RULE 3: JUDICIAL RELIEF INVOLVING THE ISSUE OF

EXISTENCE, VALIDITY AND ENFORCEABILITY OF THE

ARBITRATION AGREEMENT

Rule 3.1. When judicial relief is available. The judicial relief
provided in Rule 3, whether resorted to before or after
commencement of arbitration, shall apply only when the place
of arbitration is in the Philippines.

A. Judicial Relief before Commencement of Arbitration

Rule 3.2. Who may file petition. Any party to an arbitration
agreement may petition the appropriate court to determine any
question concerning the existence, validity and enforceability of
such arbitration agreement serving a copy thereof on the
respondent in accordance with Rule 1.4 (A).

Rule 3.3. When the petition may be filed. The petition for
judicial determination of the existence, validity and/or
enforceability of an arbitration agreement may be filed at any
time prior to the commencement of arbitration.

Despite the pendency of the petition provided herein, arbitral
proceedings may nevertheless be commenced and continue to
the rendition of an award, while the issue is pending before the
court.

Rule 3.4. Venue. A petition questioning the existence, validity
and enforceability of an arbitration agreement may be filed
before the Regional Trial Court of the place where any of the
petitioners or respondents has his principal place of business
or residence.

Rule 3.5. Grounds. A petition may be granted only if it is
shown that the arbitration agreement is, under the applicable
law, invalid, void, unenforceable or inexistent.

Rule 3.6. Contents of petition. The verified petition shall state
the following:

a. The facts showing that the persons named as petitioner or
respondent have legal capacity to sue or be sued;

b. The nature and substance of the dispute between the
parties;

c. The grounds and the circumstances relied upon by the
petitioner to establish his position; and

d. The relief/s sought.

Apart from other submissions, the petitioner must attach to the
petition an authentic copy of the arbitration agreement.

Rule 3.7. Comment/Opposition.-The comment/opposition of
the respondent must be filed within fifteen (15) days from
service of the petition.

Rule 3.8. Court action. In resolving the petition, the court
must exercise judicial restraint in accordance with the policy
set forth in Rule 2.4, deferring to the competence or jurisdiction
of the arbitral tribunal to rule on its competence or jurisdiction.

Rule 3.9. No forum shopping. A petition for judicial relief
under this Rule may not be commenced when the existence,
validity or enforceability of an arbitration agreement has been
raised as one of the issues in a prior action before the same or
another court.

Rule 3.10. Application for interim relief. If the petitioner also
applies for an interim measure of protection, he must also
comply with the requirements of the Special ADR Rules for the
application for an interim measure of protection.

Rule 3.11. Relief against court action. Where there is a prima
facie determination upholding the arbitration agreement.-A
prima facie determination by the court upholding the existence,
validity or enforceability of an arbitration agreement shall not
be subject to a motion for reconsideration, appeal or certiorari.

Such prima facie determination will not, however, prejudice the
right of any party to raise the issue of the existence, validity
and enforceability of the arbitration agreement before the
arbitral tribunal or the court in an action to vacate or set aside
the arbitral award. In the latter case, the courts review of the
arbitral tribunals ruling upholding the existence, validity or
enforceability of the arbitration agreement shall no longer be
limited to a mere prima facie determination of such issue or
issues as prescribed in this Rule, but shall be a full review of
such issue or issues with due regard, however, to the standard
for review for arbitral awards prescribed in these Special ADR
Rules.

B. Judicial Relief after Arbitration Commences

Rule 3.12. Who may file petition. Any party to arbitration may
petition the appropriate court for judicial relief from the ruling of
the arbitral tribunal on a preliminary question upholding or
declining its jurisdiction. Should the ruling of the arbitral tribunal
declining its jurisdiction be reversed by the court, the parties
shall be free to replace the arbitrators or any one of them in
accordance with the rules that were applicable for the
appointment of arbitrator sought to be replaced.

Rule 3.13. When petition may be filed. The petition may be
filed within thirty (30) days after having received notice of that
ruling by the arbitral tribunal.

Rule 3.14. Venue. The petition may be filed before the
Regional Trial Court of the place where arbitration is taking
place, or where any of the petitioners or respondents has his
principal place of business or residence.

Rule 3.15. Grounds. The petition may be granted when the
court finds that the arbitration agreement is invalid, inexistent
or unenforceable as a result of which the arbitral tribunal has
no jurisdiction to resolve the dispute.

Rule 3.16. Contents of petition. The petition shall state the
following:

a. The facts showing that the person named as petitioner or
respondent has legal capacity to sue or be sued;

b. The nature and substance of the dispute between the
parties;

c. The grounds and the circumstances relied upon by the
petitioner; and

d. The relief/s sought.

