WRIT OF KALIKASAN interest group accredited by or registered with any

government agency on behalf of persons;

What are the bases for issuing writ of kalikasan?  whose constitutional right to a balanced and healthful
 1987 Constitution ecology is violated, or threatened with violation;
o Article 2 Sec. 16, “The state shall advance the right  by an unlawful act or omission of a public official or
of the people to a balanced and healthful ecology in employee, or private individual or entity;
accordance with the rhythm and harmony of nature”  involving environmental damage of such magnitude as to
o Article 2 Sec. 15, “The state shall protect and prejudice the life, health or property of inhabitants in two or
more cities or provinces.
promote the right to health of the people and instill
health consciousness among them.”
Why is there a need for accreditation of a group or organization?
 Environmental Justice
The requirement of accreditation of a group or organization is for
 Inter-generational Responsibility (Oposa v. Factoran)
the purpose of verifying its existence. The accreditation is a
mechanism to prevent “fly by night” groups from abusing the writ.
What are the main issues considered by the Supreme Court
Committee which affects the prosecution of environmental
What are the contents of a petition for Writ of Kalikasan?
cases?
 Personal circumstances of the petitioner;
 whether to relax the rule on "locus standi” to encourage more
 Name and personal circumstances of the respondent, or if
citizens to file suits involving violations of the country's
name is unknown or uncertain, an appellation for him;
environmental laws;
 The environmental law violated;
 the delay in the disposition of pending environmental cases;
 The act or omission complained of;
and
 The environmental damage of such magnitude as to
 the problem of procuring evidence and crafting effective
prejudice the health, life or property of inhabitants in two or
remedies.
more cities or provinces;
 All relevant or material evidence;
What are the objectives of Writ of Kalikasan?
 Certification of petitioner under oath that:
 For protection and promotion of constitutional right to a
 He has not commenced any action involving the same issue;
balanced and healthful ecology;
 If there is a pending action, the present status thereof;
 For simplified, speedy and inexpensive procedure in the
 If he should learn that the same claim has been filed or is
enforcement of environmental rights and duties;
pending, he should report such fact within 5 days from
 To introduce and adopt innovations in ensuring the effective
knowledge thereof to the court;
enforcement of remedies and redress for violation of
 The reliefs prayed for.
environmental laws; and
 To enable the courts to monitor and exact compliance with
Where is it filed?
orders and judgments in environmental cases.
With the Supreme Court or with any station of the Court of
Appeals
What are some features of the Writ of Kalikasan?
 First of its kind in the WORLD.
Why is the petition filed in the Supreme Court or the Court of
 Special Civil Action
Appeals?
 Rule 7 of A.M. No. 09-6-8-SC: Rules of Procedure for
 The magnitude of the environmental damage is the reason
Environmental Cases (Effective April 29, 2010)
for limiting where the writ may be filed, to the Supreme Court
 A remedial measure that may be granted by the courts upon
or Court of Appeals whose jurisdiction is national in scope.
the request of a person or a group whose constitutional right
to a healthy environment is violated
How much is the docket fee?
The petitioner is EXEMPT from paying docket fees
What is the nature of a writ of kalikasan?
It is an extraordinary remedy with the underlying emphasis on the
magnitude as it deals with damage that transcends political and What is the rationale of the exemption from the payment of
territorial boundaries. docket fees?
The exemption from payment of docket fees is consistent with the
How is magnitude measure? character of the reliefs available under the writ, which excludes
Magnitude is measured according to the qualification set forth in damages for personal injuries. This exemption also encourages
the Rule – when there is environmental damage that prejudices public participation in availing of the remedy.
the life, liberty or property of inhabitants in two or more cities or
provinces. How is the writ issued?
Within 3 days from the filing of the petition, if the petition is
Give several instances wherein the SC issued Writ of Kalikasan. sufficient in form and substance, the court shall order:
 Protected Area Mgt. Board to refrain from issuing clearances  Issuing the writ;
for fish cage operations in Taal Lake;  Requiring the respondent to file a verified return.
 government to answer a petition seeking to stop mining The Clerk of Court shall issue the writ.
operations in the Zamboanga Peninsula;
 Placer Dome and Barric Gold to clean up the toxic waste that How is the writ served?
spilled into the Boac River in Marinduque in 1996; It is served personally or by substituted service by the court officer
 Baguio City government to cease and desist from using the or any person deputized by the court, who shall retain a copy on
Irisan dump facility either as a holding or staging area or as which to make the return of service.
controlled area for all kinds of solid wastes;
 Rehabilitating the Manila Bay by cleaning-up the river veins What if the court officers refuse to issue or serve the writ?
connected to the bay; and They will be punished with contempt without prejudice to other
 Stopping FPIC from operating the 117-kilometer Batangas-to- administrative, civil, or criminal action.
Manila oil pipeline after it leaked sometime in 2010.

