(AUDIO 1)

00:00:00

To the following, it will direct the respondent to permanently cease and desist from
committing acts or neglecting the performance of a duty, violation of environmental laws
resulting in environmental structure or damage.

So, it can be directed against a private or public person but in the case of a public
person, they are duty-bound to enforce environmental laws, right? So, an order may be
issued directing them to enforce said rules and regulations. So, it means that judgment
may also include directing the respondent public official, government agency, or even a
private person or entity, to protect, preserve, and rehabilitate or restore the environment.

It may also direct said persons to monitor strict compliance with the decisions and orders
of the court.

Judgment (Section 15)

Within sixty (60) days from the time the petition is submitted for decision, the
court shall render judgment granting or denying the privilege of the Writ of kalikasan.

The reliefs that may be granted under the writ are the following:

(a) Directing respondent to permanently cease and desist from committing acts or
neglecting the performance of duty in violation of environmental laws resulting in
environmental destruction or damage;
(b) Directing the respondent public official, government agency, private person, or entity
to protect, preserve, rehabilitate or restore the environment;
(c) Directing the respondent public official, government agency, private person, or entity
to monitor strict compliance with the decision and orders of the court;
(d) Directing the respondent public official, government agency, or private person or
entity to make periodic reports on the execution of the final judgment; and
(e) Such other reliefs which relate to the right of the people to a balanced and healthful
ecology or to the protection, preservation, rehabilitation, or, restoration of the
environment, except the award of damages to individual petitioners.

Also, direct the persons or the respondents to issue automated periodic reports of the
execution of the final judgment. Then such other reliefs which relate to the right of the
 people to a balanced and healthful ecology or to the protection, preservation,
rehabilitation, or restoration of the environment, except for the award of damages to the
individual petitioners.

(b) Production or inspection of documents or things; order – The motion must show that
a production order is necessary to establish the magnitude of the violation or the threat
as to prejudice the life, health, or property of inhabitants in two or more cities or
provinces.

After hearing, the court may order any person in possession, custody, or control
of any designated documents, papers, books, accounts, letters, photographs, objects or
tangible things, or objects in digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce and permit their inspection,
copying or photographing by or on behalf of the movant.

00:01:59

In the said petition, the petitioner may also file a motion for the production and the
inspection of documents or things. The court may issue an order directing for the
production of documents necessary to establish the magnitude as to prejudice the life,
health, or property of inhabitants in two or more cities or provinces. After hearing, the
court may order any person in possession, custody, or control of any designated
documents, papers, books, letters, and so on so forth. We shall constitute about the
evidence relevant to the petition or the return to produce and permit their inspection,
copying, or photographing by or on behalf of the movant. In other words, the court has
the authority to order the production of any document to help resolve the issues involving
the petition.

The order shall specify the person or persons authorized to make the production on the
date, right place, and manner of meeting. The inspection or production are made to
prescribe other conditions to protect the constitutional rights of all parties. So, the
constitutional rights contemplated here is the right to privacy. Anyone who refuses to
comply or unduly delays the compliance of the order of the court, or anyone who
disobeys or resists a lawful process will be liable for indirect contempt.

(Contempt Sec.13)
 The court may after hearing punish the respondent who refuses or unduly delays
the filing of a return, or who makes a false return, or any person who disobeys a lawful
process or order of the court for indirect contempt.
Submission of Case for Decisions; Filing of Memoranda
After hearing, the court shall issue an order submitting the case for decision. The
court may require the filing of memoranda within the non-extendible period of 30 days
from the date the petition is submitted for decision. (Sec.14)
Note: The court, in its discretion, may require the filing of memoranda in electronic form
if possible.
00:04:47

Section 14 says that after hearing the court shall issue an order submitting the case for
decision. The court may require the filing of memoranda within the non-extendable
period of 30 days from the date the petition was submitted for decision.

A person who avails of the Writ of Kalikasan may also file a separate suit for the
recovery of damages for injuries suffered. He may file a separate suit for the damages
that he just incurred. The reliefs that may be granted under the writ are broad,
comprehensive, and non-exclusive. The reliefs regarding the monitoring and periodic
reports ensure enforcement of the judgment of the court. In order to have more meaning
to the issuance of the writ, that’s why the rules allow for the court to issue an order
directing the respondent to submit periodic reports, in order to ensure that the judgment
of the court is forced.

