A.

SCOPE AND APPLICABILITY OF THE RULE

Scope and applicability of the rule

- Civil, criminal, and special civil action before RTC and
MTCs
- Involving enforcement or violations of
environmental and other related laws rules and
regulations
B. CIVIL PROCEDURE
Courts prohibited from issuing a WPI or TRO against
government agencies enforcing environmental laws
- All courts except SC cannot issue a TRO or WPI against
lawful actions of government agencies enforcing
environmental laws
Remedy against unlawful actions of government agencies in
environment cases
- Apply for a Temporary Environmental Protection Order
(TEPO)
- Lower courts may grant a TEPO from a verified
complaint with a prayer for the issuance of an EPO that
the matter is of extreme urgency and applicant will
suffer grave injustice and irreparable injury
Duty of the court at pre-trial
- Inquire from the parties if they have settled the
dispute at the start of pre-trial conference
- If not, refer the parties and the counsel to the
Philippine Mediation Center (PMC)
- If not available, refer the case to the clerk of court
or legal researcher for mediation
- If mediation fails, the court will schedule the
continuance of pre-trial
Duties of judge during the pre-trial conference
1. Put the parties and their counsels under oath
2. Exert best efforts to persuade the parties to arrive at
a settlement
3. Issue a consent decree approving the agreement
between the parties to protect the right of the
people to a balanced and helpful ecology
Consent decree
- A judicially approved settlement between concerned 10. Observe the Most Important Witness Rule to limit the
parties based on public interest and public policy to
protect and preserve the environment
Duties of the Judge if no settlement at pre-trial
1. Adopt minutes of preliminary conference and confirm
markings of exhibits and admissions on due execution
and genuineness of documents.
2. Determine if there are pending cases arising out of the
same facts
3. Determine if pleadings are in order; if not, order
amendments
4. Determine if interlocutory issues are involved and
resolved the same
5. Consider adding or dropping of parties
6. Scrutinize every single allegation of the quote of the
pleadings and the contents of the documents and the
evidence identified.
7. Obtain admissions based on affidavits of witnesses
8. Simplify and define factual and legal issues; frivolous
issues must be eliminated
9. Determine propriety of summary judgment
number of witnesses
11. Encourage referral of the case to trial by commissioner
or to a mediator or arbitrator under ADR
12. Determine necessity of engaging an expert as amicus
curiae
13. Ask parties to agree on specific trial dates, comply with
One Day Examination Of Witness Rule
Effect if plaintiff fail to appear at pre-trial
- Court shall not dismiss except upon repeated and
unjustified failure to appear in which case, dismissal
shall be without prejudice and court may proceed with
counterclaim
Effect if defendant fails to appear at pre-trial
- Court will receive evidence ex parte
Allowed pleadings or motions
1. Complaint
2. Answer which may include compulsory counter Temporary environmental protection order
claim or cross claim - If matter is of extreme urgency, applicant will suffer
3. Motion for intervention a grave injustice and irreparable injury based on the
4. Motion for discovery verified complaint with prayer of issuance of EPO
5. MR - May be issued ex parte
6. Motion for postponement*
7. MNT* Effectivity of TEPO
8. Petition for relief from judgment* - 72 hours from date of receipt
* allowed only in highly meritorious cases to prevent - During said period, court shall conduct summary
miscarriage of justice hearing to determine need for extension

Prohibited pleadings and motions Posting a bond for issuance of TEPO

1. Motion to dismiss
2. Motion for a bill of particulars
3. Motion for extension of time to file except filing an
answer which may be extended for 15 days
4. Motion to declare defendant in default
5. Reply and rejoinder
6. Third party complaint
- Applicant exempted from posting a bond
Dissolution of TEPO
- If it appears after hearing that issuance or
continuance would cause irreparable damage to
party or person enjoined while applicant may be
fully compensated for damages that he may suffer
 - Motion to dissolve TEPO must be supported by
affidavits of person enjoined which may be opposed
by applicant with affidavits
Citizens suit
- Any Filipino citizen in representation of others
including minors or generations yet unborn may file
an action to enforce rights under environmental
laws
Reliefs that may be granted by the court to the plaintiff in
citizen suit
- Proper reliefs including protection, preservation,
and rehabilitation of the environment
- Payments for attorney’s fees, cost of suit and other
litigation expenses.
- May also require violator to submit to program of
rehabilitation of restoration of environment, the
cost shall be born by the violator or shall contribute
to a special trust fund.
May party recover damages in citizen suit
- No.
Remedy of person who wishes to recover damages
- File a separate action for that purpose
Rules with respect to judgment granting EPO
- Shall be executory pending appeal unless restrained
by appellate court
Stay the execution of judgment
- Appellate court can issue TRO to restrain execution
- Should appellate court act with grave abuse of
discretion in refusing to file a TRO, applicant may file
for a petition for review on certiorari under rule 65
before the SC
Environmental Protection Order (EPO)
- Order issued by the court directing or enjoining any
person or government agency from performing an
 act to protect or preserve or rehabilitate the
environment