In addition to the submissions, the petitioner shall attach to the
petition a copy of the request for arbitration and the ruling of
the arbitral tribunal.

The arbitrators shall be impleaded as nominal parties to the
case and shall be notified of the progress of the case.

Rule 3.17. Comment/Opposition. The comment/opposition
must be filed within fifteen (15) days from service of the
petition.

Rule 3.18. Court action. (A) Period for resolving the petition.-
The court shall render judgment on the basis of the pleadings
filed and the evidence, if any, submitted by the parties, within
thirty (30) days from the time the petition is submitted for
resolution.

(B) No injunction of arbitration proceedings. The court shall
not enjoin the arbitration proceedings during the pendency of
the petition.

Judicial recourse to the court shall not prevent the arbitral
tribunal from continuing the proceedings and rendering its
award.

(C) When dismissal of petition is appropriate. The court shall
dismiss the petition if it fails to comply with Rule 3.16 above; or
if upon consideration of the grounds alleged and the legal
briefs submitted by the parties, the petition does not appear to
be prima facie meritorious.

Rule 3.19. Relief against court action. The aggrieved party
may file a motion for reconsideration of the order of the court.
The decision of the court shall, however, not be subject to
appeal. The ruling of the court affirming the arbitral tribunals
jurisdiction shall not be subject to a petition for certiorari. The
ruling of the court that the arbitral tribunal has no jurisdiction
may be the subject of a petition for certiorari.

Rule 3.20. Where no petition is allowed. Where the arbitral
tribunal defers its ruling on preliminary question regarding its
jurisdiction until its final award, the aggrieved party cannot
seek judicial relief to question the deferral and must await the
final arbitral award before seeking appropriate judicial
recourse.

A ruling by the arbitral tribunal deferring resolution on the issue
of its jurisdiction until final award, shall not be subject to a
motion for reconsideration, appeal or a petition for certiorari.

Rule 3.21. Rendition of arbitral award before court decision on
petition from arbitral tribunals preliminary ruling on jurisdiction.
If the arbitral tribunal renders a final arbitral award and the
Court has not rendered a decision on the petition from the
arbitral tribunals preliminary ruling affirming its jurisdiction, that
petition shall become ipso facto moot and academic and shall
be dismissed by the Regional Trial Court. The dismissal shall
be without prejudice to the right of the aggrieved party to raise
the same issue in a timely petition to vacate or set aside the
award.

Rule 3.22. Arbitral tribunal a nominal party. The arbitral
tribunal is only a nominal party. The court shall not require the
arbitral tribunal to submit any pleadings or written submissions
but may consider the same should the latter participate in the
proceedings, but only as nominal parties thereto.

RULE 5: INTERIM MEASURES OF PROTECTION

Rule 5.1. Who may ask for interim measures of protection. A
party to an arbitration agreement may petition the court for
interim measures of protection.

Rule 5.2. When to petition. A petition for an interim measure
of protection may be made (a) before arbitration is
commenced, (b) after arbitration is commenced, but before the
constitution of the arbitral tribunal, or (c) after the constitution
of the arbitral tribunal and at any time during arbitral
proceedings but, at this stage, only to the extent that the
arbitral tribunal has no power to act or is unable to act
effectively.

Rule 5.3. Venue. A petition for an interim measure of
protection may be filed with the Regional Trial Court, which has
jurisdiction over any of the following places:

a. Where the principal place of business of any of the parties to
arbitration is located;

b. Where any of the parties who are individuals resides;

c. Where any of the acts sought to be enjoined are being
performed, threatened to be performed or not being performed;
or

d. Where the real property subject of arbitration, or a portion
thereof is situated.

Rule 5.4. Grounds. The following grounds, while not limiting
the reasons for the court to grant an interim measure of
protection, indicate the nature of the reasons that the court
shall consider in granting the relief:

a. The need to prevent irreparable loss or injury;

b. The need to provide security for the performance of any
obligation;

c. The need to produce or preserve evidence; or

d. The need to compel any other appropriate act or omission.

Rule 5.5. Contents of the petition. The verified petition must
state the following:

a. The fact that there is an arbitration agreement;

b. The fact that the arbitral tribunal has not been constituted, or
if constituted, is unable to act or would be unable to act
effectively;

c. A detailed description of the appropriate relief sought;

d. The grounds relied on for the allowance of the petition

Apart from other submissions, the petitioner must attach to his
petition an authentic copy of the arbitration agreement.

