

temperature would affect the
survival of plants and animals
with narrow tolerance range for
temperature and those which are
presently living at the upper limit
of their tolerance level.

Energy

The relationship between the

renewable source potential and
the driving climate variables such
as precipitation and wind speed
will dictate the extent of changes.

Climate Change Impacts and

Vulnerabilities

Food

The outstanding threat of climate

change is the undefined shifting
of rainfall patterns and rising
temperatures. Without proper
scientific guidance, this creates
confusion to many farmers in
terms of when to plant and what
to plant.

Health

Among the most likely impacts of

climate change on health sector

include increases in endemic

morbidity and mortality due to
increases in coastal water
temperature, and an expansion of
the natural habitats of vectorborne and water-borne diseases.

Philippine disaster risk

reduction and management
act

Republic Act. No. 10121

Mainstream disaster risk

reduction and climate
change adaptation and
mitigation in development
process such as policy
formulation, socioeconomic
development, planning,
budgeting and governance,
particularly in the areas of
environment, agriculture,
water, energy, health,
education, poverty
reduction, land-use and
urban planning, and public
infrastructure and housing,
among others;

* Ensure that climate change

measures are gender responsive,
sensitive to indigenous knowledge
systems and cultures, and
respectful of human rights;
* In coordination with Climate
Change Commission, formulate
and implement a framework for
climate change adaptation and
disaster risk reduction and
management from which all
policies, programs and projects
shall be based.

NDRRMC

The National Council, being

empowered with policymaking, coordination,
integration, supervision,
monitoring and evaluation
functions, shall have the ff
responsibilities:

(a) Develop a NDRRMF which shall

provide for a comprehensive, allhazards, multi-sectoral, interagency and community-based
approach to disaster risk
reduction and management;

NDRRMC

(e) Establish a national early

warning and emergency alert
system
xxx
(h) Manage and mobilize
resources for disaster risk
reduction and management
including the National Disaster
Risk Reduction and Management
Fund;
xxx
(i)

In coordination with the

CCC, formulate and
implement a framework
for climate change
adaptation and disaster
risk reduction and
management

Resolving Environmental Issues

Resolving Environmental Issues
1. Rules of Procedure for
Environmental Cases, A.M. No. 09-6-8SC, April 13, 2010

2. Doctrine of exhaustion of
administrative remedies

normally be litigated in court, and

other matters

Exceptions:

Environmental Protection Order (EPO)

(1) Universal Robina Corporation v.

LLDA, G.R. No. 191427, May 30,

An order issued by the court directing

or enjoining any person or government
agency to perform or desist from
performing an act in order to protect,
preserve or rehabilitate the
environment

2011
(2) Republic v. Lacap, GR No.
158253, March 2, 2007, 517 SCRA 255
Rules of Procedure for Environmental
Cases (A.M. No. 09-6-8-SC)
HIGHLIGHTS:
1. Citizen suits
2. Consent decree
3. Environmental Protection
Order (EPO)
4. Writ of Kalikasan
5. Writ of Continuing Mandamus
6. Strategic Lawsuits Against
Public
Participation
(SLAPP)
7. Precautionary Principle

WRIT OF KALIKASAN
Available to a natural or juridical
person, entity authorized by law, PO,
NGO or any public interest group
accredited by or registered with any
government agency
Filed on behalf of persons whose
constitutional right to a balanced and
healthful ecology is violated, or
threatened with violation by an
unlawful act or omission of a public
official or employee, or private
individual or entity
Involving environmental damage of
such magnitude as to prejudice the
life, health or property of inhabitants
in two or more cities or provinces.

Citizen suits

Writ of Continuing Mandamus

- Liberalizes standing to sue for all

cases filed enforcing environmental
laws.

to compel the performance of an act

specifically enjoined by law.