Availability of Other Remedies

A person who avails of the Writ of Kalikasan may also file a separate suit for the
recovery of damages for injury suffered. (SC Annotations, supra at 139)
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.

Appeal....any agreed party of the judgment of the court may appeal within 15 days from
notice of the said judgment, appeal to the Supreme Court under Rule 45 of the Rules of
Court. As an exception to the general rule that only questions of law may be raised, or
appealed under Rule 45, the appeal may raise and may include questions of fact.
 Section 16. Appeal. 

Within fifteen (15) days from the date of notice of the adverse judgment or denial
of motion for reconsideration, any party may appeal to the Supreme Court under Rule 45
of the Rules of Court. The appeal may raise questions of fact.

00:06:08

Section 17 says that filing of a petition for the issuance of the writ of kalikasan shall not
preclude the filing of separate civil, criminal, or administrative actions. Civil, criminal, and
administrative actions are allowed to proceed separately from the petition for the
issuance of a writ since they are different actions with different objectives. Take note that
the petition is only ---- of the Court of Appeals. If you decide to file an original action,
civil, criminal, or administrative, it should be filed with the court jurisdiction or the proper
administrative body in case of an administrative motion. That’s why the rule says to allow
the institution separate action, especially that before under this jurisdictions.

Section 17. Institution of separate actions.

The filing of a petition for the issuance of the Writ of kalikasan shall not preclude
the filing of separate civil, criminal, or administrative actions.

Civil, criminal, or administrative actions are allowed to proceed separately from

the petition for the issuance of writ since they are different actions with different
objectives.

00:07:20

So, we’re done with the Writ of Kalikasan and we have time to go to the next module.
First in cover, Rule 91 Escheat. What is Escheat? Escheat is the proceeding whereby
the real and personal property of a deceased person in the Philippines, who died without
leaving any will or legal heirs, becomes the property of the State upon his death.

So, this is a proceeding whereby the state asserts ownership over properties with no
note ---. A property left by a person who died, is by the law of succession can be
transmitted to his heirs, right? But since he has no heirs, so no one or if there are no
known heirs of the decedent, then the property will be given to the state. It is now the
state asserting its right over the subject tackled. Of course, if he left a will then it will be
left to the beneficiary of the will, either as legatee or devisee.
 Parties in the Escheat Proceeding

An escheat proceeding is initiated by the government or the Solicitor General, all

interested parties, especially the actual occupants and adjacent lot owners shall be
personally notified of the proceeding and given an opportunity to present their valid
claims; otherwise, it will be reverted to the State.

So, the nature that we sum for the proceeding is for interested parties to challenge the
claim of the state over the property. So, if they can present claim over the property, then
the state will be deprived of ownership over this matter. So, what type of properties are
we talking about? Either personal or real property. So, any property owned by the
decedent was left with no will and no heirs, his property will be escheated in favor of the
law. When the person dies intestate, escheat proceedings may be filed by service
provided in the Rule 91, Section 1.

When to File (Section 1)

An escheat proceeding may be filed when a person dies intestate, seized of real
property in the Philippines, leaving no heir or person by law entitled to the same.

00:10:47

It shall be initiated by the government to the office of the Solicitor General. I remember
when I had an opportunity to work for a bank. Every year we are required to submit lists
of accounts that are declared dormant. If these dormant accounts have no claim within a
given period because this will be published by the office of the Solicitor General but it
may be covered in the escheat proceedings that may be filed in the name of the
Republic of the Philippines. Every year, the amount of money is printed by the state by
the millions. In one bank alone, just imagine several banks having dormant accounts.
This involved savings deposited by a person who perhaps no longer advice his relatives
or his heirs of the existence of such accounts. By the time of death, these persons will
be not aware of these savings accounts. So that’s why it’s important to always share
your account details.

Alright, moving on. Requisites for filing a petition, the person should die intestate. This
means, he has left no will, such person left properties in the Philippines and such person
left no heirs entitled to the same,

Requisites for Filing a Petition

1. A person died intestate;

2. Such person left properties in the Philippines; and
3. Such person left no heirs or persons entitled to the same,
 Next, where will you file the petition? Always through the RTC of the place where the
deceased was the resident or which he estate if he was nonresident. It should be the
place of the residence at the time of death. Regional Trial Court of the place. Notice and
publication should be conducted.

Where to File Petition (Section 1)

Regional Trial court of the place where deceased was a resident, or in which he
had estate if he was nonresident.

