RULES ON PROCEDURE FOR
ENVIRONMENTAL CASES
Scope: Governs procedure in
civil, criminal, SCAs before the RTC & MTC involving enforcement or
violation of environmental and other related laws, rules and regulations (LRR).
Main
objective:
To protect and advance the constitutional right of the people to a balanced and
healthful ecology (BHE).
Environmental protection
order (EPO) refers to 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.
JUDGMENT AND EXECUTION
Reliefs in a citizen
suit
If warranted, the court
may grant to the plaintiff proper reliefs which shall include
ü the
protection, preservation or rehabilitation (PPR) of the environment and
ü the
payment of attorney’s fees, costs of suit and other litigation expenses.
ü It may
also require the violator to submit a program of rehabilitation or
restoration of the environment, the costs of which shall be borne by the
violator, or
ü to
contribute to a special trust fund for that purpose subject to the
control of the court.
Permanent EPO; writ of
continuing mandamus
{ In the
judgment, the court may convert the TEPO to a permanent EPO or
{ issue
a writ of continuing mandamus
{ The
court may, by itself or through the
appropriate government agency:
i)
monitor the execution of the judgment and
ii) require
the party concerned to submit written reports on a quarterly basis or sooner
as may be necessary, detailing the progress
of the execution and satisfaction of the judgment. The other party may, at
its option, submit its comments or observations on the execution of the
judgment.
STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
Strategic lawsuit against public participation (SLAPP)
A legal action (brought against any person, institution or
any government agency or local government unit or its officials and employees)
filed to harass, vex, exert undue pressure or stifle (HVES) any legal recourse
that any person, institution or the government has taken or may take in the
enforcement of environmental laws, protection of the environment or assertion
of environmental rights (EPA).
SLAPP
as a defense; how alleged
In a SLAPP filed against
a person involved in the enforcement of environmental laws, protection of the
environment, or assertion of environmental rights,
{ Defendant interposes SLAPP as
affirmative defense in an answer - shall be supported by documents, affidavits,
papers and other evidence; and, by way of counterclaim, pray for damages,
attorney’s fees and costs of suit.
{ Court shall direct the
plaintiff or adverse party to file an opposition
{ adverse
party files an opposition showing
the suit is not a SLAPP, attaching evidence in support thereof, within a
non-extendible period of 5 days from receipt of notice that an answer has
been filed.
{ The
defense of a SLAPP shall be set for hearing
within 15 days from filing of the comment or the lapse of the period.
{ Summary hearing on the
defense of a SLAPP - parties must submit all available evidence in support of
their respective positions.
Ø party
seeking the dismissal of the case must prove by substantial evidence that his act for the enforcement of
environmental law is a legitimate action for the protection, preservation and
rehabilitation of the environment. (party
saying that the action of enforcing envi laws assailed as violative)
Ø party
filing the action assailed as a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP and is a
valid claim. (party saying that it is not
SLAPP)
{ Resolution of the defense of a SLAPP - resolved
within 30 days after the summary hearing.
ü If the
court dismisses the action (because it is SLAPP), the court may award
damages, attorney’s fees and costs of suit under a counterclaim if such has
been filed. The dismissal shall be with prejudice.
ü If the
court rejects the defense of a SLAPP
(hence it is not SLAPP), the evidence
adduced during the summary hearing shall be treated as evidence of the parties
on the merits of the case. The action shall proceed in accordance with the
Rules of Court.
WRIT OF KALIKASAN
Nature of the writ
{ The
writ is a remedy available to
i)
a natural or juridical person,
ii) entity
authorized by law,
iii) people’s
organization,
iv) non-governmental
organization, or
v) 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 (1) public official or employee, or (2) private
individual or entity, involving
environmental damage of such magnitude as to prejudice the life, health or
property (LHP) of inhabitants in two or more cities or provinces.
Where
to file: SC
or with any of the stations of CA.
No
docket fees- The petitioner shall be exempt from the payment of docket fees.
Issuance of the writ
i)
Within 3 days from the date of filing of the
petition, if the petition is sufficient in form and substance, the court shall
give an order:
(a) issuing
the writ; and
(b) requiring
the respondent to file a verified return
ii) The
clerk of court shall issue the writ including the issuance of a CDO and other
temporary reliefs effective until further order.
Return
of respondent- shall contain all
defenses to show 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.
·
A general denial of allegations in the petition
shall be considered as an admission thereof
·
failure to file return - the
court shall proceed to hear the petition ex parte.
Hearing
The hearing including
the preliminary conference shall not extend beyond 60 days and shall be given
the same priority as petitions for the writs of habeas corpus, amparo and
habeas data.
Discovery
Measures. - A party may file
a verified motion for the following reliefs:
1) Ocular Inspection
2) Production or inspection of documents or things
Judgment
Within 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: (CP-MOR)
·
Respondent-
public official, government agency, private person
or entity:
a) Directing
respondent to permanently cease and
desist from committing acts or neglecting the performance of a duty in
violation of environmental laws resulting in environmental destruction or
damage;
b) Directing
the respondent to protect, preserve,
rehabilitate or restore (PPRR) the environment;
c) Directing
the respondent to monitor strict
compliance with the decision and orders of the court;
d) Directing
the respondent 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.