Rule 5.6. Type of interim measure of protection that a court
may grant.- The following, among others, are the interim
measures of protection that a court may grant:

a. Preliminary injunction directed against a party to arbitration;

b. Preliminary attachment against property or garnishment of
funds in the custody of a bank or a third person;

c. Appointment of a receiver;

d. Detention, preservation, delivery or inspection of property;
or,

e. Assistance in the enforcement of an interim measure of
protection granted by the arbitral tribunal, which the latter
cannot enforce effectively.

Rule 5.7. Dispensing with prior notice in certain cases. Prior
notice to the other party may be dispensed with when the
petitioner alleges in the petition that there is an urgent need to
either (a) preserve property, (b) prevent the respondent from
disposing of, or concealing, the property, or (c) prevent the
relief prayed for from becoming illusory because of prior notice,
and the court finds that the reason/s given by the petitioner are
meritorious.

Rule 5.8. Comment/Opposition. The comment/opposition
must be filed within fifteen (15) days from service of the
petition. The opposition or comment should state the reasons
why the interim measure of protection should not be granted.

Rule 5.9. Court action. After hearing the petition, the court
shall balance the relative interests of the parties and
inconveniences that may be caused, and on that basis resolve
the matter within thirty (30) days from (a) submission of the
opposition, or (b) upon lapse of the period to file the same, or
(c) from termination of the hearing that the court may set only if
there is a need for clarification or further argument.

If the other parties fail to file their opposition on or before the
day of the hearing, the court shall motu propriorender judgment
only on the basis of the allegations in the petition that are
substantiated by supporting documents and limited to what is
prayed for therein.

In cases where, based solely on the petition, the court finds
that there is an urgent need to either (a) preserve property, (b)
prevent the respondent from disposing of, or concealing, the
property, or (c) prevent the relief prayed for from becoming
illusory because of prior notice, it shall issue an immediately
executory temporary order of protection and require the
petitioner, within five (5) days from receipt of that order, to post
a bond to answer for any damage that respondent may suffer
as a result of its order. The ex-parte temporary order of
protection shall be valid only for a period of twenty (20) days
from the service on the party required to comply with the order.
Within that period, the court shall:

a. Furnish the respondent a copy of the petition and a notice
requiring him to comment thereon on or before the day the
petition will be heard; and

b. Notify the parties that the petition shall be heard on a day
specified in the notice, which must not be beyond the twenty
(20) day period of the effectivity of the ex-parte order.

The respondent has the option of having the temporary order
of protection lifted by posting an appropriate counter-bond as
determined by the court.

If the respondent requests the court for an extension of the
period to file his opposition or comment or to reset the hearing
to a later date, and such request is granted, the court shall
extend the period of validity of the ex-partetemporary order of
protection for no more than twenty days from expiration of the
original period.

After notice and hearing, the court may either grant or deny the
petition for an interim measure of protection. The order
granting or denying any application for interim measure of
protection in aid of arbitration must indicate that it is issued
without prejudice to subsequent grant, modification,
amendment, revision or revocation by an arbitral tribunal.

Rule 5.10. Relief against court action. If respondent was
given an opportunity to be heard on a petition for an interim
measure of protection, any order by the court shall be
immediately executory, but may be the subject of a motion for
reconsideration and/or appeal or, if warranted, a petition for
certiorari.

Rule 5.11. Duty of the court to refer back. The court shall not
deny an application for assistance in implementing or enforcing
an interim measure of protection ordered by an arbitral tribunal
on any or all of the following grounds:

a. The arbitral tribunal granted the interim relief ex parte; or

b. The party opposing the application found new material
evidence, which the arbitral tribunal had not considered in
granting in the application, and which, if considered, may
produce a different result; or

c. The measure of protection ordered by the arbitral tribunal
amends, revokes, modifies or is inconsistent with an earlier
measure of protection issued by the court.

If it finds that there is sufficient merit in the opposition to the
application based on letter (b) above, the court shall refer the
matter back to the arbitral tribunal for appropriate
determination.

Rule 5.12. Security. The order granting an interim measure
of protection may be conditioned upon the provision of
security, performance of an act, or omission thereof, specified
in the order.

The Court may not change or increase or decrease the
security ordered by the arbitral tribunal.

Rule 5.13. Modification, amendment, revision or revocation of
courts previously issued interim measure of protection. Any
court order granting or denying interim measure/s of protection
is issued without prejudice to subsequent grant, modification,
amendment, revision or revocation by the arbitral tribunal as
may be warranted.

An interim measure of protection issued by the arbitral tribunal
shall, upon its issuance be deemed to have ipso jure modified,
amended, revised or revoked an interim measure of protection
previously issued by the court to the extent that it is
inconsistent with the subsequent interim measure of protection
issued by the arbitral tribunal.

