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Rules of Procedure for Environmental Cases

environmental laws.

-

Judicial initiative for the protection
environmental rights and social justice

Objectives:
a) To
protect
and
advance
the
constitutional right of the people to a
balanced and healthful ecology;
b) To provide a simplified, speedy and
inexpensive
procedure
for
the
enforcement of environmental rights and
duties
recognized
under
the
Constitution, existing laws, rules and
regulations,
and
international
agreements;
c) To introduce and adopt innovations and
best
practices
ensuring
effective
enforcement of remedies and redress
for violation of environmental laws; and
d) To enable the courts to monitor and
exact compliance with orders and
judgments in environmental cases

 Scope of the rules:
a) Conversation
b) Development
c) Preservation
d) Protection
e) Utilization of the
natural resources

environment

of

and

 SEC. 2. Prohibited pleadings or motions. The following shall not be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file
pleading, except to file answer, the extension
not to exceed fifteen (15)
days;
(d) Motion to declare the defendant m
default;
(e) Reply and rejoinder; and
(f) Third party complaint.

 Who can file?
any Filipino citizen in representation of
others, including minors or generations yet
unborn.
 Environmental Protection Order (EPO)
- An order issued by the court enjoining any
person or government agency to perform or
desist from performing an act in order to
protect or desist from performing an act in
order to protect, preserve or rehabilitate the
environment.
 Temporary Environmental Protection Order
- Integrates both prohibitive and mandatory
reliefs in order to appropriately address the
factual circumstances surrounding the case.
- Available for both civil and criminal
environmental cases.
- Also available under the writ of kalkasan and
writ of mandamus as a relief or as a means
of expediting the proceedings and preserving
the rights of the parties
- Effective only for 72 hours, but it may be
extended, after a summary hearing “until the
termination of the case”.
- TEPO ex parte - exception to the general
requirement of due process which requires
the other party to be heard.
- Only the SC may issue a TRO
 Precautionary Principle
Precautionary principle states that when
human activities may lead to threats of
serious and irreversible damage to the
environment that is scientifically plausible but
uncertain, actions shall be taken to avoid or
diminish that threat.
-

a. The enumeration of prohibited pleadings aims to
address the question of delay in environmental
disposition: (2 months rule)
The environmental court is mandated to "prioritize the
adjudication
of
environmental
cases."
The
enumeration of prohibited pleadings addresses
questions of delay, and this objective is
complimentary to the rule requiring continuous trial
which shall not exceed two (2) months from the date
of the issuance of the pre-trial order, and a period of
one (1) year from the filing of the complaint to try and
decide the case.
But a motion for intervention is allowed to broaden
public participation in the enforcement of

Section 1. Applicability. - 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.
The constitutional right of the people to a
balanced and healthful ecology shall be
given the benefit of the doubt.

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Section 2. Standards for application. - 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

Who can file? . exert undue pressure or stifle any legal recourse that any person. or that which transcends political and territorial boundaries. parties can produce affidavits.  - - Mediation A process whereby an impartial third person called a mediator facilitates communication and negotiation between parties for the purpose of assisting them reach a voluntary agreement regarding their dispute. health or property of inhabitants in two or more cities or provinces. on behalf of persons whose constitutional right to a balanced and healthful ecology is violated. mandamus is employed to compel the performance. As distinguished from an injunction which is essentially a preventive remedy. health or property of inhabitants in two or more cities or provinces. vex. protection of the environment or assertion of environmental rights shall be treated as a SLAPP and shall be governed by these Rules. or any public interest group accredited by or registered with any government agency.environment without legal consideration of the environmental rights of those affected. - No damages in a citizen suit  Strategic Lawsuit Against Public Participation (SLAPP)  A legal action filed to harass. of a ministerial duty. institution or the government has taken or may take in the enforcement of environmental laws. when refused. 30 days  - Continuous Trial Not to exceed two-months from the issuance of the pre-trial order. involving environmental damage of such magnitude as to prejudice the life. people's organization.The petition may be filed by a natural or juridical person. . The environmental damage must be of such magnitude as to prejudice the life. and not to undo what has been done. this being its chief use and not a discretionary duty.Generally. or threatened with violation by an unlawful act or omission of a public official or employee.  WRIT OF CONTINUING MANDAMUS . - instead of direct examination. entity authorized by law. Mandamus lies to command the doing of what ought to be done. or private individual or entity. non-governmental organization. Writ of continuing mandamus The writ of continuing mandamus commands the respondent to do an act or series of acts until the judgment is fully satisfied.  WRIT OF KALIKASAN - Extraordinary remedy which may be issued depending on the magnitude of the environmental damage. the function of mandamus is to set in motion and to compel action.

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people’s organization. or private individual or entity. health or property of inhabitants in two or more cities or provinces. entity authorized by law. on behalf of persons whore right to a balanced and healthful ecology is violated or threatened to be violated. Available to a broad range of persons such as natural or juridical person. parties can file a another suit of recovery of damages. Respondent Exemption from docket fees Government or its officers exempted Venue RTC – exercising jurisdiction CA SC Does not contain Discovery measures Damages for personal injury Allows payment of damages for the malicious neglect in the performance of the legal duty of the respondent Writ of Kalikasan Available against an unlawful act or omission of a public official or employee. Who may file Available only to one who is personally aggrieved by the unlawful act or omission. or The unlawful exclusion of another fro the use or enjoyment of such right and. . However. speedy and adequate remedy in the ordinary course of law.Difference of Subject Matter Continuing mandamus a) b) Unlawful neglect in the performance of an act which the law specially enjoins as duty resulting from an office. Private individual or entity exempted SC only or CA of Manila. or any public interest group accredited or registered with any government agency. involving environmental damage of such magnitude as to prejudice life. trust or station in connection with enforcement of violation of an environmental law rule or regulation of a right therein. Does not allow the payment of damages consistent with the public-interest character of the petition. The magnitude of the environmental damage is a condition sine qua non in a petition for the issuance of a writ of kalikasan and must be specified in the verified portion. non governmental organization. there is no other plain. entity authorized by law. in both instances. people’s organization. Cebu or Cagayan De Oro Incorporates the procedural environmental right of access to information through the use of discovery measures such as ocular inspection order and production order.