00:10:47

Remedy of respondent Against Petition: Period for Filing a Claim

REMEDY:

Motion to dismiss for failure to state a cause of action where petition for escheat
does not state facts which petitioner to the remedy prayed for (Go Poco Grocery v.
Pacific Biscuit Co., 65 Phil. 443; Republic v. PNB, G.R. No. L-16016, 30 December 30);
or other grounds for dismissal under the rules ( Municipal Council of San Pedro, Laguna
v. Colgio de San Jose 65 Phil. 318)

Still subject to the ordinary rules to motions to dismiss.

WHEN AND BY WHOM CLAIM TO ESTATE MUST BE FILED (SECTION 4)

If a devisee, legatee, heir, widow, widower, or other person entitled to such

estate appears and files a claim hereto with the court within five (5) years from the date
of such judgment, such person shall have possession of and title to the same, or if sold,
the municipality or city shall be accountable to him for the care of the estate; but a claim
not made within the said time shall be forever barred.

Take note that the municipality or city should be held accountable for him because the
real property will be given to the city of the municipality to the real property he is
situated. Section 4 makes them liable to the person claiming as a legatee or heir of the
decedent.

(AUDIO 2)

Speaker 1 00:00:00

For tonight, we are going to pick up another special writ. Technically, it is not part of the
rules of the special proceeding. However, it is also important to take up, especially since
it has been considered very relevant nowadays. How does this Writ of Kalikasan all
about their administrative matter no.09-6-8-SC? Which took effect on April 29, 2010.

WRIT OF KALIKASAN (Sec. 1, Rule 7)

 The writ is a remedy available to a 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
constitutional right to a balanced and healthful ecology is violated, or threatened with
violation by an unlawful act or omission 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 two or more cities or provinces.

00:01:46

Let me just highlight the term unlawful act or omission, meaning to say there must be a law
punishing such acts. So, the most relevant is…what kind of law are we talking about? A law
that is classified as environmental law. So, this is a condition before this writ may be issued.
There must be an actual or threatened act upon performance or a threat of a violation by an
unlawful act. In one case in Segovia versus Climate Change Commission, the court did not
issue a threat as the petitioners were unable to show the non-implementation of the so-
called Road Sharing Principle. This was just an idea conceived by the Philippine Task Force
on Climate Change. Wherein in order to discourage the use of reduction of consumption of
fossil fuels. There was a scheme conceived during the administration of President Arroyo for
people to somehow adapt a system to favor a transportation system that does not heavily
rely on the consumption of fossil fuels. Thereby encouraging alternative modes of
transportation system that does not use fossil fuels. However, it did not translate into
legislation wherein non-implementation somehow violated law. However, the concept was
keeping with the trust of the administration to prevent environmental damage. The supreme
court said it was not shown that there was a law that was violated. So, the court chose not to
issue the said writ. So, there is a condition for the writ to be properly issued, that there must
be acts violating or threatened with the violation by unlawful act either by public official or
employee or a private individual or entity.

00:05:26

Another condition, it must involve environmental damage of such magnitude, of such scale,
as to prejudice in life, health, or property of the inhabitants in two or more cities or provinces.
So, this one is extraordinary writ. In fact, you can only file this either with the Supreme Court
or the Court of Appeals. In other words, the regular trial courts do not have jurisdiction
because of the importance of that writ. It goes without saying that it has to also comply with
bearing essential conditions involving environmental damage from such magnitude. I
remember this one case, there was this ext--- case file report then incidentally the land…the
 particular portion of the property that was directly hit by the expropriation proceedings were
being used as sort of a… it’s a private property of course, but it was being used as an eco-
park, involving a huge portion wherein according to the landowner, is being used as a habitat
for several different types of animals including birds.

00:07:25

So, when the expropriation case was filed, they resisted because the intended use of that
property was for a transmission line for the National Grid Corporation of the Philippines
(NGCP) for power transmissions. So, structures will be used or will be constructed over said
property. They filed a petition for a Writ of Kalikasan before the Court of Appeals for issuing a
copy of that petition in court, asking the court to suspend the expropriation proceedings
pending resolution of the petition for the issuance of a Writ of Kalikasan. Among others, the
petitioner, the landowner claims that there is an imperative for the Court of Appeals to issue
that writ because it will deprive them of a balanced and healthful ecology as guaranteed in
the constitution, oversighting constitutional provisions. But the property, the alleged,
environmental damage…. the planned construction of the property did not pose any threat to
the inhabitants in two or more cities or provinces. That’s why the Court of Appeals, I read the
resolution of Court of Appeals because a piece was served in my court so I also read the
ruling of the Court of Appeals, denied the petition because of the non-existence of the
condition of the alleged threat of building structures of transmission lines is not of such
magnitude to as to prejudice inhabitants in two or more cities. So, in this form, the Court of
Appeals denied the petition. Take note also that the basis for the petitioner in the petition fot
the Writ of Kalikasan is non-compliance of environmental compliance certificate or ECC. But
more importantly, the Court of Appeals denies it because of the absence of this condition.