Rule 5.14. Conflict or inconsistency between interim measure
of protection issued by the court and by the arbitral tribunal.
Any question involving a conflict or inconsistency between an
interim measure of protection issued by the court and by the
arbitral tribunal shall be immediately referred by the court to
the arbitral tribunal which shall have the authority to decide
such question.

Rule 5.15. Court to defer action on petition for an interim
measure of protection when informed of constitution of the
arbitral tribunal. The court shall defer action on any pending
petition for an interim measure of protection filed by a party to
an arbitration agreement arising from or in connection with a
dispute thereunder upon being informed that an arbitral tribunal
has been constituted pursuant to such agreement. The court
may act upon such petition only if it is established by the
petitioner that the arbitral tribunal has no power to act on any
such interim measure of protection or is unable to act thereon
effectively.

Rule 5.16. Court assistance should arbitral tribunal be unable
to effectively enforce interim measure of protection. The
court shall assist in the enforcement of an interim measure of
protection issued by the arbitral tribunal which it is unable to
effectively enforce.

RULE 10: CONFIDENTIALITY/PROTECTIVE ORDERS

Rule 10.1. Who may request confidentiality. A party, counsel
or witness who disclosed or who was compelled to disclose
information relative to the subject of ADR under circumstances
that would create a reasonable expectation, on behalf of the
source, that the information shall be kept confidential has the
right to prevent such information from being further disclosed
without the express written consent of the source or the party
who made the disclosure.

Rule 10.2. When request made. A party may request a
protective order at anytime there is a need to enforce the
confidentiality of the information obtained, or to be obtained, in
ADR proceedings.

Rule 10.3. Venue. A petition for a protective order may be
filed with the Regional Trial Court where that order would be
implemented.

If there is a pending court proceeding in which the information
obtained in an ADR proceeding is required to be divulged or is
being divulged, the party seeking to enforce the confidentiality
of the information may file a motion with the court where the
proceedings are pending to enjoin the confidential information
from being divulged or to suppress confidential information.

Rule 10.4. Grounds. A protective order may be granted only
if it is shown that the applicant would be materially prejudiced
by an unauthorized disclosure of the information obtained, or to
be obtained, during an ADR proceeding.

Rule 10.5. Contents of the motion or petition. The petition or
motion must state the following:

a. That the information sought to be protected was obtained, or
would be obtained, during an ADR proceeding;

b. The applicant would be materially prejudiced by the
disclosure of that information;

c. The person or persons who are being asked to divulge the
confidential information participated in an ADR proceedings;
and

d. The time, date and place when the ADR proceedings took
place.

Apart from the other submissions, the movant must set the
motion for hearing and contain a notice of hearing in
accordance with Rule 15 of the Rules of Court.

Rule 10.6. Notice. Notice of a request for a protective order
made through a motion shall be made to the opposing parties
in accordance with Rule 15 of the Rules of Court.

Rule 10.7. Comment/Opposition. The comment/opposition
must be filed within fifteen (15) days from service of the
petition. The opposition or comment may be accompanied by
written proof that (a) the information is not confidential, (b) the
information was not obtained during an ADR proceeding, (c)
there was a waiver of confidentiality, or (d) the
petitioner/movant is precluded from asserting confidentiality.

Rule 10.8. Court action. If the court finds the petition or
motion meritorious, it shall issue an order enjoining a person or
persons from divulging confidential information.

In resolving the petition or motion, the courts shall be guided
by the following principles applicable to all ADR proceedings:
Confidential information shall not be subject to discovery and
shall be inadmissible in any adversarial proceeding, whether
judicial or quasi judicial. However, evidence or information that
is otherwise admissible or subject to discovery does not
become inadmissible or protected from discovery solely by
reason of its use therein.

For mediation proceedings, the court shall be further guided by
the following principles:

a. Information obtained through mediation shall be privileged
and confidential.

b. A party, a mediator, or a nonparty participant may refuse to
disclose and may prevent any other person from disclosing a
mediation communication.

c. In such an adversarial proceeding, the following persons
involved or previously involved in a mediation may not be
compelled to disclose confidential information obtained during
the mediation: (1) the parties to the dispute; (2) the mediator or
mediators; (3) the counsel for the parties: (4) the nonparty
participants; (5) any persons hired or engaged in connection
with the mediation as secretary, stenographer; clerk or
assistant; and (6) any other person who obtains or possesses
confidential information by reason of his/ her profession.

d. The protection of the ADR Laws shall continue to apply even
if a mediator is found to have failed to act impartially.

e. A mediator may not be called to testify to provide information
gathered in mediation. A mediator who is wrongfully
subpoenaed shall be reimbursed the full cost of his attorney
fees and related expenses.

Rule 10.9. Relief against court action. The order enjoining a
person or persons from divulging confidential information shall
be immediately executory and may not be enjoined while the
order is being questioned with the appellate courts.

