Before the pretrial will be asked if there is a settlement reach by the parties during mediation

Pretrial conference: done a day before the pretrial proper in environmental cases

1. Parties are required by the position taken by them.

Deposition- is taken before case has already been filed.
2. A witness must identify such documents as evidence that it must be authentic and genuine.
3. Formal offer such as evidence. Court may or may not accept such evidence.

Modes of discovery under the Rules of Court.

Continuous Trial Rule 4

Trial must not exceed two months from date of issuance of pre-trial

Exceptions to the rule that appeal will stay the order : Rule 39

1. Injunction quick solution

2. Receivership -
3. Accounting
4. Support support in arrears

Exception to Exception : when CA issues TRO; Labor Cases

TEPO to Permanent Environmental Protection and Writ of Continuing Mandamus (Rule 65, Section 3)

Special Civil Actions under Rule 65-66-67-

1. Writ of Kalikasan - Rule 7

2. Writ of continuing Mandamus

Writ of Kalikasan Continuing Mandamus

Venue CA and SC Only RTC CA and SC
Respondents Include private individuals Only Government or its officers
entities
Petitioners Broad; generations yet unborn Only those aggrieved

Subject Matter Unlawful acts or omission 1.Unlawful neglect in the

involving environmental performance of duty
damage affecting two or more 2. Unlawful exclusion from use
cities or provinces or enjoyment of right
Docket Fees Exempt Exempt

Discover Ocular inspection and None

production of documents and
things
Damages Award not available to Personal damages may be
individual petitioner. Must file awarded.
separate action for damages.
Testate

Probate-

Memorandum of Appeal- Labor Cases

Record on appeal- tanang record like probate is its entire record.

Appoint of Executor or Executrix of Appeal

Intestate proceeding

August 24, 2016

Environmental Annotation pdf

Carbon Tax concept equal protection clause; polluters pay principle; 1.5 kilograms of waste a week. If
more than 1.5, the person will have to pay for the excess of such. Proportionate on the imposition on the
obligation of the excess.

SLAPP - Strategic lawsuit against public participation

Civil suit. Right to free speech. Page 131. Rule 6.

Whether a counterclaim to obtain MENTAL damages may take in the nature of SLAPP
This is in the nature of SLAPP.

Second scenario

Two concepts are carried namely: Solid waste management and Clean Air Act.

How to allege SLAPP?

- It is also a defense.
- If it is a civil SLAPP

How to determine if suit filed is a SLAPP

- SLAPP is summary in nature.

- Order of presentation should be first give way to the defense during trial.
- Burden of proof is only substantial only as a defense a party raising SLAPP.
- If you are the prosecutor, proof x x x
- Green courts.
 Three degrees burden of proof:

1. Preponderance of evidence.
2. Proof of guilt beyond reasonable doubt.
3.

Civil SLAPP

- Affirmative defense. Motion to dismiss as a general rule is prohibited on civil cases. Patent want
of jurisdiction of the court. Alleged an affirmative defense of SLAPP.
- Tort maybe
- Culpa aquillana is a civil slap
- Quasi delict based on the Civil Code Article 19 to 24.

Criminal SLAPP

- file immediately a motion to dismiss because there is no provision that prohibits such.

Why not motion to quash?? Motion to quash is the information that is defective.

o Conspiracy may be criminal.

o Trespass is criminal.
o Libel and defamation are criminal in nature
- Criminal law, its provision should be strictly construed.
- Forestry code- confiscation of truck that is used in transporting illegal logs. Writ of replevin is not
a proper remedy.
- By operation of law; kick out ang rules of court and use the environmental rules because only
environmental rules provides SLAPP. Rules of court should not anymore be applied.
-