00:11:12

Nature of the Writ

(a) Available to
i. Juridical person
ii. Entity authorized by law, people’s organizations;
iii. Natural
iv. Non-governmental organization; or
v. Any public interested group accredited by or registered with any government
agency on behalf of persons.
 (b) Whose constitutional right to a balanced and healthful ecology is violated, or threatened
with violation; and
(c) By an unlawful act or omission 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 two or more cities or provinces.

00:11:32

So, a public interest group may file the name of or on behalf of the said persons.
Remember the lease of proposal versus –toral the basis of the…because the issue there
is whether they are the real party interest, the basis for filing this in the name of future
generations. Because the petitioners have an intergenerational responsibility to preserve
the environment for future generations. So, the real parting interest is the future
generations. It is for Supreme Court in allowing the real parting interest given to those
that are not yet born. That was quite bold for the Supreme Court to make such a
declaration it was factorial in the case of proposal versus…. So, it may also be filed on
behalf of virtual---- postoperative groups for the public interest. So even if they are not an
actual inhabitant of that city as long as the public interest group represents the interests
of those inhabitants.

00:13:09

This is about that right of the constitutional to a balanced or healthful ecology that is
being violated or threatened with a violation. Always remember that there must be an act
in violation of a law or more specifically an environmental law. So, what are the most
common violations? Violation of the total lack bond or binding act. These are heavily
regulated industries because it touches on threats on our environment. So, there are
several laws that are being in place and are also enforced. Now, if that path, poses a
threat to a healthful and balanced ecology. How will you be able to prove that? You must
also present an expert index or expert data, they should always present documents that
would show beyond your allegations. So, that’s why it must show suspicion and
empirical data that there is really a threat, not just mere allegations. And that act may
resort to environmental damage of such magnitude or such scale as to prejudice the life,
health, or property of inhabitants in two or more cities or provinces.

00:15:21
 Are you familiar with the term Environmental Compliance Certificate? So, any business
establishment before operating their businesses must secure Environmental Compliance
Certificate from DENR in such a way that their operation will not pose a threat to the
environment such as waste management or preservation of the air quality of the joining
properties or community. They should be able to show that the operations of the
business will not pose threat to the environment.

Now, would the non-compliance of the ECC be a basis for the issuance of Writ of
Kalikasan? The rules would seem to show that it does not follow because you have to
prove that failure to comply with the ECC which is a violation of the environmental law
would pose a threat to the life, health, or property of inhabitants of two or more cities or
provinces. So, you must satisfy that with money. For the automatic, if you fail to comply
with the ECC it could be the basis of the issuance of the Writ of Kalikasan. You have to
show along with the non-compliance with the ECC, that if you will not put a stop to this
unlawful act, it will prejudice the environment of two or more cities.

00:17:24

Next, of course, the petitioner has the burden to show the following

Burden of Proof

Petitioner has the burden to prove the:

1. Environmental law, rule or regulation violated or threatened to be violated;

2. Act or omission complained of;
3. Environmental damage of such magnitude as to prejudice the life, health, or property
of inhabitants in two o more provinces. (LNL Archipelago Minerals, Inc. vs Agham
Partylist, G.R. No. 209165, April 12, 2016)

There must be a violation of environmental law or any rule or regulation which is actually
violated or there’s a threat. When you say threat, there is an ongoing construction of
structure somehow can be by violation of environmental law. And then they have also
could allege a specific act or omission complained of. And then lastly, environmental
damage of such magnitude as to prejudice the life and property of the inhabitant in two
or more cities or provinces.

00:18:12
Okay, let’s go to Section 2. So, of course, this one is self-explanatory.