Who can file a petition for Writ of Kalikasan? (PVU EP) When should the respondent file a verified return?
 Natural or juridical person, entity authorized by law, people’s Within a non-extendible period of ten (10) days after service of
organization, non-governmental organization, or any public the writ.
 What should be alleged in the motion for an “ocular inspection?”
What are the contents of the return?  The motion must show that an ocular inspection order is
 All defenses to show that respondent did not violate or necessary to establish the magnitude of the violation or the
threaten to violate, or allow the violation of any threat as to prejudice the life, health or property of
environmental law, rule or regulation or commit any act inhabitants in two or more cities or provinces.
resulting to environmental damage of such magnitude  It shall state in detail the place or places to be inspected.
as to prejudice the life, health or property of inhabitants  It shall be supported by affidavits of witnesses having
in two or more cities or provinces. personal knowledge of the violation or threatened violation of
 Affidavits of witnesses environmental law.
 documentary evidence
 scientific or other expert studies What are the contents of the “ocular inspection order?”
 object evidence, if possible After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry for
What is the effect if respondent will not raise all his defenses in the purpose of inspecting or photographing the property or any
the return? relevant object or operation thereon. The order shall specify the
All defenses not raised in the return shall be deemed waived. person or persons authorized to make the inspection and the
date, time, place and manner of making the inspection and may
What is the effect of a general denial? prescribe other conditions to protect the constitutional rights of all
A general denial of allegations in the petition shall be considered parties.
as an admission thereof.
What should be alleged in the motion for “production or
What are the prohibited pleadings and motions? inspection of documents or things?”
 Motion to dismiss; The motion must show that a production order is necessary to
 Motion for extension of time to file return; establish the magnitude of the violation or the threat as to
 Motion for postponement; prejudice the life, health or property of inhabitants in two or more
 Motion for a bill of particulars; cities or provinces.
 Counterclaim or cross-claim;
 Third-party complaint; What are the contents of the “production or inspection order of
 Reply; and documents or things?”
 Motion to declare respondent in default. After hearing, the court may order any person in possession,
custody or control of any designated documents, papers, books,
What is the purpose of providing for prohibited pleadings and accounts, letters, photographs, objects or tangible things, or
motions? objects in digitized or electronic form, which constitute or contain
The purpose of prohibiting certain pleadings and motions is to evidence relevant to the petition or the return, to produce and
expedite the hearing of the petition. permit their inspection, copying or photographing by or on behalf
of the movant. The production order shall specify the person or
Is a motion for intervention prohibited?
NO. A motion for intervention is excluded from the enumeration. persons authorized to make the production and the date, time,
Allowing this motion is a reaffirmation of the public participation place and manner of making the inspection or production and
aspect of the writ of kalikasan since there may be a large, may prescribe other conditions to protect the constitutional rights
qualified pool of possible representatives interested in availing of of all parties.
the remedy.
What are the limits on the issuance of the discovery measures?
What is the effect for failure to file a return? Considering that these measures are invasive, the court may
The court shall proceed to hear the petition ex parte prescribe conditions in any order granting such measures to
safeguard constitutional rights.
What are the matters taken up in a preliminary conference?
 Simplification of issues Who may be punished for indirect contempt?
 determination of the possibility of obtaining stipulations or The court may after hearing punish the respondent who refuses
admissions from the parties; or unduly delays the filing of a return, or who makes a false
 setting up the petition for hearing return, or any person who disobeys or resists a lawful process or
order of the court for indirect contempt under Rule 71 of the
What is the duration of the preliminary conference and hearing? Rules of Court.
The hearing and preliminary conference shall not extend beyond
sixty (60) days and shall be given the same priority as petitions What are the contents of the order of the court submitting the
for the writs of habeas corpus, amparo and habeas data. case for decision?
The court may require the filing of memoranda and if possible, in
What is the nature of the hearing? its electronic form, within a non-extendible period of 30 days from
The environmental damage subject of the writ may involve issues the date the petition is submitted for decision.
that are of a complex character, and for this reason, the hearing is What is the purpose of requiring the filing of memoranda in
not summary. The abbreviated time frame required, however, electronic form?
insures that the proceedings are expedited The court’s discretion in requiring the filing of memoranda in
electronic form if possible is for the purpose of expediting the
What are the discovery measures available? proceedings.
The discovery measures available include “ocular inspection” and
“production or inspection of documents or things.” What is the procedure in rendering judgment?
How can the discovery measures be availed of?  After hearing, the court shall issue an order submitting the
The discovery measures may be availed of by the filing of a case for decision.
verified motion. ◦ The court may require the filing of memoranda and if
Who can avail of the discovery measures? possible, in its electronic form, within a non-extendible
The discovery measures are available to a party in the case. period of thirty (30) days from the date the petition is
submitted for decision.
  Within sixty (60) days from the time the petition is submitted Yes. The filing of a petition for the issuance of the writ of kalikasan
for decision, the court shall render judgment granting or shall not preclude the filing of separate civil, criminal or
denying the privilege of the writ of kalikasan. administrative actions.