- Deferred payment of filing fees

Strategic Lawsuit against Public

Participation (SLAPP)

Consent Decree
Allows for a compromise agreement
between two parties in environmental
litigation over issues that would

A legal action filed to harass, vex,

exert undue pressure or stifle any
legal recourse that any person,
institution or the government has
taken or may take in the enforcement
of environmental laws, protection of

the environment or assertion of

environmental rights.
Precautionary Principle
Where scientific certainty in factual
findings cannot be achieved, the court
may construe a set of facts as
warranting either judicial action or
inaction, with the goal of preserving
and protecting the environment.
Some important provisions on criminal
procedure
Bail - available to the accused from
any court, within and outside the
jurisdiction of the court which had
issued the warrant of arrest
Arraignment and Trial in absentia
- execution of an undertaking by the
accused and counsel, empowering the
judge to enter a plea of not guilty, in
the event the accused fails to appear
at the arraignment. This authorization
permits the court to try the case in
absentia
Rules of Procedure for Environmental
Cases (A.M. No. 09-6-8-SC)
Objectives:

(d) To enable courts to monitor and

exact compliance with orders and
judgments in environmental cases.
Rules of Procedure for Environmental
Cases (A.M. No. 09-6-8-SC)
The Rules govern the procedure in
civil, criminal and special civil actions
before the Regional Trial Courts,
Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial
Courts involving enforcement or
violations of major environmental and
other related laws.
Standing to sue
Standing to Sue
Any real party in interest, including
the government and juridical entities
authorized by law, may file a civil
action involving the enforcement or
violation of any environmental law.
For CITIZEN SUITS, any Filipino
citizen in representation of others,
including minors or generations yet
unborn, may file an action to enforce
rights or obligations under
environmental laws.

(a) To protect right to a balanced

and healthful ecology;
(b) To provide a simplified, speedy
and inexpensive procedure for the
enforcement of environmental rights
(c) To introduce innovations and
best practices ensuring effective
enforcement of environmental laws;
and

Instituting Actions
Civil actions can be instituted by filing
a VERIFIED COMPLAINT, which shall
contain:
Names of the parties,
Addresses of the parties,
Cause of action and

Reliefs prayed for.

+ affidavits of witnesses (in Q&A form)

What happens after IF it is a CITIZEN

SUIT?

+ (if possible) object evidence

Upon the filing of a citizen suit, the

court shall issue an order which shall
contain:

+ statement that it is an
environmental case, law involved

a brief description of the cause of

action and

+certification against forum shopping

the reliefs prayed for, requiring all

interested parties to manifest their
interest to intervene in the case within
fifteen (15) days from notice thereof.

+ documentary evidence

+ proof of service of copy of complaint

to the government or appropriate
agency
Important things to Remember when
filing a VERIFIED COMPLAINT
The affidavits shall be in question
and answer form and shall comply
with the rules of admissibility of
evidence.
The complaint shall state that it is an
environmental case and the law
involved. If the complaint is not an
environmental complaint, the
presiding judge shall refer it to the
executive judge for re-raffle.
Payment of filing and other legal fees
Shall be deferred until after
judgment unless the plaintiff is
allowed to litigate as an indigent. It
shall constitute a first lien on the
judgment award.

For a citizen suit, the court shall defer

the payment of filing and other legal
fees that shall serve as first lien on the
judgment award.

The plaintiff may publish the order

once in a newspaper of a general
circulation in the Philippines or furnish
all affected barangays copies of said
order.
Citizen suits filed under R.A. No. 8749
and R.A. No. 9003 shall be governed
by their respective provisions.
Allowed Pleadings and Motions
Complaint;
Answer;
Compulsory counterclaim;
Cross-claim;
Motion for intervention;
Motion for discovery; and
motion for reconsideration of the
judgment.
Prohibited Pleadings and Motions
Motion to dismiss the complaint;
Motion for a bill of particulars;

Motion for extension of time to file

pleadings, except to file answer, the
extension not to 15 days;
Motion to declare the defendant in
default;
Reply and rejoinder; and
Third party complaint.
cases
1. Didipio Earthsavers Multipurpose
Assoc., Inc. v. Environmental
Secretary, GR No. 157882, 30 March
2006
2. Shell Phils Exploration v. Efren Jalos,
et al, GR No. 179918, 8 Sept 2010
3. Social Justice Society, et al v.
Chevron Phils, et al, GR No. 156052, 7
March 2009
4. Francisco Chavez v. NHA, et al, GR
No. 164527, 15 Aug 2007
5. Pacific Steam Laundry v. LLDA, GR
No. 165299, 18 Dec 2009
6. Hilario Henares, et al v. LTFRB, et al,
GR No. 158290, 23 Aug 2006
7. MMDA, et al v. Residents of Manila
Bay, GR Nos 171947-48, 18 Dec 2008
8. Kilosbayan v. Executive Secretary,
GR No. 101083, 30 July 1993
Didipio Earthsavers Multipurpose
Assoc., Inc. v. Environmental
Secretary, GR No. 157882, 30 March
2006
A person with legal standing is a real
party in interest who sustained or will
sustain direct injury as a result of the