If the court declines to enjoin a person or persons from
divulging confidential information, the petitioner may file a
motion for reconsideration or appeal.

Rule 10.10. Consequence of disobedience. Any person who
disobeys the order of the court to cease from divulging
confidential information shall be imposed the proper sanction
by the court.

WRIT OF AMPARO A.M. No. 07-9-12-SC
September 25, 2007

Sec. 14. Interim Reliefs. - Upon filing of the petition or at
anytime before final judgment, the court, justice or judge may
grant any of the following reliefs:

(a) Temporary Protection Order. - The court, justice or judge,
upon motion or motu proprio, may order that the petitioner or
the aggrieved party and any member of the immediate family
be protected in a government agency or by an accredited
person or private institution capable of keeping and securing
their safety. If the petitioner is an organization, association or
institution referred to in Section 3(c) of this Rule, the protection
may be extended to the officers involved.

The Supreme Court shall accredit the persons and private
institutions that shall extend temporary protection to the
petitioner or the aggrieved party and any member of the
immediate family, in accordance with guidelines which it shall
issue.

The accredited persons and private institutions shall comply
with the rules and conditions that may be imposed by the court,
justice or judge.

(b) Inspection Order. - The court, justice or judge, upon verified
motion and after due hearing, may order any person in
possession or control of a designated land or other property, to
permit entry for the purpose of inspecting, measuring,
surveying, or photographing the property or any relevant object
or operation thereon.

The motion shall state in detail the place or places to be
inspected. It shall be supported by affidavits or testimonies of
witnesses having personal knowledge of the enforced
disappearance or whereabouts of the aggrieved party.

If the motion is opposed on the ground of national security or of
the privileged nature of the information, the court, justice or
judge may conduct a hearing in chambers to determine the
merit of the opposition.

The movant must show that the inspection order is necessary
to establish the right of the aggrieved party alleged to be
threatened or violated.

The inspection order shall specify the person or persons
authorized to make the inspection and the date, time, place
and manner of making the inspection and may prescribe other
conditions to protect the constitutional rights of all parties. The
order shall expire five (5) days after the date of its issuance,
unless extended for justifiable reasons.

(c) Production Order. - The court, justice or judge, upon
verified motion and after due hearing, 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.

The motion may be opposed on the ground of national security
or of the privileged nature of the information, in which case the
court, justice or judge may conduct a hearing in chambers to
determine the merit of the opposition.

The court, justice or judge shall prescribe other conditions to
protect the constitutional rights of all the parties.

(d) Witness Protection Order. - The court, justice or judge,
upon motion or motu proprio, may refer the witnesses to the
Department of Justice for admission to the Witness Protection,
Security and Benefit Program, pursuant to Republic Act No.
6981.

The court, justice or judge may also refer the witnesses to
other government agencies, or to accredited persons or private
institutions capable of keeping and securing their safety.

Sec. 15. Availability of Interim Reliefs to Respondent. - Upon
verified motion of the respondent and after due hearing, the
court, justice or judge may issue an inspection order or
production order under paragraphs (b) and (c) of the preceding
section.

A motion for inspection order under this section shall be
supported by affidavits or testimonies of witnesses having
personal knowledge of the defenses of the respondent.

Sec. 16. Contempt. - The court, justice or judge may order the
respondent who refuses to make a return, or who makes a
false return, or any person who otherwise disobeys or resists a
lawful process or order of the court to be punished for
contempt. The contemnor may be imprisoned or imposed a
fine.

A. M. No. 08-1-16-SC
January 22, 2008
THE RULE ON THE WRIT OF HABEAS DATA

Section 1. Habeas Data. - The writ of habeas data is a remedy
available to any person whose right to privacy in life, liberty or
security is violated or threatened by an unlawful act or
omission of a public official or employee, or of a private
individual or entity engaged in the gathering, collecting or
storing of data or information regarding the person, family,
home and correspondence of the aggrieved party.

Sec. 2. Who May File. - Any aggrieved party may file a petition
for the writ of habeas data. However, in cases of extralegal
killings and enforced disappearances, the petition may be filed
by: chanrobles virtual law library

(a) Any member of the immediate family of the aggrieved party,
namely: the spouse, children and parents; or chanrobles virtual
law library

(b) Any ascendant, descendant or collateral relative of the
aggrieved party within the fourth civil degree of consanguinity
or affinity, in default of those mentioned in the preceding
paragraph; or chanrobles virtual law library

Sec. 3. Where to File. - The petition may be filed with the
Regional Trial Court where the petitioner or respondent
resides, or that which has jurisdiction over the place where the
data or information is gathered, collected or stored, at the
option of the petitioner. chanrobles virtual law library

The petition may also be filed with the Supreme Court or the
Court of Appeals or the Sandiganbayan when the action
concerns public data files of government offices.

