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Alternative Dispute Resolution (ADR) any process or procedure used to resolve a dispute or controversy with means other than

n by the adjudication of a presiding judge or an officer of a government agency and in which a neutral third party assists in the resolution of issues. Appellate Court Mediation (ACM) refers to Court-Annexed Mediation in the Court of Appeals.

B
Burden of Proof the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law.

C
Court-Annexed Arbitration (CAA) conducted with the assistance of the court in which one or more arbitrators appointed in accordance with the Arbitration Clause and as agreed upon by the parties, resolve a dispute by rendering an award. Certificate of Non-Coverage (CNC) a certification issued by the Environmental Management Bureau (EMB) that, based on the submitted project description, the project is not covered by the Environmental Impact Statement (EIS) System and is not required to secure an Environmental Compliance Certificate (ECC). Circumstantial Evidence evidence which indirectly proves a fact in issue; also referred to as indirect evidence. Citizen Suit an action filed by any Filipino citizen in representation of others, including minors or generations yet unborn, to enforce rights or obligations under environmental laws. Co-located Projects/Undertakings projects or series of similar projects or a project subdivided to several phrases and/or stages by the same Proponent, located in contiguous areas. Court-Annexed Mediation (CAM) an enhanced pre-trial procedure that involves settling cases with the assistance of a mediator who is an authorized officer of the court who helps the parties identify the issues and develop a proposal to resolve disputes.

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D
Direct Evidence evidence which proves a fact or issue directly without any reasoning or inference being drawn on the part of the fact-finder, as distinguished from circumstantial evidence. Documentary Evidence evidence that may consist of writings or any material containing letters, words, numbers, figures, symbols, or other modes of written expressions offered as proof of their contents.

E
Environmental Compliance Certificate (ECC) a certificate of Environmental Compliance Commitment to which the Proponent conforms to, after the DENR-EMB explains the ECC conditions, by signing the sworn undertaking of full responsibility over implementation of specified measures which are necessary

to comply with existing environmental regulations or to operate within best environmental practices that are not covered by existing laws. Environmentally Critical Area (ECA) an environmentally sensitive area declared through Proclamation No. 2146 wherein significant environmental impacts are expected if certain types/thresholds of proposed projects are located, developed or implemented in. Environmentally Critical Project (ECP) projects belonging to project types declared through Proclamation No. 2146 and Proclamation No. 8033 which may pose significant negative environmental impact at certain thresholds of operation regardless of location. Environmental Impact Assessment (EIA) a process that involves evaluating and predicting the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment. Environmental Impact Assessment Review Committee (EIARC) a body of independent technical experts and professionals of known probity from various fields organized by the EMB to evaluate the EIS and other related documents and to make appropriate recommendations regarding the issuance or nonissuance of an ECC. Environmental Impact Statement (EIS) a document prepared and submitted by the project Proponent and/or EIA Consultant that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project on the environment. Environmental Performance Report and Management Plan (EPRMP) a documentation of the actual cumulative but environmental impacts and effectiveness of current measures for single projects that are already operating but without ECCs. Environmental Protection Order (EPO) an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment. Evidence - the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

276 ANNEX C: GLOSSARY

I
Initial Environmental Examination Checklist Report a simplified version of an [IEER], prescribed by the DENR, to be filled up by a Proponent to identify and assess a projects environmental impacts and the mitigation/enhancement measures to address such impacts. Initial Environmental Examination Report (IEER) a document similar to an EIS, but with reduced details and depth of assessment and discussion. Inquest Investigation an inquiry conducted by a prosecutor to determine the validity of a persons

arrest when there is no arrest order or warrant, or if the person was caught in the act of committing a crime. Intergenerational Equity each generations responsibility to leave an inheritance of wealth no less than what they themselves have inherited.

J
Judicial Dispute Resolution (JDR) a mechanism whereby a JDR judge, acting as conciliator, neutral evaluator, and mediator, or a combination of the three, attempts to convince the parties to settle their case amicably.

M
Mobile Court-Annexed Mediation (MCAM) a form of Court-Annexed Mediation whereby mediation proceedings are conducted in a mobile court deployed in an area for a certain period.

O
Object Evidence the thing or fact or material or corporate object or human body or parts thereof, which can be viewed or inspected by the court and which a party may present in evidence; also referred to as Real Evidence.

P
Precautionary Principle principle which states that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. Preliminary Injunction an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. It may also require the performance of a particular act or acts, in which case it shall be known as a preliminary mandatory injunction.

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Preliminary Investigation - an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty and should be held for trial. Principle of Prevention a principle that aims to stop environmental damage even before it occurs or when its critical and potential damage may already be irreversible. Probable Cause a cause based on the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on such facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. Programmatic Environmental Impact Statement a documentation of comprehensive studies on environmental baseline conditions of a contiguous area. It also includes an assessment of the carrying

capacity of the area to absorb impacts from co-located projects such as those in industrial estates or economic zones (ecozones). Programmatic Environmental Performance Report and Management Plan (PEPRMP) a documentation of actual cumulative environmental impacts of co-located projects with proposals for expansion. Proponent any natural or juridical person intending to implement a project or undertaking.

S
Strategic Lawsuit Against Public Participation (SLAPP) refers to any action whether civil, criminal or administrative, brought against any person, institution or any government agency or local government unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or government agency has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights.

T
Temporary Environmental Protection Order (TEPO) a remedy available for both civil and criminal environmental cases. It may also be availed of under the Writ of Kalikasan and the Writ of Continuing Mandamus, as a relief or as a means of expediting the proceedings and preserving the rights of the parties. Testimonial Evidence evidence whereby a witness testifies in court; also referred to as Oral Evidence.

W
Writ of Continuing Mandamus a writ issued by a court in an environmental case directing any agency or instrumentality of the government, or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. Writ of Kalikasan a remedy which enforces the right to information by compelling the government or a private entity to produce such information regarding the environment that is within their custody.