governmental act that is being

challenged.
The third requisite to the power of
judicial review is legal standing or
locus standi. It is defined as a personal
or substantial interest in the case such
that the party has sustained or will
sustain direct injury as a result of the
governmental act that is being
challenged, alleging more than a
generalized grievance.8 The gist of the
question of standing is whether a
party alleges "such personal stake in
the outcome of the controversy as to
assure that concrete adverseness
which sharpens the presentation of
issues upon which the court depends
for illumination of difficult
constitutional questions."9 Unless a
person is injuriously affected in any of
his constitutional rights by the
operation of statute or ordinance, he
has no standing.10
In the instant case, there exists a live
controversy involving a clash of legal
rights as Rep. Act No. 7942 has been
enacted, DAO 96-40 has been
approved and an FTAAs have been
entered into. The FTAA holders have
already been operating in various
provinces of the country. Among them
is CAMC which operates in the
provinces of Nueva Vizcaya and
Quirino where numerous individuals
including the petitioners are imperiled
of being ousted from their
landholdings in view of the CAMC
FTAA
Didipio Earthsavers Multipurpose
Assoc., Inc. v. Environmental
Secretary, GR No. 157882, 30 March
2006

Petitioners embrace various segments

of the society. These include Didipio
Earth-Savers Multi-Purpose
Association, Inc., an organization of
farmers and indigenous peoples
organized under Philippine laws,
representing a community actually
affected by the mining activities of
CAMC, as well as other residents of
areas affected by the mining activities
of CAMC. These petitioners have the
standing to raise the constitutionality
of the questioned FTAA as they allege
a personal and substantial injury.14
They assert that they are affected by
the mining activities of CAMC.
Likewise, they are under imminent
threat of being displaced from their
landholdings as a result of the
implementation of the questioned
FTAA. They thus meet the appropriate
case requirement as they assert an
interest adverse to that of respondents
who, on the other hand, claim the
validity of the assailed statute and the
FTAA of CAMC.
Besides, the transcendental
importance of the issues raised and
the magnitude of the public interest
involved will have a bearing on the
countrys economy which is to a
greater extent dependent upon the
mining industry. Also affected by the
resolution of this case are the
proprietary rights of numerous
residents in the mining contract areas
as well as the social existence of
indigenous peoples which are
threatened. Based on these
considerations, this Court deems it
proper to take cognizance of the
instant petition.

Shell Phils Exploration v. Efren Jalos, et

al, GR No. 179918, 8 Sept 2010
Legal standing for tort arising from an
environmental nuisance.
Petitioner Shell alleged that the
complaint failed to state a cause of
action since it did not specify any
actionable wrong or particular act or
omission on Shells part that could
have caused the alleged injury to
Jalos, et al.
The construction and operation of the
pipeline may, in itself, be a wrongful
act that could be the basis of Jalos, et
als cause of action. The rules do not
require that the complaint establish in
detail the causal link between the
construction and operation of the
pipeline, on the one hand, and the fish
decline and loss of income, on the
other hand, it being sufficient that the
complaint states the ultimate facts on
which it bases its claim for relief. The
test for determining the sufficiency of
a cause of action rests on whether the
complaint alleges facts which, if true,
would justify the relief demanded. In
this case, a valid judgment for
damages can be made in favor of
Jalos, et al, if the construction and
operation of the pipeline indeed
caused fish decline and eventually led
to the fishermens loss of income, as
alleged in the complaint.
Social Justice Society, et al v. Chevron
Phils, et al, GR No. 156052, 7 March
2009
Legal standing for a public action as a
member of a class

Francisco Chavez v. NHA, et al, GR No.