Appeal:
Ø Within
15 days from the date of notice of the adverse judgment or denial of MR,
Ø any
party may appeal
Ø to SC
under Rule 45
Ø The
appeal may raise questions of fact.
NOTE: 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.
WRIT OF CONTINUING MANDAMUS
Writ of Continuing Mandamus
A
writ issued by a court in an environmental case directing any agency or
instrumentality of the government of officer thereof to perform an act or
series of acts decreed by final judgment which shall remain effective
until judgment is fully satisfied.
Petition for continuing
mandamus
{ Respondent: any
agency or instrumentality of the government or officer thereof
{ Act or
omission:
i)
unlawfully neglects the performance of an act which
the law specifically enjoins as a duty resulting from an office, trust or
station in connection with the
enforcement or violation of an environmental law rule or regulation or a right
therein, or
ii)
unlawfully excludes another from the use or
enjoyment of such right
and there is no other
plain, speedy and adequate remedy in the ordinary course of law
{ Remedy: Person
aggrieved thereby may file a verified
petition with CNFS in the proper court, alleging the facts with certainty,
attaching thereto supporting evidence, specifying that the petition concerns an
environmental law, rule or regulation
{ Prayer
in the petition:
i)
that judgment be rendered commanding the respondent
to do an act or series of acts until the judgment is fully satisfied, and
ii) to pay
damages sustained by the petitioner by reason of the malicious neglect to
perform the duties of the respondent
Where to file the
petition:
a) RTC
exercising jurisdiction over the territory where the actionable neglect or
omission occurred
b) CA
c) SC
No docket fees - The
petitioner shall be exempt from the payment of docket fees.
Proceeding:
1)
Order to comment
If the petition is
sufficient in form and substance, the court shall
a)
issue the writ and
b)
require the respondent to comment on the petition
within 10 days from receipt of a copy thereof.
{ TEPO - The court in which the petition is filed may
issue such orders to expedite the proceedings, and it may also grant a
TEPO for the preservation of the rights of the parties pending such
proceedings.
2)
Summary hearing or require
the parties to submit memoranda
{ After
the comment is filed or the time for the filing thereof has expired,
{ The
petition shall be resolved without delay within 60 days from the date of the
submission of the petition for resolution
3)
Judgment
{ If
warranted, the court shall grant the privilege of the writ of continuing
mandamus and
{ to
grant such other reliefs as may be warranted resulting from the wrongful
or illegal acts of the respondent.
{ The
court shall require the respondent to submit periodic reports (shall be
contained in partial returns of the writ) detailing the progress and execution
of the judgment, and the court may, by itself or through a commissioner or the
appropriate government agency, evaluate and monitor compliance. The
petitioner may submit its comments or observations on the execution of the
judgment
4)
Full
satisfaction
Upon full satisfaction
of the judgment, a final return of the writ shall be made to the court
by the respondent.
CRIMINAL PROCEDURE
Custody And Disposition
Of Seized Items, Equipment, Paraphernalia, Conveyances And Instruments of
the Crime (See Riguera, pg. 784)
1) The
custody and disposition of seized items shall be in accordance with the
applicable laws or rules promulgated by the concerned government agency.
2) In the
absence of applicable laws or rules promulgated by the concerned government
agency, the following procedure shall be observed:
a) Physical
inventory and photographing
b) Return
of search warrant or (if warrantless arrest), submit the inventory report and
other pertinent documents to public prosecutor
c) Auction
sale
d) Notice
of auction sale from whom they were seized/owner and gov agency concerned
e) Posting
in 3 conspicuous places in the city/municipality where seized of the notice of
auction
f)
The proceeds shall be held in trust and deposited
with the government depository bank for disposition according to the judgment.
SLAPP in Criminal Cases
i)
MD - Upon
the filing of an information in court and before arraignment, the accused
may file a motion to dismiss on the ground that the criminal action is a SLAPP.
Ø filed
by the accused - any person, institution or the government (PIG)
ii) Summary hearing
Ø parties
must submit all the available evidence in support of their respective
positions.
Ø The
party (gov/private who is enforcing
environmental laws, whose acts are assailed as being violative of) seeking
the dismissal of the case must prove by substantial
evidence that his acts for the enforcement of environmental law is a
legitimate action for the protection, preservation and rehabilitation of the
environment.
Ø The
party filing the action assailed as a SLAPP (party
saying that it is not SLAPP but a legitimate action to protect environmental
rights) shall prove by preponderance
of evidence that the action is not a SLAPP.
iii) Resolution
Ø The
court shall grant the motion (MD) if the accused establishes in the summary
hearing that the criminal case is SLAPP
Ø If the
court denies the motion, the court shall immediately proceed with the
arraignment of the accused.
Precautionary principle
states that when human activities may lead to threats of serious and
irreversible damage to the environment that is scientifically plausible but
uncertain, actions shall be taken to avoid or diminish that threat.
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