Content of the Petition (Sec. 2, Rule 7)

A Verified Petition must contain the:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent or if the name and
personal circumstances are unknown and uncertain, the respondent may be
described by an assumed appellation.
(c) The environmental law, rule or regulation violated or threatened to be violated, the
act or omission complained of, and the environmental damage of such magnitude as
to prejudice the life, health, or property of inhabitants in two or more cities or
provinces.
(d) All relevant and material evidence consisting of the affidavits of witnesses,
documentary evidence, scientific or other expert studies, and if possible, objective
evidence;
(e) The certification of the petitioner under oath that:
(1) Petitioner has not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency, and no such other action or
claim is pending therein;
(2) If there is such other pending action or claim, a complete statement of its present
status;
(3) If petitioner should learn that the same or similar action has been filed or is
pending, petitioner shall report to the court that fact within five (5) days therefrom;
and
(f) The reliefs prayed for which include a prayer for the issuance of a TEPO.

No personal circumstances of the petitioner to show the legal personality. Second, the
name and circumstances of the respondent for purposes of filing jurisdiction over the
persons and then environmental law that was violated, which was a requirement. And
then you must already attach all your material evidence, the one I mentioned earlier,
expert testimonies or expert studies then if possible, object evidence. So, you put all
your cards to the people because you’re asking for extraordinary writ topped on the
issue. When there is a Writ of Kalikasan issued, the company’s relief is to issue an
environmental protection order. So, there is a cease and desist order for that particular
 institution or entity to stop their operation. And then certificate that there are no other
pending action holdings---. There’s no forum shopping involved. As provided the under
the delay certification, when to file? As I have said earlier, it should be filed only with the
Supreme Court or any stations of the Court of Appeals.

Where to File (Sec.3)

1. Supreme Court
2. Any stations of the Court of Appeals

Docket Fees (Sec.5)

No payment of docket fees. This is consistent with the character of the reliefs
available under the writ, which excludes damages for personal injuries. This exemption
also encourages the public participation in availing of the remedy.

00:20:10

As of now, there are only three stations for the Court of Appeals, one in Manila, another
in Cebu, and the third one in Cagayan De Oro. So, you have the option to choose which
station you’ll find. So, for your convenience, if you are situated in the Visayas Area to be
filed to the Court of Appeals ---.

Because of the importance of the matters involved and there are no required docket
fees. It encourages public participation in the availing matter of writ, they should not be
determined or being ---, and finances should not be prohibited. That’s why the docket fee
is not---. From the filing of the petition within three days, the court shall issue an order or
give an order for the issuances of the writ. If a Writ of Kalikasan is issued, automatic sad
na sya because it’s Temporary Environment Protection Order.

Issuance of the Writ (Sec.5)

Within 3 days from the date of filing the petition, if the petition is sufficient in form
and substance, the court shall give an order:

1. Issuing the Writ

2. Requiring the respondent to file a verified return

Service of the Writ (Sec.6)

 1. Personal Service
2. Substituted service, if personal service cannot be made

Along with the issuance writ, the order may also include for the respondent to find a
verified return similar to the habeas corpus, amparo, and habeas data. Service of the
writ may either be personal or substituted. Section 8 provides that the respondent has
done no extendable period of ten (10) days after service of the writ.

Return of the Respondent, Contents (Se.8)

 Period to file: Non-extendible period of 10 days after service of writ.

 Form: Verified Return which contains:
1. All defenses showing that respondent did not violate or threaten to violate, or
allow the violation of any environmental law, rule or regulation or commit any
act resulting to environmental damage of such magnitude as to prejudice the
life, health, or property of inhabitants in two or more cities or provinces.
2. Affidavits of witnesses,
3. Documentary evidences.

00:22:26

What happens if the respondent fails to file the return within the given period? The court
may proceed with the conduct of the hearing. What must be included if the respondent
files the return? Of course, it must be read the return, and then it must state all of these
defenses showing that they did not try to violate or threaten to violate or allow the
violation of the environmental law or regulation or commit an act resulting in
environmental damage in such magnitude as to prejudice the life, health or property of
two or more cities or provinces.

Affidavits of witnesses, documentary evidence, and either scientific or expert studies to

refute or rebut the allegations made by the petitioner. So, you will rebut contrary to what
the petitioner said, that is not true, we have sufficient data or studies to show that there
is no threat to the environment. If possible objective evidence to support the defense of
the respondent and in fact, a general denial of allegations in the petition shall be
considered as an admission. So, the same rules apply to ordinary civil action with
respect to general denial. So, if the denial if general then it is an admission. So, all
defenses not raised in the return shall be deemed waived. See principle for the omnibus
 option rule. You must cite all your defenses in your return, the earliest opportunity which
is the not filing the return----. If you respondent fails to file a return the court shall
proceed to hear the petition.

