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UST GOLDEN NOTES 2011

VII. REVISED RULES ON SUMMARY PROCEDURE


A. CASES COVERED BY THE RULE
Q: In what cases do the Revised Rules on Summary
Procedure apply?
A:
1.

2.

3.

Civil cases:
a. All cases of forcible entry and
unlawful detainer, irrespective of
amount of damages or unpaid
rentals sought to be recovered
provided when attorneys fees are
awarded, the same shall not exceed
P20,000.00; and
b. All other civil cases, except probate
proceedings, where the total amount
of the plaintiffs claim does not
exceed P100,000 or P200,000 in
Metropolitan Manila, exclusive of
interest and costs (As amended by
A.M. No. 02-11-09-SC effective Nov.
5, 2002)
Criminal cases:
a. Violations of traffic laws, rules and
regulations;
b. Violations of rental law;
c. Violations of municipal or city
ordinances;
d. All other criminal cases where the
penalty prescribed by law for the
offense charged is imprisonment not
exceeding 6 months or a fine not
exceeding P1,000.00, or both,
irrespective of other imposable
penalties, accessory or otherwise, or
of the civil liability arising there from.
Provided however, that in offenses
involving damage to property
through criminal negligence, this
Rule shall govern where the
imposable fine does not exceed
P10,000.00; and
Violation of bouncing checks law (Sec. 1).
B. EFFECT OF FAILURE TO ANSWER

Q: What is the effect of failure of the defendant to


answer?
A: The court, motu proprio or on motion of the
plaintiff, shall render judgment as may be
warranted by the facts alleged in the complaint and
limited to what is prayed for (Sec 6).

372

Note: This is without prejudice to the applicability of


Sec. 4, Rule 18 of the Rules of Court, stating that the
non-appearance of the party in a pre-trial may be
excused if valid cause is shown or a representative
authorized in writing appears in his behalf.

C. PRELIMINARY CONFERENCE AND APPEARANCES


OF THE PARTIES
Q: Is preliminary conference in civil cases
mandatory?
A: Yes. Not later than 30 days after the last answer
is filed, a preliminary conference shall be held. The
rules on pre-trial in ordinary cases shall be
applicable to the preliminary conference unless
inconsistent with the provisions of this Rule.
Q: What is the effect of the plaintiffs failure to
appear?
A: The failure of the plaintiff to appear in the
preliminary conference shall be a cause for the
dismissal of his complaint. The defendant who
appears in the absence of the plaintiff shall be
entitled to judgment on his counterclaim in
accordance with Sec. 6.
Note: All cross-claims shall be dismissed.

Q: What is the effect of the defendants failure to


appear during the preliminary conference?
A: If a sole defendant shall fail to appear, the
plaintiff shall be entitled to judgment in accordance
with Sec. 6. This Rule shall not apply where one of
two or more defendants sued under a common
cause of action who had pleaded a common
defense shall appear at the preliminary conference
(Sec. 7).
Q: Is preliminary conference in criminal cases
mandatory?
A: Yes. Before conducting the trial, the court shall
call the parties to a preliminary conference during
which a stipulation of facts may be entered into, or
the propriety of allowing the accused to enter a
plea of guilty to a lesser offense may be considered,
or such other matters may be taken up to clarify
the issues and to ensure a speedy disposition of the
case.
However, no admission by the accused shall be
used against him unless reduced in writing and
signed by the accused and his counsel. A refusal or
failure to stipulate shall not prejudice the accused
(Sec. 14).

REMEDIAL LAW TEAM:


ADVISER: JUDGE MYRA B. QUIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.;
SUBJECT HEAD: ANGELI P. ALBAA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO,
MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,
KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR
R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES

KATARUNGANG PAMBARANGAY
VIII. KATARUNGANG PAMBARANGAY

C. VENUE

A. CASES COVERED

Q: What are the rules on venue under the law on


Katarungang Pambarangay?

Q: What is the object of the Katarungang


Pambarangay Law?

A:
1.

A: Its object is to effect an amicable settlement of


disputes among family and barangay members at
the barangay level without judicial recourse and
consequently help relieve the courts of docket
congestion (Preamble of P.D. 1508, the former and
the first Katarungang Pambarangay Law). (1999
Bar Question)

2.

3.
B. SUBJECT MATTER OF AMICABLE SETTLEMENT
Q: What is the subject matter for amicable
settlement?

4.