Sec. 4. Where Returnable; Enforceable. - When the writ is
issued by a Regional Trial Court or any judge thereof, it shall
be returnable before such court or judge.

When issued by the Court of Appeals or the Sandiganbayan or
any of its justices, it may be returnable before such court or
any justice thereof, or to any Regional Trial Court of the place
where the petitioner or respondent resides, or that which has
jurisdiction over the place where the data or information is
gathered, collected or stored.

When issued by the Supreme Court or any of its justices, it
may be returnable before such Court or any justice thereof, or
before the Court of Appeals or the Sandiganbayan or any of its
justices, or to any Regional Trial Court of the place where the
petitioner or respondent resides, or that which has jurisdiction
over the place where the data or information is gathered,
collected or stored.

The writ of habeas data shall be enforceable anywhere in the
Philippines.

Sec. 5. Docket Fees. - No docket and other lawful fees shall be
required from an indigent petitioner. The petition of the indigent
shall be docked and acted upon immediately, without prejudice
to subsequent submission of proof of indigency not later than
fifteen (15) days from the filing of the petition. chanrobles
virtual law library

Sec. 6. Petition. - A verified written petition for a writ of habeas
data should contain:

(a) The personal circumstances of the petitioner and the
respondent;

(b) The manner the right to privacy is violated or threatened
and how it affects the right to life, liberty or security of the
aggrieved party; chanrobles virtual law library

(c) The actions and recourses taken by the petitioner to secure
the data or information;

(d) The location of the files, registers or databases, the
government office, and the person in charge, in possession or
in control of the data or information, if known;

(e) The reliefs prayed for, which may include the updating,
rectification, suppression or destruction of the database or
information or files kept by the respondent.

In case of threats, the relief may include a prayer for an order
enjoining the act complained of; and

(f) Such other relevant reliefs as are just and equitable.

Sec. 7. Issuance of the Writ. - Upon the filing of the petition,
the court, justice or judge shall immediately order the issuance
of the writ if on its face it ought to issue. The clerk of court shall
issue the writ under the seal of the court and cause it to be
served within three (3) days from the issuance; or, in case of
urgent necessity, the justice or judge may issue the writ under
his or her own hand, and may deputize any officer or person
serve it.

The writ shall also set the date and time for summary hearing
of the petition which shall not be later than ten (10) work days
from the date of its issuance. chanrobles virtual law library

Sec. 8. Penalty for Refusing to Issue or Serve the Writ. - A
clerk of court who refuses to issue the writ after its allowance,
or a deputized person who refuses to serve the same, shall be
punished by the court, justice or judge for contempt without
prejudice to other disciplinary actions. chanrobles virtual law
library

Sec. 9. How the Writ is Served. - The writ shall be served upon
the respondent by a judicial officer or by a person deputized by
the court, justice or judge who shall retain a copy on which to
make a return of service. In case the writ cannot be served
personally on the respondent, the rules on substituted service
shall apply.

Sec. 10. Return; Contents. - The respondent shall file a verified
written return together with supporting affidavits within five (5)
working days from service of the writ, which period may be
reasonably extended by the Court for justifiable reasons. The
return shall, among other things, contain the following:

(a) The lawful defenses such as national security, state
secrets, privileged communications, confidentiality of the
source of information of media and others;

(b) In case of respondent in charge, in possession or in control
of the data or information subject of the petition;

(i) a disclosure of the data or information about the petitioner,
the nature of such data or information, and the purpose for its
collection;

(ii) the steps or actions taken by the respondent to ensure the
security and confidentiality of the data or information; and
chanrobles virtual law library

(iii) the currency and accuracy of the data or information held;
and,

(c) Other allegations relevant to the resolution of the
proceeding.

A general denial of the allegations in the petition shall not be
allowed.

Sec. 11. Contempt. - The court, justice or judge may punish
with imprisonment or fine a respondent who commits contempt
by making a false return, or refusing to make a return; or any
person who otherwise disobeys or resist a lawful process or
order of the court.

Sec. 12. When Defenses May be Heard in Chambers. - A
hearing in chambers may be conducted where the respondent
invokes the defense that the release of the data or information
in question shall compromise national security or state secrets,
or when the data or information cannot be divulged to the
public due to its nature or privileged character.

