RULES OF PROCEDURE FOR

ENVIRONMENTAL CASES

The rules took effect on April 29, 2010

Objectives:
1. protect/advance the constitutional
right to balanced/healthful ecology
 2. to provide simplified, speedy and
inexpensive procedure for the
enforcement of environmental rights and
duties recognized under the constitution,
laws, rules/regulations and international
agreements

3. introduce/adopt innovations and best

practices to ensure effective enforcement
of remedies and redress for violation of
environmental laws
 3. to enable courts to monitor and
exact compliance with orders and
judgments in environmental cases

Salient Features of the Rules

1. Threshold on locus standi was
liberalized. Citizen suits are
encouraged but with safeguards against
nuisance suits (SLAPP)
2. Environmental disputes are subject to
 mediation
3. to minimize delays and ensure
effective/judicious disposition of
environmental cases thru continuous trial,
delay prone pleadings, issuance of TROs
vs govt action to enforce environ laws or
prevent violations, referral of scientific
and technical issues to a panel of experts
and proscribing stay of judgments by
appeal
 4. writ of kalikasan – court may direct
respondent to immediately desist from the
actions complained of and to take positive
steps to preserve, rehabilitate, or restore
the environment to avert violation or
threatened violation which will result in
destruction or damage of such magnitude
as to impair and deprive the right of people
to a balanced and healthful ecology
 5. discovery measures (inspection
order/production order and memoranda in
the form of draft decision.
6. writ of continuing mandamus is also
provided for to monitor compliance with
court judgments
7. provision on citizens arrest and
seizure of items, tools, and conveyances
used in commission of offense, and the
custody (preservation) and disposition
 8. a caveat is provided that the judge be
properly guided by the precautionary
principle where full scientific certainty
shall not be required of the party alleging
environmental damage
9. The sentiment is upheld that one
who suffer from infringement of
environmental laws must not be impeded
in pursuing their remedies in court
 10. strengthen the hand of govt in the
enforcement of environmental laws
11. embrace/adopt the latest and best
practices in other jurisdictions if only to
give priority/uphold the vindication of
environmental rights in our justice
system
12. innovate so as to customize rules to
address distinct needs
ENVIRONMENTAL RULES
-a judicial reform initiative in the area of
environmental rights – balanced and
healthful ecology
-court – impt dispenser of environ justice
-landmark cases
-Oposa vs Factoran – right to a
balanced and healthful ecology is a
different category of rights seeking self
preservation and self perpetuation
 -MMDA v Concerned Citizens of Manila
Bay – the cleaning/rehab of Mnl Bay and
preserving its water quality to the ideal
level can be compelled by mandamus
REVISED FORESTRY CODE – PD 705
-May 19, 1975
-utilization but more on protection,
rehabilitation, development of forest
lands to ensure continuity of their
productive condition
-classification and delimitation of lands
of the public domain
State Policy
1. Multiple uses of forestlands shall be
oriented to dev and progress reqts of
country, the advancement of science
and technology and public welfare
2. Land classif/survey shall be
systematized and hastened
3. Establishment of wood processing
plants encouraged/rationalized
The mandate of DENR
- State policy – to ensure, for the benefit of
the Filipino people, the full exploration and
dev as well as the judicious disposition,
utilization, mgt, renewal, and conservation
of the country’s forest, mineral, land,
waters, fisheries, wildlife, offshore areas,
and other natural resources consistent
with the necessity of maintaining a sound
ecological balance and protecting and
enhancing the quality of the environment
and the objective of making the
exploration, development, and utilization
of such natural resources equitably
accessible to the different segments of
the present as well as future generations

-DENR –primarily responsible to implement

the foregoing policy
DENR shall assure
- the availability and sustainability of NR
thru judicious use, systematic
restoration/replacement, whenever
possible, increase their productivity to
meet demands for products from forest,
mineral, land and water resources of a
growing population
To ensure equitable sharing of benefits of
NR – govt adopts policy on the proper
licensing and regulation before any EDU
may be granted to interested parties

Policy Determination by the Executive

Branch on proper mgt of forest resources
cannot as a rule be interfered with by the
courts
 -an appeal for the reinstatement of his
timber license agreement was denied by
the high court – speaking thus…the
legitimacy of such concern can hardly be
disputed. Court takes judicial notice of
the profligate waste of the country’s forest
resources which has not only resulted in
the irreversible loss of flora and fauna
peculiar to the region, but has produced
even more disastrous and lasting
economic and social effects.
LGUs authority to manage/control
communal forests within their territorial
jurisdiction subject to supervision, control
and review of the DENR

-the court ruled that DENR is not the sole

govt agency vested with the authority to
issue permits relevant to the transport of
salvaged forest products; under the
general welfare clause, LGUs may
exercise such authority.
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