164527, 15 Aug 2007
Legal standing as a taxpayer
Pacific Steam Laundry v. LLDA, GR No.
165299, 18 Dec 2009
Legal standing as a representative of a
public agency who has been
personally and directly aggrieved by
an environmental harm
Hilario Henares, et al v. LTFRB, et al,
GR No. 158290, 23 Aug 2006
Legal standing based on right to clean
air
MMDA, et al v. Residents of Manila
Bay, GR Nos 171947-48, 18 Dec 2008
Legal standing based on right to clean
water
Kilosbayan v. Executive Secretary, GR
No. 101083, 30 July 1993
Rationale of legal standing Principle
of separation of power
WRIT OF KALIKASAN
Filed on behalf of persons whose
constitutional right to a balanced and
healthful ecology is violated, or
threatened with violation by an
unlawful act or omission of a public
official or employee, or private
individual or entity, involving
environmental damage of such
magnitude as to prejudice the life,
health or property of inhabitants in
two or more cities or provinces.
Where to file the writ?

The petition shall be filed with the

Supreme Court or with any of the
stations of the Court of Appeals.
Salient features of the writ
The petitioner shall be exempt from
the payment of docket fees.
Within three (3) days from the date of
filing of the petition, if the petition is
sufficient in form and substance, the
court shall give an order: (a) issuing
the writ; and (b) requiring the
respondent to file a verified return
within 10 days.
The clerk of court shall forthwith issue
the writ under the seal of the court
including the issuance of a cease and
desist order and other temporary
reliefs effective until further order.
The Philippines Writ of Kalikasan
A Petition for Mandamus in the Nature
of a Writ of Kalikasan, April 21, 2010
It seeks a continuing mandamus to
compel the national government to
carry out an ignored law requiring the
construction of rainwater collection
systems in every community, as an
adaptation measure to deal with the
recurrent cycles of floods and droughts
which are believed to be increasing
due to climate change
SC ISSUES 1ST WRIT OF KALISASAN
The Supreme Court (SC) issued on 90
nov 2010 an environmental protection
order, stopping the First Philippine
Industrial Corporation (FPIC) from
opening its 117-kilometer gas pipeline.
+
A

CASES ON WRIT OF KALIKASAN AND

CONTINUING MANDAMUS

same at anytime as circumstances

may warrant.

1. MMDA vs. Concerned Residents of

Manila Bay, GR Nos. 171947-48,
December 18, 2008

TEPO may be dissolved

2. Hernandez vs. NAPOCOR, GR No.

145328, March 23, 2006
3. Boracay Foundation, Inc. vs.
Province of Aklan, GR No. 196870,
June 26, 2012

Issuance of ex parte TEPO by

Executive Judge

Upon motion if it appears that the

issuance or continuance would cause
irreparable damage to the party
enjoined while applicant may be fully
compensated for such damages he
may suffer
+ affidavits of the party or person
enjoined
+ after hearing
+ posting of sufficient bond

If it appears from the verified

complaint with a prayer for EPO, the
matter is: (a) of extreme urgency
and (b) the applicant will suffer
grave injustice and irreparable
injury, an ex parte TEPO effective
for only 72 hours from date of the
receipt of the TEPO by the party or
person enjoined.

Reporting of action on TEPO

The applicant shall be exempted

from the posting of a bond for the
issuance of a TEPO.

TEMPORARY ENVIRONMENTAL
PROTECTION ORDER

Issuance of ex parte TEPO by

Executive Judge
Within 72 hours, the court where the
case is assigned, shall conduct a
summary hearing to determine
whether the TEPO may be extended
until the termination of the case.
The court where the case is assigned
shall periodically monitor the
existence of acts that are the subject
matter of the TEPO even if issued by
the executive judge, and may lift the

The judge shall report any action

taken on a TEPO, EPO, TRO or a
preliminary injunction, including its
modification and dissolution, to the
SC, OCA within 10 days from the
action taken.
Petition for Issuance of EPO

Case:
1. West Tower Condominium Corp.
vs. First Phil Industrial Corp., GR
No. 194239, May 31, 2011
EPO against Coal Ash: PEJC v. DENR, et
al.
Filing of an Answer
Within fifteen (15) days from receipt of
summons, the defendant shall file a
verified answer and serve a copy
thereof on the plaintiff