What are the reliefs that may be granted under the writ of WRIT OF CONTINUING MANDAMUS
kalikasan?
 Directing respondent to permanently cease and desist from What is the writ of continuing mandamus?
committing acts or neglecting the performance of a duty in Continuing mandamus is a writ issued in an environmental case
violation of environmental laws resulting in environmental directing any agency or instrumentality of the government or
destruction or damage; officer thereof to perform an act or series of acts decreed by final
 Directing the respondent public official, government agency, judgment which shall remain effective until judgment is dully
private person or entity to protect, preserve, rehabilitate or satisfied.
restore the environment;
 Directing the respondent public official, government agency, What are the grounds for the issuance of the writ of continuing
private person or entity to monitor strict compliance with the mandamus?
decision and orders of the court;  When any agency or instrumentality of the government or
 Directing the respondent public official, government agency, officer thereof unlawfully neglects the performance of an act
or private person or entity to make periodic reports on the which the law specifically enjoins as a duty resulting from an
execution of the final judgment; and office, trust or station in connection with the enforcement or
 Such other reliefs which relate to the right of the people to a violation of an environmental law rule or regulation or a right
balanced and healthful ecology or to the protection, therein.
preservation, rehabilitation or restoration of the environment,  When any agency or instrumentality unlawfully excludes
except the award of damages to individual petitioners. another from the use or enjoyment of such right.

Are the reliefs available exclusive?
The reliefs that may be granted under the writ are broad,
comprehensive and non-exclusive. The reliefs regarding
monitoring and periodic reports ensure enforcement of the
judgment of the court.
Where should the petition be filed?
The petition shall be filed with the Regional Trial Court exercising
jurisdiction over the territory where the actionable neglect or
omission occurred or with the Court of Appeals or the Supreme
Court.