Sec. 13. Prohibited Pleadings and Motions. - The following
pleadings and motions are prohibited:

(a) Motion to dismiss;

(b) Motion for extension of time to file return, opposition,
affidavit, position paper and other pleadings; chanrobles virtual
law library

(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply;

(h) Motion to declare respondent in default;

(i) Intervention;

(j) Memorandum;

(k) Motion for reconsideration of interlocutory orders or interim
relief orders; and

(l) Petition for certiorari, mandamus or prohibition against any
interlocutory order.

Sec. 14. Return; Filing. - In case the respondent fails to file a
return, the court, justice or judge shall proceed to hear the
petition ex parte, granting the petitioner such relief as the
petition may warrant unless the court in its discretion requires
the petitioner to submit evidence. chanrobles virtual law library

Sec. 15. Summary Hearing. - The hearing on the petition shall
be summary. However, the court, justice or judge may call for a
preliminary conference to simplify the issues and determine the
possibility of obtaining stipulations and admissions from the
parties. chanrobles virtual law library

Sec. 16. Judgment. - The court shall render judgment within
ten (10) days from the time the petition is submitted for
decision. If the allegations in the petition are proven by
substantial evidence, the court shall enjoin the act complained
of, or order the deletion, destruction, or rectification of the
erroneous data or information and grant other relevant reliefs
as may be just and equitable; otherwise, the privilege of the
writ shall be denied.

Upon its finality, the judgment shall be enforced by the sheriff
or any lawful officers as may be designated by the court,
justice or judge within five (5) working days.

Sec. 17. Return of Service. - The officer who executed the final
judgment shall, within three (3) days from its enforcement,
make a verified return to the court. The return shall contain a
full statement of the proceedings under the writ and a complete
inventory of the database or information, or documents and
articles inspected, updated, rectified, or deleted, with copies
served on the petitioner and the respondent.

The officer shall state in the return how the judgment was
enforced and complied with by the respondent, as well as all
objections of the parties regarding the manner and regularity of
the service of the writ.

Sec. 18. Hearing on Officer-s Return. - The court shall set the
return for hearing with due notice to the parties and act
accordingly. chanrobles virtual law library

Sec. 19. Appeal. - Any party may appeal from the final
judgment or order to the Supreme Court under Rule 45. The
appeal may raise questions of fact or law or both. chanrobles
virtual law library

The period of appeal shall be five (5) working days from the
date of notice of the judgment or final order.

The appeal shall be given the same priority as in habeas
corpus and amparo cases.

Sec. 20. Institution of Separate Actions. - The filing of a petition
for the writ of habeas data shall not preclude the filing of
separate criminal, civil or administrative actions.

Sec. 21. Consolidation. - When a criminal action is filed
subsequent to the filing of a petition for the writ, the latter shall
be consolidated with the criminal action.

When a criminal action and a separate civil action are filed
subsequent to a petition for a writ of habeas data, the petition
shall be consolidated with the criminal action.

After consolidation, the procedure under this Rule shall
continue to govern the disposition of the reliefs in the petition.

Sec. 22. Effect of Filing of a Criminal Action. - When a criminal
action has been commenced, no separate petition for the writ
shall be filed. The relief under the writ shall be available to an
aggrieved party by motion in the criminal case.

The procedure under this Rule shall govern the disposition of
the reliefs available under the writ of habeas data.

Sec. 23. Substantive Rights. - This Rule shall not diminish,
increase or modify substantive rights.

Sec. 24. Suppletory Application of the Rules of Court. - The
Rules of Court shall apply suppletorily insofar as it is not
inconsistent with this Rule. chanrobles virtual law library

Sec. 25. Effectivity. - This Rule shall take effect on February 2,
2008, following its publication in three (3) newspapers of
general circulation.

RULE 7AM NO. 09-6-8SC
WRIT OF KALIKASAN

Section 1. Nature of the writ. - The writ is a remedy available to
a natural or juridical person, entity authorized by law, peoples
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.

Section 2. Contents of the petition. - The verified petition shall
contain the following:

(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, object evidence;

(e) The certification of 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 or claim 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 may include a prayer for the
issuance of a TEPO.

Section 3. Where to file. - The petition shall be filed with the
Supreme Court or with any of the stations of the Court of
Appeals.

Section 4. No docket fees. - The petitioner shall be exempt
from the payment of docket

fees.

Section 5. Issuance of the writ. - Within three (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 as
provided in Section 8 of this Rule. The clerk of court shall
forthwith issue the writ under the seal of the court including the
issuance of a cease and desist order and other temporary
reliefs effective until further order.

Section 6. How the writ is served. - The writ shall be served
upon the respondent by a court officer or any person deputized
by the court, who shall retain a copy on which to make a return
of service. In case the writ cannot be served personally, the
rule on substituted service shall apply.

