OTHER SPECIAL CIVIL ACTIONS
As capsulized by A. Dean Oscar Bernardo
Writ of KALIKASAN
1. Is a remedy against violation or
threatened violation of
environmental law, rule,
regulation, or right involving
environmental damage of such
magnitude as to prejudice the life,
health or property of the
inhabitants in 2 or more cities or
provinces
2. Purpose is to protect the
constitutional right of the people to
a balanced and healthful ecology
3. Petition for issuance of Writ of
Kalikasan shall be filed either with
CA or SC
4. A verified Return (equivalent to
Answer to the Petition) shall be
filed by respondent within 10 days
from receipt of copy of Writ of
Kalikasan
5. Judgment either granting or
denying the PRIVILEGE of the
Writ of Kalikasan shall 9be
rendered within 60 days from date
of submission of the Petition for
decision
6. Appeal from the judgment may be
taken within 15 days from receipt
of the judgment by filing PROC
under Rule 45 with the SC raising
questions of law and questions of
fact
(Section 16, Rule 7, ROC-EC)
Writ of CONTINUING MANDAMUS
1. Is a remedy against unlawful
neglect of performance of
ministerial duty enjoined by law in
connection with the enforcement
or violation of environmental law,
rule, regulation, or right OR
unlawful exclusion of petitioner
from the use or enjoyment of
environmental right and there is
no other plain, speedy, and
adequate remedy in the ordinary
course of law
2. Purpose is to command
respondent to do a ministerial act
or series of acts until the judgment
is fully satisfied, to pay damages
sustained by petitioner and to
submit periodic compliance
reports until the judgment is fully
satisfied for the protection,
preservation, rehabilitation or
restoration of the environment
3. Petition for issuance Writ of
Continuing Mandamus shall be
filed either with RTC, CA, or SC
4. A Comment on the Petition shall
be filed by respondent within 10
days from receipt of copy of Writ
of Continuing Mandamus
5. Judgment either granting or
denying the PRIVILEGE of the
Writ of Continuing Mandamus
shall be rendered within 60 days
from date of submission of the
Petition for decision
6. Appeal from the judgment may be
taken within 15 days from receipt
of the judgment by filing PROC
under Rule 45 with the SC raising
questions of law and questions of
fact
(By analogy with Section 16, Rule
7 and pursuant to Section 2, Rule
5, of ROP-EC)
 OTHER SPECIAL CIVIL ACTIONS
As capsulized by A. Dean Oscar Bernardo