What is the remedy in case an adverse judgment was rendered?
The remedy is to appeal to the Supreme Court under Rule 45 of of the writ of continuing mandamus?
the Rules of Court within fifteen (15) days from the date of notice
of the adverse judgment or denial of motion for reconsideration.
The appeal may raise questions of fact.
Can a question of fact be raised on appeal?
Given the extraordinary nature of circumstances surrounding the
issuance of a writ of kalikasan, this section allows an appeal to
raise questions of fact and thus constitutes an exception to Rule
45 of the Rules of Court.
May a party institute separate actions?
What are some characteristics of the procedure for the issuance
 The petitioner shall be exempt from the payment of docket
fees.
 Proceedings shall be summary in nature
 Orders expediting the proceedings or a Temporary
Environmental Protection Order for protection of the rights of
the parties may be granted by the court.
 The petition shall be resolved without delay within sixty (60)
days from the date of the submission of the petition for
resolution.

Summary and Comparative Table

Writ of Kalikasan
A Writ of Kalikasan is available
against an unlawful act or
omission of a public official or
employee, or private individual or
entity, involving environmental
damage of such magnitude as to
Subject
prejudice the life, health or
Matter
property
of inhabitants in two or more cities
or provinces. In addition,
magnitude of environmental
damage is a condition sine qua
non in a petition for the issuance
of a Writ of Kalikasan and must be
contained in the verified petition.
Who A petition for the issuance of a Writ
may file of Kalikasan is available to a broad
range of persons such as natural
or juridical person, entity
authorized by law, people’s
organization, non-governmental
organization, or any public interest
group accredited by or registered
with any government agency, on
behalf of persons whose right to a
balanced and healthful ecology is
Writ of Continuing
Mandamus
A Writ of Continuing Mandamus is
directed against
(a) the unlawful neglect in 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
(b) the unlawfully exclusion of another
from the use or enjoyment of such
right and in both instances, there is no
other plain, speedy and adequate
remedy in the ordinary course of law.
A Writ of Continuing Mandamus is
available only to one who is
personally aggrieved by the unlawful
act or omission.
violated or threatened to be
violated.
The respondent in a petition for
Respon
dent The respondent may be a private continuing mandamus is only the
individual or entity. government or its officers
Docket
Exempted Exempted
Fees
A petition for the issuance of a Writ of
Continuing Mandamus may be filed in
Given the magnitude of the
the following: (a) the Regional Trial
damage, the application for the
Court exercising jurisdiction over the
issuance of a Writ of Kalikasan
territory where the actionable neglect
can only be filed in Supreme Court
or omission occurred; (b) the Court
Venue or any of the stations of the Court
of Appeals; or (c) the Supreme Court.
of Appeals.
The Rule on the Writ of Kalikasan
incorporates the procedural
Discovery environmental right of access to The Rule on the Writ of Continuing
Measure information through the use of Mandamus does not contain any
discovery measures such as provision for discovery measures
ocular inspection order and
production order.
Damages No damages may be awarded in a The Writ of Continuing Mandamus
for petition for the issuance of a Writ allows damages for the malicious
 of Kalikasan consistent with the
personal public-interest character of the
injury petition. A party who avails of this
petition but who also wishes to be
indemnified for injuries suffered
may file another suit for the
neglect of the performance of the recovery of damages since the
legal duty of the respondent, identical Rule on the Writ of Kalikasan
to Rule 65, Rules of Court. allows for the institution of
separate actions.

Sources:

A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases

Annotation to the Rules of Procedure for Environmental Cases

http://www.scribd.com/doc/84320250/Writ-of-Kalikasan by Ms.
Cheryl Daytec-Yangot

http://www.abs-cbnnews.com/nation/01/31/10/sc-rushes-
promulgation-rules-writ-kalikasan

http://www.manilatimes.net/index.php/opinion/columnist1/17649-
we-need-a-law-on-environmental-remediation