Can court convert TEPO to EPO or Writ of Continuing

Mandamus
- Yes
Strategic lawsuit against public participation (SLAPP)
1. Action civil, criminal, or administrative
2. Brought against any person, institution, or Quantum of evidence on the part of opposing parties
government agency, or LGU Quantum of evidence
3. With intent to harass, vex, or exert undue pressure Party seeking dismissal Substantial evidence
or stifle any legal recourse that a person has taken - That the act is for
to enforce environmental laws the environment
and is a legitimate
Alleging SLAPP as a defense in civil case action
- Defendant may file an answer interposing that the Party filing action alleged as Preponderance of evidence
SLAPP - That the action is
case is a SLAPP supported by documents affidavits,
not a SLAPP and is
papers and other evidence and file counterclaim
a valid claim

Alleging SLAPP as a defense in a criminal case

- Accused may file a motion to dismiss on the ground
that the action is a SLAPP
C. SPECIAL PROCEEDINGS

Writ of Kalikasan
- Special remedy against unlawful act or omission of a Requisites for issuance of Writ of Kalikasan
public official or private individual involving 1. Actual or threatened violation of the constitutional
environmental damage of such magnitude as to right to a balanced and healthful ecology
prejudice life, health, or property of inhabitants in 2. Actual or threatened violation arising from unlawful
two or more cities and provinces act or omission
3. Actual or threatened violation that will lead to
Who may avail environmental damage of such magnitude
1. Natural or juridical Facts that must be proved in a Writ of Kalikasan
2. Entity authorized by law 1. Environment law, rule or regulation violated
3. People’s organization 2. Act or omission
4. NGOs 3. Environmental damage of such magnitude
5. Any public interest group
6. Private individual or entity Petition for issuance of Writ of Kalikasan
- Filed with SC or any of the stations of the CA