Section 7. Penalty for refusing to issue or serve the writ. - A
clerk of court who unduly delays or refuses to issue the writ
after its allowance or a court officer or deputized person who
unduly delays or refuses to serve the same shall be punished
by the court for contempt without prejudice to other civil,
criminal or administrative actions.

Section 8. Return of respondent; contents. - Within a non-
extendible period of ten (10) days after service of the writ, the
respondent shall file a verified return which 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.

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

The return shall include affidavits of witnesses, documentary
evidence, scientific or other expert studies, and if possible,
object evidence, in support of the defense of the respondent.

A general denial of allegations in the petition shall be
considered as an admission thereof.

Section 9. Prohibited pleadings and motions. - The following
pleadings and motions are prohibited:

(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.

Section 10. Effect of failure to file return. - In case the
respondent fails to file a return, the court shall proceed to hear
the petition ex parte.

Section 11. Hearing. - Upon receipt of the return of the
respondent, the court may call a preliminary conference to
simplify the issues, determine the possibility of obtaining
stipulations or admissions from the parties, and set the petition
for hearing.

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

Section 12. Discovery Measures. - A party may file a verified
motion for the following reliefs:

(a) Ocular Inspection; order The motion must show that an
ocular inspection 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. It
shall state in detail the place or places to be inspected. It shall
be supported by affidavits of witnesses having personal
knowledge of the violation or threatened violation of
environmental law.

After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry
for the purpose of inspecting or

photographing the property or any relevant object or operation
thereon.

The order shall specify the person or persons authorized to
make the inspection and the date, time, place and manner of
making the inspection and may prescribe other conditions to
protect the constitutional rights of all parties.

(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.

The production order shall specify the person or persons
authorized to make the production and the date, time, place
and manner of making the inspection or production and may
prescribe other conditions to protect the constitutional rights of
all parties.

Section 13. Contempt. - 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 or
resists a lawful process or order of the court for indirect
contempt under Rule 71 of the Rules of Court.

Section 14. Submission of case for decision; filing of
memoranda. - After hearing, the court shall issue an order
submitting the case for decision. The court may require the
filing of memoranda and if possible, in its electronic form,
within a non-extendible period of thirty (30) days from the date
the petition is submitted for decision.

Section 15. Judgment. - 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 a 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.

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.

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.

RULE 8
WRIT OF CONTINUING MANDAMUS

Section 1. Petition for continuing mandamus. - When any
agency or instrumentality of the government or officer thereof
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
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, the person aggrieved thereby
may file a verified petition in the proper court, alleging the facts
with certainty, attaching thereto supporting evidence,
specifying that the petition concerns an environmental law, rule
or regulation, and praying that judgment be rendered
commanding the respondent to do an act or series of acts until
the judgment is fully satisfied, and to pay damages sustained
by the petitioner by reason of the malicious neglect to perform
the duties of the respondent, under the law, rules or
regulations. The petition shall also contain a sworn certification
of non-forum shopping.

Section 2. Where to file the petition. - The petition shall be filed
with the Regional Trial Court exercising jurisdiction over the
territory where the actionable neglect or omission occurred or
with the Court of Appeals or the Supreme Court.

Section 3. No docket fees. - The petitioner shall be exempt
from the payment of docket fees.

Section 4. Order to comment. - If the petition is sufficient in
form and substance, the court shall issue the writ and require
the respondent to comment on the petition within ten (10) days
from receipt of a copy thereof. Such order shall be served on
the respondents in such manner as the court may direct,
together with a copy of the petition and any annexes thereto.

Section 5. Expediting proceedings; 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.

Section 6. Proceedings after comment is filed. - After the
comment is filed or the time for the filing thereof has expired,
the court may hear the case which shall be summary in nature
or require the parties to submit memoranda. The petition shall
be resolved without delay within sixty (60) days from the date
of the submission of the petition for resolution.

Section 7. Judgment. - If warranted, the court shall grant the
privilege of the writ of continuing mandamus requiring
respondent to perform an act or series of acts until the
judgment is fully satisfied 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 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.

Section 8. Return of the writ. - The periodic reports submitted
by the respondent detailing compliance with the judgment shall
be contained in partial returns of the writ.

Upon full satisfaction of the judgment, a final return of the writ
shall be made to the court by the respondent. If the court finds
that the judgment has been fully implemented, the satisfaction
of judgment shall be entered in the court docket.

RULE 13
PROVISIONAL REMEDIES

Section 1. Attachment in environmental cases. - The
provisional remedy of attachment under Rule 127 of the Rules
of Court may be availed of in environmental cases.

Section 2. Environmental Protection Order (EPO); Temporary
Environmental Protection Order (TEPO) in criminal cases. -
The procedure for and issuance of EPO and TEPO shall be
governed by Rule 2 of these Rules.