HELLO ALL:

This is the bulk of our presentation, excluding the cases. The other file named “A.m.No.09-6-8-
SC_annotation.pdf” is for additional reference on the topic, whoever will be the presenters. I
will volunteer to be a reporter but there has to be four of us. I will be the one to discuss last,
as I will be the one doing the wrap-up. Please go over this and the other attachment so you
will already have an idea what to take up in our meeting later, after Civ Rev class. Thank you!

BTW, the slides are already available. I will just insert the cases.

RULES Of PROCEDURE FOR ENVIRONMENTAL CASES

(A.M. 09-6-8-SC/29 April 2010)

Outline of Presentation:

I. Salient Features
A. Liberalized Standing
B. Proceedings are Summary in Nature
C. Precautionary Principle
II. Novel Provisions of the Rule
A. Availability of EPO
B. Prohibition Against TRO and Preliminary Injuction
C. Recognition of Rules of concerned government agencies on the
custody and disposition of seized items
D. SLAPP
E. Writ of Kalikasan
F. Plea Bargaining in Environmental Cases
III. Criminal Procedure Aspect
A. Prosecution of Offenses
B. The Complaint
C. DENR CENRO/ PENRO/ DENRO for violation of forestry laws and
other environmental laws
D. Wildlife Enforcement Officers for violation of Wildlife Resources
Conservation and Protection Act
E. Evidence Required
F. Custody and Disposition of Seized Items
G. Arraignment and Plea
H. Pre-Trial
I. Trial
IV. The Strategic Lawsuit Against Public Participation (SLAPP)
 A. Purpose
B. Evidence
V. The Civil Aspect of Environmental Suits
A. Effect of Failure to Appear at the Pre-Trial
B. Affidavits in lieu of the Direct Examination
C. Period to Decide the Case
D. Reliefs Available to the Plaintiff
VI. SLAPP
A. Special Civil Action—Writ of Kalikasan
B. Where to File
C. Contents of the Petition
D. Prohibited Pleadings
E. Reliefs
VII. The Writ of Continuing Mandamus
A. Where to File
B. Time to File
C. Reliefs Available

RULES Of PROCEDURE FOR ENVIRONMENTAL CASES

(A.M. 09-6-8-SC/29 April 2010)
- The Rules govern the procedure in civil, criminal and special civil actions
involving enforcement or violations of environmental laws (e.g., Revised
Forestry Code, Water Code, Phil. Mining Act, IPRA, Ecological Solid Waste Mgt
Act, Clean Water Act, etc.)Wildlife
SALIENT FEATURES OF THE RULE
A. Liberalized Standing

 Any real party in interest, including the gov't, and juridical entities may
file a civil action involving the enforcement and violation of
environmental law.
 Any Filipino citizen, in representation of others, including minors or
generations yet unborn, may file an action to enforce rights and
obligations under environmental law.