+ affidavits of witnesses
+ reports
+ studies of experts
+ all evidence in support of the
defense.
+ compulsory counterclaim and crossclaim (if any)
Affirmative and special defenses not
pleaded (except lack of jurisdiction)
and cross-claims and compulsory
counterclaims not asserted are waived
and barred.
Filing of the Answer to counterclaim or
cross-claims
Shall be filed and served within 10
days from service of the answer in
which they are pleaded.
Failure to answer the complaint within
the period provided, the court shall
declare defendant in default and upon
motion of the plaintiff, shall receive
evidence ex parte and render
judgment based thereon and the
reliefs prayed for.
Pre-Trial
Notice of pre-trial shall be issued
within 2 days from the filing of the
answer to the counterclaim or crossclaim, if any, the branch clerk of court
shall issue a notice of the pre-trial to
be held not later than 1 month from
the filing of the last pleading.
The court shall schedule the pre-trial
and set as many pre-trial conferences
as may be necessary within a period of

two (2) months counted from the date

of the first pre-trial conference.
Pre-Trial
At least three (3) days before the
pretrial, the parties shall submit pretrial briefs.
Failure to comply with the required
contents of a pre-trial brief may be a
ground for contempt.
Failure to file the pre-trial brief shall
have the same effect as failure to
appear at the pre-trial.
Mediation
Occurs at the start of the pre-trial
conference within a non-extendible
period of thirty (30) days from receipt
of notice of referral to mediation.

A mediation report must be submitted

within ten (10) days from the
expiration of the 30-day period.
Failure to appear at pre-trial
The court shall receive evidence ex
parte. not dismiss the complaint,
except upon repeated and unjustified
failure of the plaintiff to appear. The
dismissal shall be without prejudice,
and the court may proceed with the
counterclaim.
Preliminary Conference
The judge shall put the parties and
their counsels under oath, and they
shall remain under oath in all pre-trial
conferences.

The judge may issue a consent

decree approving the agreement
between the parties in accordance
with law, morals, public order and
public policy to protect the right of the
people to a balanced and healthful
ecology.
Evidence not presented during the
pre-trial, except newly-discovered
evidence, shall be deemed waived.
Preliminary Conference
The branch clerk of court shall require
the parties to submit:
*depositions (Rule 23 of the Rules of
Court),

The judge shall conduct continuous

trial which shall not exceed two (2)
months from the date of the issuance
of the pre-trial order.
Before the expiration of the two-month
period, the judge may ask the
Supreme Court for the extension of the
trial period for justifiable cause.
Affidavits in lieu of direct examination
In lieu of direct examination, affidavits
marked during the pre-trial shall be
presented as direct examination of
affiants subject to cross-examination
by the adverse party.
One-day examination of witness rule

*answers to written interrogatories

(Rule 25)

A witness has to be fully examined in 1

day, except for justifiable reason.

* answers to request for admissions by

the

Oral Offer of Evidence

adverse party (Rule 26)

*documents or things ((Rule 27)
* results of the physical and mental
examination
of persons (Rule 28)
Issuance of a pre-trial order
The court issue a pre-trial order
within ten (10) days after the
termination of the pre-trial.
The court shall endeavor to make the
parties agree to compromise or settle
in accordance with law at any stage of
the proceedings before rendition of
judgment.
Continuous Trial

After the presentation of the last

witness, only oral offer of evidence
shall be allowed, and the opposing
party shall immediately interpose his
objections. The judge shall forthwith
rule on the offer of evidence in open
court.
Judgment
The court shall have a period of 1
year from the filing of the complaint
to try and decide the case which may
be extended for justifiable cause.
The following judgment shall be
executory pending appeal unless
restrained by the appellate court:
*directing the performance of acts for
the protection, preservation or
rehabilitation of the environment

Judgment

Monitoring Execution of Judgment

The court may convert the TEPO to a

permanent EPO or issue a writ of
continuing mandamus directing the
performance of acts which shall be
effective until the judgment is fully
satisfied.

The court may motu proprio, or upon

motion of the prevailing party, order
that the enforcement of the judgment
or order be referred to a
commissioner who shall file with the
court written progress reports on a
quarterly basis or more frequently
when necessary.