Payment of docket fees

- Petitioner is exempt
Service of Writ of Kalikasan
- Served upon respondent by court officer or any
officer deputized by the court who shall retain a
copy and make a return of service
- Rule on substituted service shall apply if personal
service is not practicable
Reliefs granted under Writ of Kalikasan
1. Directing respondent to cease and desist from
committing the acts in violation of environmental
laws.
2. Directing respondent to protect preserve or restore
the environment
3. Directing the respondent to monitor strict
compliance with the decision and order of the court
4. Directing the respondent to make periodic reports
on the execution of final judgment
5. Other reliefs relating to the right of the people to a
balance and healthful ecology except awarding
damage to individual petitioner
Appeal to SC in Writ of Kalikasan cases
- Within 15 days from date of notice of judgment or
denial of MR.
- Party may appeal to SC under Rule 45
- Part may raise question of fact
Instituting separate actions during pendency of issuance of
WOK
- Allowed whether civil, criminal, or administrative
Prohibited pleadings or motions
1. MTD
2. Motion for extension on time to file
3. Motion for postponement
4. Motion for bill of particulars
5. Counterclaim or crossclaim
6. Third party complaint
7. Reply
8. Motion to declare the respondent in default
Discovery measures
1. Ocular inspection
2. Production or inspection of documents or things
3. Deposition upon oral or written interrogatories
4. Deposition before action
5. Deposition pending appeal
6. Interrogatories
7. Request for admission
8. Physical and mental examination of persons
Verified motion to avail ocular inspection
- Must show that ocular inspection is necessary to
establish the magnitude of the violation
- Must state in detail the place to be inspected
- Must be supported by affidavits of persons having
personal knowledge of the violation
Verified motion to avail order for production or inspection of
documents or things
- Show that order is necessary to establish magnitude Payment of docket fees
of violation
Continuing mandamus
- Writ issued by court in environmental case directing
any agency to perform an act decreed by final
judgment
Ground for issuance of Writ of Continuing Mandamus
1. Government agency unlawfully neglects
performance of act resulting from office in
connection with enforcement of environmental law
2. Unlawfully exclude another from enjoyment or use
of such right.
3. No PSAR
Court for petition of continuing Mandamus
- RTC exercising jurisdiction over territory where
actionable neglect occurred
- Exempt
Reliefs under Writ of Continuing Mandamus
1. Require respondent to perform acts Writ of Continuing Writ of Kalikasan
2. Such other reliefs as may be warranted Mandamus
3. Require respondent to submit periodic reports As to subject Unlawful neglect in Unlawful act or omission
matter performance of action involving environmental
which the law specifically damage of such
Entering satisfaction of judgment in court dockets enjoins based on office magnitude as to
- Upon full satisfaction of judgment, final return of prejudice life health
Or unlawful exclusion of property in two or more
Writ shall be made to the court by the respondent another from use or provinces or cities
- If court finds judgment fully implemented, enjoyment of such right
satisfaction of judgment shall be entered in court Who may file Person personally Available to broad range
aggrieved of persons including on
docket.
behalf of persons whose
right to balance and
healthful ecology is
violated
Respondent Government agency or May be the government
officer or private individual or
entity
Venue RTC, CA, SC SC, or any station of the
CA
 Discovery No provision for Several discovery  Must be made before prosecution
measures discovery measures measures including
starts presenting evidence
ocular inspection or
production order 3. Institute civil action prior to criminal action
Damages for Allowed for malicious No damages due to
personal neglect of legal duty public interest character
injury of Writ of Kalikasan

D. CRIMINAL PROCEDURE

Special prosecutor
- A counsel whose services are offered may be
Warrantless arrest in environmental cases
allowed by the court as special prosecutor with the
- Peace officer or individual deputized may arrest a
consent of and subject to the control and
person without warrant when:
supervision of the public prosecutor when there is
1. In his presence, person arrested has
no private offended party
committed, is actually committing, or is
attempting to commit an offense (in
Effect of institution of criminal action on the civil action for
flagrante delicto)
the recovery of civil liability
2. Offense has just been committed and he has
- GR: civil action deemed instituted with the criminal
probable cause based on personal
action unless
knowledge that person has to be arrested
1. Complainant waives civil action
has committed it.
2. Reserves right to institute it separately
Duties of the court before granting the application for bail
- Read the information in a language known and
understood by the accused and require the accused Duties of the court during pre-trial
to sign the undertaking which will include:
1. Appearing before the court for arraignment
on date scheduled; failure to appear without
justification would mean that accused
waives the reading of the information and
authorizes the court to enter a plea of not
guilty on his behalf and set the case for trial
2. Appear before the court whenever required
3. Appear during trial and upon failure without
justification, trial may proceed in absentia
1. Place parties and counsels under oath.
2. Adopt minutes of preliminary confidence, confirm
markings of exhibits, and admissions on genuineness
and due execution of documents.
3. Scrutinize the information and affidavits and other
documents forming part of the record of the
preliminary investigation and determine further
admission of facts as to:
a. Court’s territorial jurisdiction
b. Qualification of expert witnesses
c. Amount of damages
4. Define factual and legal issues
5. Ask parties to agree on specific trial dates
6. Require parties to submit to the branch clerk of
court names, addresses, and contact numbers of
witnesses to be summoned by subpoena
7. Consider modification of order of trial
Enforcement of subsidiary liability 1. Person who took the same
- By motion of the person, enforce such subsidiary 2. Person present when evidence was taken
liability 3. Any other person qualified to testify to the
accuracy thereof
E. EVIDENCE

Precautionary principle
- When human activities may lead to threats to
serious and irreversible damage to the environment
that is scientifically plausible but uncertain, actions
should be taken to avoid or diminish that threat

Standards in applying precautionary principles

1. Threats to human life, or health
2. In equity to present or future generations
3. Prejudice to the environment

Authentication of photographs and videos

- Photographs and videos of transactions of wildlife,
by-products or derivatives, forest products, mineral
resources shall be admissible when authenticated by