A:
GR: The Lupon of each barangay shall have
authority to bring together the parties actually
residing in the same city or municipality for
amicable settlement of all disputes. (Sec. 2)

For disputes between residents of the


same barangay, the dispute must be
brought for settlement in the said
barangay;
For disputes between residents of
different barangays within the same city
or municipality or any of the respondents
reside at the election of the complainant;
For disputes involving real property or
any interest therein shall be brought in
the barangay where the real property or
larger portion thereof is situated; and
For disputes arising at the workplace
where the contending parties are
employed or at the institution where such
parties are enrolled for study shall be
brought in the barangay where such
workplace or institution is located.

D. WHEN PARTIES MAY DIRECTLY GO TO COURT


XPN:
1. Where one party is the government or
any subdivision or instrumentality
thereof;
2. Where one party is a public officer or
employee, and the dispute relates to the
performance of his official functions;
3. Offenses punishable by imprisonment
exceeding 1 year or a fine exceeding
P5,000.00;
4. Offenses where there are no private
offended party;
5. Where the dispute involves real
properties located in different cities or
municipalities unless the parties agree to
submit the dispute to amicable
settlement by an appropriate lupon;
6. Disputes involving parties who actually
reside in barangays of different cities or
municipalities, except:
a. Where the barangay units
adjoin each other; and
b. The parties submit their dispute
to amicable settlement by an
appropriate lupon.
7. Disputes which the President may
determine in the interest of justice; and
8. Where one of the parties is a juridical
entity.

Q: When may a party directly file an action in


court notwithstanding that said action falls within
the authority of the lupon ng tagapamayapa?
A: A party may directly file an action in court in the
following instances:
1.
2.

3.

4.
5.
6.
7.

8.
9.

Where the accused is under police


custody or detention;
Where the person has otherwise been
deprived of personal liberty calling for
habeas corpus proceeding;
Where the actions are coupled with
provisional remedies such as preliminary
injunction, attachment, delivery of
personal property, and support pendente
lite;
Where the action may otherwise be
barred by the statute of limitations;
Labor disputes;
CARL disputes;
Any class of dispute which the President
may determine in the interest of justice or
upon recommendation of the Secretary of
Justice;
Disputes involving the traditions of
indigenous cultural communities; and
Actions to annul judgment upon a
compromise.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE
Facultad de Derecho Civil
VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

373

UST GOLDEN NOTES 2011


E. EXECUTION
Q: What is the effect of amicable settlement and
arbitration award?
A:
GR: The amicable settlement and arbitration
award shall have force and effect of a final
judgment of a court upon the expiration of 10
days from the date thereof, unless repudiation
of the settlement has been made or a petition
to nullify the award has been filed before the
proper city or municipal court.
XPN: the compromise settlement agreed upon
by the parties before the lupon chairman or the
pangkat chairman involving court cases which
fall under the last paragraph of Sec. 408 shall be
submitted to the court and upon approval
thereof, have the force and effect of a judgment
of said court (Sec. 416).
Q: How is the arbitration award complied with?
A: The parties, may, at any stage of the arbitration
proceedings, agree in writing that they shall abide
by the arbitration award of the lupon chairman or
the pangkat chairman. Such agreement to arbitrate
may be repudiated within 5 days from the date
thereof on the grounds stated in Sec. 418. The
arbitration award shall be made after the lapse of
the period of repudiation and 10 days thereafter.
Q: Within what period shall the arbitration award
be enforced?
A: It may be enforced by execution by the lupon
within 6 months from date of settlement. After the
lapse of such time, the settlement may be enforced
by action in the appropriate city or municipal court
(Sec. 417).
F. REPUDIATION
Q: What may be the grounds for repudiating the
amicable settlement?
A: Any party to the dispute may within 10 days
from the date of the settlement, repudiate the
same by filing with the lupon chairman a statement
to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or
intimidation. Such repudiation shall be sufficient
basis for the issuance of the certification for filing a
complaint as hereinabove provided (Sec. 418).

374

REMEDIAL LAW TEAM:


ADVISER: JUDGE MYRA B. QUIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.;
SUBJECT HEAD: ANGELI P. ALBAA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO,
MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,
KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR
R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES

RULE OF PROCEDURE FOR SMALL CLAIM CASES


IX. RULE OF PROCEDURE FOR SMALL CLAIM CASES
(AM No. 08-8-7-SC)

2.