 All defenses not raised in the return shall be deemed waived.

 A general denial of allegations in the petition shall be considered as an
admission thereof.
 In case the respondent fails to file a return, the court shall proceed to hear the
petition ex parte.(Sec.10)

NOTE: Issuance of a Writ of Kalikasan and service upon respondent requires the
latter to file a verified return but does not ipso facto enjoin or restrain the respondent
unless a TEPO was issued.

As I’ve said earlier, issuance of a Writ of Kalikasan on proper showing that there’s
needing plea for a cease and desist order or for the injunction of an act that would pose
an immediate threat that a TEPO may be issued. After hearing, that temporary
environmental protection order becomes --- after hearing of the petition. This is the same
principle of the other special writs, in order to discourage deeming dilatory tactics and
motions mentioned in Section 9 prohibited.

Prohibited Pleadings and Motions (Sec.9)

(a) Motion to dismiss;

(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default

00:26:29

Motion for intervention is excluded from the liberation. This is not considered a prohibited
pleading because the rules in fact encourage the public participation aspects since all of
those parties affected may join in the proceedings. So, in order to encourage others to
join in the proceedings, then motion for intervention is needed. So, any party who is
 affected, or any stakeholder is encouraged to join in the proceedings. The conduct of the
hearing should not last beyond the 60-day period which includes a preliminary
conference. And the court should give priority to petitions for writs of habeas corpus,
amparo, and habeas data.

Motion for Intervention; Excluded

A motion for intervention is excluded from the enumeration. Allowing this motion
is a reaffirmation of the public participation aspect in the Writ of Kalikasan since there
may be large, qualified pool of possible representatives interested in availing the
remedy.

Hearing (Sec. 11)

The hearing including the preliminary conference shall not be extended beyond
sixty (60) days and shall be given the same priority as petitions for the writs of habeas
corpus, amparo and habeas data.

00:27:51

The environmental damage subject of the writ invokes issues that are of complex
character for the reason, the hearing is not summary. The abbreviated time frame
required, however, insures that the proceedings are expedited.

Okay, in the case of ---, what’s said, the proper procedure to question the defect n the
ECC, Environmental Compliance Certificate--- are appealed process in our quasi-judicial
agency having jurisdiction over issues involving the environmental rules and regulations.
So, reports may be made to the courts in accordance to the doctrine of exhaustion of
administrative remedies.

Defect in Environmental Compliance (ECC)

The proper procedure to question a defect in an ECC is to follow the DENR

appeal process. Recourse may be made to the courts in accordance with the doctrine of
exhaustion of administrative remedies.

However, in exceptional cases, aw Writ of Kalikasan may be availed of to

challenge defects in the ECC provided that
 (1) The defects are causally linked or reasonably connected to an environmental
damage of the nature and magnitude contemplated under the Rules of Writ of
Kalikasan.
(2) The case does not violate, or falls under an exception to, the doctrine of exhaustion
of administrative remedies and/or primary jurisdiction. (Paje vs. Casino, G.R. No.
207257, February 3,2015)

So, you must exhaust all remedies first with the ECC because if you fail to do so, you’re
in violation, of the doctrine of exhaustion of administrative remedies. Remember, if you
fail to exhaust administrative remedies, it may be subject to dismissal and can be cited
as one of our actual---- defenses, the failure to comply with the condition precedent.
Remember, you must exhaust all your remedies. However, in exceptional cases, the
Writ of Kalikasan may be unable to challenge the effects in the case they provided that
the conditions must be present in Section 1. The effects are causally linked or
reasonably connected to environmental damage of the nature and magnitude
contemplated under the rules of the Writ of Kalikasan. So, those that pose threat to the
life of the environment of two or more cities or provinces.

00:30:31

The case does not violate or pose under an exception to the doctrine of exhaustion of
administrative remedies that would primary jurisdiction. So, take notes of no.1. They’re
defect in the issuance of the ECC or there a violation of the environmental rule or
regulation. The rules always require that it must comply in that condition. It must be of
that magnitude as contemplated under the rules otherwise the effect of ECC will not be a
valid basis for the issuance of the Writ of Kalikasan.

What is the effect of the judgment within 60 days from the time the petitioners file, the
court shall render judgment granting or denying the privilege of the Writ of Kalikasan.
The writs may include the following: It will direct respondent---