Reliefs in a citizen suit

If warranted, the court may grant to
the plaintiff proper reliefs including:
*protection, preservation or
rehabilitation of the environment
* payment of attorneys fees
* costs of suit
* other litigation expenses.
* require the violator to submit a
program of rehabilitation or restoration
of the environment, the costs of which
shall be borne by the violator, or
* require the violator to contribute to a
special trust fund subject to the
control of the court.
Monitoring Execution of Judgment
The court may, by itself or through the
appropriate government agency,
monitor the execution of the
judgment and require the party
concerned to submit written reports
on a quarterly basis or sooner as
may be necessary, detailing the
progress of the execution and
satisfaction of the judgment.
The other party may, at its option,
submit its comments or observations
on the execution of the judgment.

Return of writ of execution

Execution shall terminate when the
decision or order has been
implemented to the satisfaction of the
court in accordance with Section 14,
Rule 39 of the Rules of Court.
Writ of Continuing Mandamus
A Petition for Continuing Mandamus
may be filed:
When any agency or instrumentality of
the government or officer thereof
unlawfully neglects the performance of
an act which the law specifically
enjoins as a duty resulting from an
office, trust or station in connection
with the enforcement or violation of an
environmental law rule or regulation or
a right therein, or unlawfully excludes
another from the use or enjoyment of
such right
there is no other plain, speedy and
adequate remedy in the ordinary
course of law
Contents of the Petition
The verified petition must:
allege the facts with certainty,
attach thereto supporting evidence,

specify that the petition concerns an

environmental law, rule or regulation,
and
pray that judgment be rendered
commanding the respondent to:
do an act or series of acts until the
judgment is fully satisfied, and

The constitutional right of the people

to a balanced and healthful ecology
shall be given the benefit of the doubt.

Standards for Application of the

Precautionary Principle

The petition shall also contain a sworn

certification of non-forum shopping

In applying the precautionary

principle, the following factors,
among others, may be considered: (1)
threats to human life or health; (2)
inequity to present or future
generations; or (3) prejudice to the
environment without legal
consideration of the environmental
rights of those affected

Manila Bay Case

Kinds of Documentary Evidence

Manila Bay Case: MMDA, et al. vs.

Concerned Residents of Manila Bay
(Dec. 18, 2008)

Photographic, video and similar

evidence.

pay damages sustained by the

petitioner by reason of the malicious
neglect to perform the duties of the
respondent, under the law, rules or
regulations.

When a criminal action is instituted,

the civil action for the recovery of civil
liability arising from the offense
charged, shall be deemed instituted
with the criminal action unless the
complainant waives the civil action,
reserves the right to institute it
separately or institutes the civil action
prior to the criminal action.

Photographs, videos and similar

evidence of events, acts, transactions
of wildlife, wildlife by-products or
derivatives, forest products or mineral
resources subject of a case shall be
admissible when authenticated by the
person who took the same, by some
other person present when said
evidence was taken, or by any other
person competent to testify on the
accuracy thereof

Evidence

Kinds of Documentary Evidence

Precautionary Principle - When there is

a lack of full scientific certainty in
establishing a causal link between
human activity and environmental
effect, the court shall apply the
precautionary principle in resolving
the case before it.

Entries in official records.

Institution of criminal and civil actions

Entries in official records made in the

performance of his duty by a public
officer of the Philippines, or by a
person in performance of a duty
specially enjoined by law, are prima
facie evidence of the facts therein
stated.

Other Tools for Reforms

Bail

Exercise Constitutional Right to

Information on Public Interest

Send Letter Interrogatory to Public

Officers who are duty-bound to answer
in 15 days

Arraignment and Plea

Criminal procedure

(The court shall set the arraignment of

the accused within 15 days from the
time it acquires jurisdiction over the
accused

Filing of Complaint

Pre-Trial

(By any offended party, peace officer

or any public officer)

(After the arraignment, the court shall

set the pre-trial conference within 30
days. It may refer the case to the
branch clerk of court, if warranted, for
a preliminary conference to be set at
least 3days prior to the pre-trial)

I
Filing of Information
An information, charging a person with
a violation of an environmental law
and subscribed by the prosecutor,
shall be filed with the court
I
Arrest
All warrants of arrest issued by the
court shall be accompanied by a
certified true copy of the information
filed with the issuing court
I
Criminal procedure
Custody and disposition of seized
items, equipment, paraphernalia,
conveyances and instruments
I
Provisional Remedies
(Attachment; EPO)
I