For damages arising from any of the


following:
a. Fault or negligence;
b. Quasi-contracts; and
c.
Contracts.

3.

The enforcement of a barangay amicable


settlement or an arbitration award
involving a money claim covered by this
rule pursuant to Sec. 417 of the Local
Government Code of 1991 (Sec. 4).

Q: What is the Rule of Procedure for Small Claims


Cases?
A: It is a special rule of procedure adopted by the
Supreme Court pursuant to its rule-making power
under Sec. 5(5), Art. VIII of the 1987 Constitution, to
govern small claims cases and is to be piloted in
designated first level courts (MTC, MTCC, and
MCTC). This rule allows a plaintiff to sue a
defendant without the need of a lawyer.

Q: What is the jurisdictional amount for small


claims?

A. SCOPE AND APPLICABILITY OF THE RULE


Q: What is the scope of this Rule?
A: The Rule governs the procedure in actions for
money claims before the Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts where the
value of the claim does not exceed One Hundred
Thousand Pesos (P100,000.00), exclusive of interest
and costs.
Q: In what actions does the rule on small claims
apply? (Applicability)
A:
1.

2.

3.

Those which are purely civil in nature


where the claim or relief prayed for by
the plaintiff is solely for payment or
reimbursement of sum of money;
The civil aspect of criminal actions either
filed before the institution of the criminal
action or reserved upon the filing of a
criminal action in court, pursuant to Rule
111 of the Revised Rules of Criminal
Procedure (Sec. 4); and
The enforcement of a barangay amicable
settlement or an arbitration award
involving money claims covered by the
Rule, pursuant to Sec. 417 of the Local
Government Code of 1991.

Q: What should the claims or demands consist of?


A: The claims or demands may be:
1.

For money owed under any of following:


a. Contract of lease;
b. Contract of loan;
c. Contract of services;
d. Contract of sale; or
e. Contract of mortgage.

A: The value of the claim prayed for must not


exceed one hundred thousand pesos (P100,000.00)
exclusive of interest and costs (Sec. 2).
B. COMMENCEMENT OF SMALL CLAIMS ACTION;
RESPONSE
Q: How does one start a small claims case?
A: The plaintiff must first accomplish a verified
Statement of Claim and certify the information
provided, stating that he has not filed any action
involving the very same issue in any other court,
tribunal or agency through a verification and
certification of non-forum shopping.
The Statement of Claim must be accompanied by
certified duplicate photocopies of all supporting
documents.
The plaintiff then files the Statement of Claim with
its accompanying documents with the office of the
clerk of court of the small claims court, personally
or through mail, and pays the correct docket and
filing fees prescribed under Rule 141 of the Revised
Rules of Court (Sec. 5).
If one is an indigent, he may apply to the small
claims court to qualify as an indigent, and once
qualified, he is exempt from payment of such fees
(Sec. 8).
Note: In no case shall a party, even if declared an
indigent, be exempt from the payment of P1,000.00
fee for service of summons and processes in civil cases
(Sec. 8).

Plaintiff may join in a single statement of claim one


or more separate small claims against a defendant
provided that the total amount claimed, exclusive
of interest and costs, does not exceed 100,000 (Sec.
6).

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE
Facultad de Derecho Civil
VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

375

UST GOLDEN NOTES 2011


Q: When should the defendant file a response?
A: The defendant shall file with the court and serve
on the plaintiff a duly accomplished and verified
response within a non-extendible period of ten (10)
days from receipt of summons.
The response shall be accompanied by certified
photocopies of documents, as well as affidavits of
witnesses and other evidence in support thereof.
No evidence shall be allowed during the hearing
which was not attached to or submitted together
with the Response, unless good cause is shown for
the admission of additional evidence (Sec. 11).

raised in the same case. Otherwise, it will be barred


(Sec.13).
C. PROHIBITED PLEADINGS AND MOTIONS
Q: What are the prohibited pleadings, motions and
petitions?
A:
1.

Motion to dismiss the complaint except


on the ground of lack of jurisdiction;
2. Motion for a bill of particulars;
3. Motion for new trial, or for
reconsideration of a judgment, or for
reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file
pleadings, affidavits, or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or
prohibition against any interlocutory
order issued by the court;
8. Motion to declare the defendant in
default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints; and
12. Interventions (Sec. 14).