B. Proceedings are summary in nature

 Both complaint and answer must include affidavits of witnesses and

material evidence.
C. RULE ALLOWS THE APPLICATION OF PRECAUTIONARY PRINCIPLE
- in cases where human activities may lead to threats of serious and
irreversible damage to the environment that is scientifically plausible but
certain, precautionary principle shall be applied. In such case, actions shall be
taken to avoid or diminish the threat.
NOVEL PROVISIONS OF THE RULES
A. Availability of Environmental Protection Order (EPO). An EPO is an order
issued by the court directing or enjoining a person or government agency to
perform or desist from performing an act in order to protect, preserve or
rehabilitate the environment. A TEPO may be issued ex parte if the matter is of
extreme urgency and the applicant will suffer grave injustice and irreparable
injury. TEPO is effective only for 72 hrs from date of receipt of order.
B. Prohibition against Temporary Restraining Order (TRO) and Preliminary
Injunction.
The Rules provide that except the SC, no court can issue a TRO or Writ of
Preliminary Injunction against lawful actions of govt agencies that enforce
environmental laws.
C. Recognition or rules of the concerned govt agencies on the custody and
disposition of seized items, equipment, paraphernalia, conveyances and
instruments.
E. Provision on Strategic Legal Action Against Public Participation (SLAPP)
F. Availability of Writ of Kalikasan. It is a remedy available to a natural or
juridical person, on behalf of persons whose constitutional right to a balanced
ecology is violated, or threatened with violation of an unlawful act or mission 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 2 or more cities or provinces.
D. Requirement of consent by concerned govt agencies in case of plea
bargaining.
PART II, CRIMINAL PROCEDURE
A. PROSECUTION OF OFFENSES
How criminal action for violation of an environmental law is instituted?
- by filing of a complaint with the Office of the Prosecutor of the place where
the crime is committed.
Complaint
- a sworn written statement, in question and answer form, charging a person
with an offense subscribed by the offended party, any peace officer charged
with the enforcement of the environmental law violated.
Who can file a complaint?
- Any offended party, peace officer or any public officer charged with the
enforcement of an environmental law.
Ex. 1. Protected Area Superintendents for violation of NIPAS Act inside their
respective protected areas.
2. DENR CENRO/PENRO/DENRO for violation of forestry laws and other env'l
laws.
3. Wildlife Enforcement Officers for violations of the Wildlife Resources
Conservation and Protection Act
Can the police officers directly file the complaints without involving other govt
agencies e.g. DENR or BFAR?
Yes,provided technical consideration is not necessary to determine probable
cause. Otherwise, the corresponding govt agency must be involved.
Can a complaint be directly filed with the court?
No. It can only be filed with the concerned Office of the Prosecutor. Only an
Information charging a person with a violation of environmental law and
subscribed by the prosecutor can be filed with the court.
Evidence required in the filing of a complaint.
1. mission order, if any
2. sworn statements in Q&A form of the arresting officers and witnesses
3. Pictures showing the scene of the crime, object of the offense, conveyances,
tools and other paraphernalia used in the commission of the offense.
4. If pictures are submitted, these must be accompanied by SS by persons who
took the photograph, by persons who were present when pictures were taken,
or by any competent persons who can testify on its accuracy;
5. Seizure receipt;
6. Inventory sheet;
7. Turn over receipts (chain of custody)
8. Endorsement letters (turn over of the case from arresting officers to police
inv)
9. Certifications from DENR, BFAR, etc. on the issuance of the permits
10. Referral to the concerned Office of the Prosecutors.
Custody and Disposition of Seized items
- the apprehending officers having initial custody of the seized items shall
conduct the inventory and whenever practicable photograph the same in the
presence oft he person from whom the items were seized;
- if seizure is by SW, return is to be made within 5 days from date of seizure.
Otherwise, the officer shall submit within 5 days from date of seizure the
inventory report and other pertinent docs to the prosecutor for appropriate
action;
- the court may cause the public auction of the seized items upon motion by
any interested party and after notice and publication.
- the proceeds shall be deposited with the govt depository bank for disposition
accdg to the judgment.
ARRAIGNMENT AND PLEA
- the presence and consent of the govt agency concerned is required in plea
bargaining
PRE-TRIAL
law enforces should be present and assist in the identification and marking of
the statements and other exhibits. He also informs the prosecutors on matters
related to stipulations of facts and admissions.
TRIAL
court shall endeavor to conduct a continuous trial which shall not exceed 3
months from date of issuance of pre-trial order.
the testimony of the witnesses are presented in the form of a judicial affidavit.
One (1) day examination rule
-the direct and cross-exam of the witnesses must be conducted in one (1) day
Period to Decide - court shall decide the case within 10 months from date of
arraignment
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP)
-this refers to an action filed with the intent to harass, vex or exert undue
pressure against the law enforcer for his acts of enforcing the environmental
laws or protecting the env't.
- upon the filing of the information or before arraignment, accused may file a
motion to dismiss on the ground that the action is a SLAPP.
- as a result of the filing of the defense of SLAPP, the proceedings in the main
case is deferred. The hearing on the defense is summary in nature. The court is
required to rule on the defense of SLAPP within 60 days.
EVIDENCE
Documentary evidence (e.g., photos, videos, etc.) may be made admissible
when authenticated.
Authentication is done by executing a sworn statement, in question & answer
form, regarding the circumstances surrounding the taking of the said evidence
and attesting to the accuracy of the same.
SALIENT FEATURES IN CIVIL CASE
Effect of failure to appear at the pre-trial
Court shall not dismiss the case, except upon unjustified and repeated failure
of the plaintiff to appear. If defendant failed to appear during the pre-trial,
court shall receive evidence ex parte
Affidavits in lieu of the Direct Examination
affidavits marked during the pre-trial shall be presented as direct exam of
affiants subject tot he cross-exam by the adverse party.
Period to Decide the Case
the court has 1 year from the filing of the complaint to try and decide the case.
Plaintiff's reliefs
protection, preservation or rehabilitation of the env't and the payment of atty's
fees, cost of suit and other litigation expenses.
court may also require the violators to submit a program of rehab or
restoration of the env't, costs of which shall be borne by them, or to contribute
to a special trust fund for that purpose.
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
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP)
SPECIAL CIVIL ACTIONS
Writ of Kalikasan
-remedy available to a natural or juridical person, entity authorized by people's
org., go, or any public interest group or accredited by or registered with any
govt agency, on behalf of persons whose consti right to a balanced ecology is
violated. the issuance thereof shall not preclude the filing of separate civil,
criminal or admin actions.
Where to File:
Court of Appeals or Supreme Court
Contents of Petition:
All relevant and material evidence consisting of affidavits of witnesses, doc
evidence, scientific or other expert studies, object evidence (if possible)
Petition sufficient in form and substance:
court issues order issuing the writ and require respondents to file a verified
return within non-extendible period of 10days. If respondent fails to file the
said return, court shall hear the petition ex parte.
Prohibited Pleadings:
Respondent may not file a Motion to Dismiss, Motion for Time, Bill of
Particulars, Counter-claim/cross claim/third party complaint. Petitioner may
not file a reply or motion to declare defendant in default, Neither party may ask
for a postponement.
Reliefs:

 direct respondent to permanently cease and desist from committing acts

or neglecting the performance of a duty in violation of environmental
alws resulting in env'l destruction or damage

 direct the respondent public official, govt agency, private person or entity
to protect, preserve, rehab or restore the env't

 direct the respondent public official, govt agency, private person or entity
to monitor strict complaince with the decision and orders of the court

 direct the respondent public official, govt agency, private person or entity
to make periodic reports on the execution of the final judgment

 such other reliefs which relate to the right of the people to a balanced
and healthful ecology or to the protection, preservation, rehab or
restoration of the envt, except the award of damages to individual
petitioners.

Writ of Continuing Mandamus

  when an agency or instrumentality of the govt or officer of such agency or
instrumentality UNLAWFULLY NEGLECTS TO PERFORM 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 and there is
no other plain, speedy of adequate remedy in the ordinary course of law.

Where to File:
RTC exercising jurisdiction over the territory where the actionable neglect or
omission occurred, or with the CA or the SC. Petitioner exempt from the
payment of docketed fees.
Time to File a Comment:
10 days from receipt of the petition. The court may grant a TEPO to preserve
the rights of the parties while the case is pending.
Reliefs:

 require the respondent to perform an act or series of acts until the

judgment is fully satisfied and to grant such other reliefs as may be
warranted resulting from the wrongful or illegal acts of the respondent

 court shall also require the respondent to submit periodic reports

detailing the progress and execution of the judgment, and the court may,
by itself or thru a commissioner, or the appropriate govt agency, evaluate
and monitor compliance. Petitioner may submit its comment or
observations on the execution of judgment

END
THANK YOU
Appeal:
Within 15days from date of notice of judgment or denial of MR, any party may
appeal to the SC under Rule 45 and may raise questions of fact