I
Preliminary Conference
I
Trial
(Continuous trial, shall not exceed 3
months from the date of the issuance
of the pre-trial order)
Strategic lawsuit against public
participation (SLAPP)
A legal action filed to harass, vex,
exert undue pressure or stifle any
legal recourse that any person,
institution or the government has
taken or may take in the enforcement
of environmental laws, protection of
the environment or assertion of
environmental rights shall be treated
as a SLAPP and shall be governed by
these Rules.
SLAPP as a defense; how alleged

In a SLAPP filed against a person

involved in the enforcement of
environmental laws, protection of the
environment, or assertion of
environmental rights, the defendant
may file an answer interposing as a
defense that the case is a SLAPP and
shall be supported by documents,
affidavits, papers and other evidence;
and, by way of counterclaim, pray for
damages, attorneys fees and costs of
suit.

agreements or financial technical

assistance agreements in the
Philippines; and
A Test Case on Ecological
Sustainability in Mining Zones (August
2011)

SLAPP as a defense: Next Steps

A Petition for the issue of the Writ of

Kalikasan and a Temporary
Environmental Protection Order (TEPO)
was filed by indigenous peoples,
residents and non-government
organizations (PEJC) to:

The court shall direct the plaintiff or

adverse party to file an opposition
showing the suit is not a SLAPP,
attaching evidence in support thereof,
within a non-extendible period of five
(5) days from receipt of notice that an
answer has been filed.

(b) stopping all mining operations

in the Zamboanga Peninsula,
including the mineral exploration of
MSSON Mining in Midsalips forest
reserve or watershed area until all
environmental concerns were
sufficiently addressed

The defense of a SLAPP shall be set for

hearing by the court after issuance of
the order to file an opposition within
fifteen (15) days from filing of the
comment or the lapse of the period.
A Test Case on Ecological
Sustainability in Mining Zones (August
2011)
A Petition for the issue of the Writ of
Kalikasan and a Temporary
Environmental Protection Order (TEPO)
was filed by indigenous peoples,
residents and non-government
organizations (PEJC) to:
(a) prohibit the DENR and Mines and
Geosciences Bureau (MGB) from
processing and considering all pending
and new applications for mineral

Phil. Earth Justice Center, Inc., et al vs.

Department of Environment and
Natural Resources, G.R. No. 197754*
The environmental issues raised
involved giving effect to the
statutory definition of carrying
capacity of our ecosystems and
whether public respondents mindless
issuances of mining tenements in
biologically diverse Zamboanga
peninsula have violated the principle
of non-regression.
*available at
http://www.elaw.org/system/files/Writ
+of+Nature+%28Kalikasan %29+v.
+Mining+Phils.pdf
Phil. Earth Justice Center, Inc., et al vs.
Department of Environment and
Natural Resources, G.R. No. 197754*

As of March 2011, the total land area

of 808,269.09 hectares or about 51
percent of the regions total landmass,
which covered critical protected areas,
is subject to potential mining.

to immediately stop the field trials of

Bt eggplant.
On May 12, 2012, the SC granted a
writ of kalikasan to stop field trials of a
GMO BT talong.
Mining in Zambales

The Supreme Court granted the

petition for a Writ of Kalikasan
against the mining operations in the
area. However, it did not issue a TEPO.
Instead, it directed the respondents to
submit a return of the writ. The
Supreme Court has designated the
Court of Appeals to handle the
reception of evidence for the parties.
(IUCNAEL e-Journal issue 2012 (1) by
Gloria Estenzo-Ramos)
The BT eggplant
Writ of Kalikasan granted against Bt
talong field trials
On April 26, 2012, an environment
group, along with fellow petitioners,
filed a petition asking the Supreme
Court for a Writ of Kalikasan and Writ
of Continuing Mandamus[2] against
GMO field trials. The petition sought

SC issues Writ of Kalikasan against

mining in Zambales
On June 13, 2012, the SC issues a writ
of kalikasan against companies,
officials and government agencies
directly and indirectly involved in the
leveling of a mountain in Sta. Cruz,
Zambales, and converting it into a
seaport.
Take Home Message
Never doubt that a small group of
thoughtful, committed citizens can
change the world; indeed, its the only
thing that ever has.
- Margaret Mead