Q: Instead of filing a response, can a defendant file


a motion to dismiss the claim?
A: No. The filing of a motion to dismiss instead of a
response is prohibited, except on ground of lack of
jurisdiction.
Q: What is the effect if the defendant failed to file
a response within the required period?
A: The court by itself shall render judgment as may
be warranted by the facts alleged in the Statement
of Claims limited to what is prayed for. The court
however, may, in its discretion reduce the amount
of damages for being excessive or unconscionable
(Sec. 12).

D. APPEARANCES
Q: Who are required to appear at the hearing?

Q: Are counterclaims allowed under this rule?


A: Yes. If at the time the action is commenced, the
defendant in his Response may file as counterclaim
a claim against the plaintiff that:
1.
2.

3.
4.

is within the coverage of this Rule,


exclusive of interest and costs;
arises out of the same transaction or
event that is the subject matter of the
plaintiffs claim;
does not require for its adjudication the
joinder of third parties; and
is not a subject of another pending action
(Sec. 13).

Note: The defendant may also elect to file a


counterclaim against the plaintiff that does not arise
out of the same transaction or occurrence, provided
that the amount and nature thereof are within the
coverage of this Rule and the prescribed docket and
other legal fees are paid.

A: The parties shall appear at the hearing personally


or through a representative they may authorize
under a Special Power of Attorney to enter into an
amicable settlement, to submit to Judicial Dispute
Resolution (JDR) and to enter into stipulations or
admissions of facts and of documentary exhibits
(Sec. 16).
Note: Appearance through a representative must be
for a valid cause. The representative of an individualparty must not be a lawyer, and must be related to or
next-of-kin of the individual-party. Juridical entities
shall not be represented by a lawyer in any capacity
(Sec. 16).

Q: What is the effect of non-appearance of a


party?
A:
1.
2.

Q: What happens when a defendant fails to


include a counterclaim in his/her Response?

If the plaintiff does not appear, the claim


shall be dismissed without prejudice.
If the defendant does not appear, the
effect will be the same as failure to file a
Response.

A: If the counterclaim is compulsory, it must be

376

REMEDIAL LAW TEAM:


ADVISER: JUDGE MYRA B. QUIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.;
SUBJECT HEAD: ANGELI P. ALBAA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO,
MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,
KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR
R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES

RULE OF PROCEDURE FOR SMALL CLAIM CASES


3.

If both parties do not appear, the claim


and counterclaim shall be dismissed with
prejudice (Sec. 18).

Note: This shall not apply where one of two or more


defendants who are sued under a common cause of
action and have pleaded a common defense appears
at the hearing.

Q: Are lawyers allowed at the hearing?


A: No, lawyers are not allowed to appear at the
hearing unless they are the plaintiff or the
defendant. However, since the process is still a legal
process, the parties and their authorized
representatives can still consult with a lawyer to
assist them to prepare for the hearing or for other
matters outside the hearing (Sec. 17).

A: The rule does not preclude a party from filing a


petition for certiorari under Rule 65 when there is
grave abuse of discretion amounting to lack or
excess of jurisdiction in relation to a judgment in a
small claims action (such a petition is prohibited
with regard to interlocutory orders).
Further, the aggrieved party can also file an action
for annulment of judgment when the requirements
under the Rules of Civil Procedure are complied
with.

Q: Who is allowed to assist a party who cannot


properly present his claim or defense?
A: The court, in its discretion, may allow another
individual who is not a lawyer to assist the party
(Sec. 17).
E. HEARING; DUTY OF THE JUDGE
Q: When is postponement of a hearing allowed?
A: It may be granted only upon proof of the physical
inability of the party to appear before the court on
the scheduled date and time. A party may avail of
only 1 postponement (Sec. 19).
Q: What is the duty of the Judge?
A: At the beginning of the court session, the judge
shall read aloud a short statement explaining the
nature, purpose and the rule of procedure of small
claims cases. (Sec. 20)
F. FINALITY OF JUDGMENT
Q: Is an appeal of a decision allowed?
A: No. A decision in small claims cases is final and
unappealable (Sec. 23). The declaration that the
decision is final and unappealable is in line with the
nature of small claims which is designed to preclude
unmeritorious appeals that result in long drawn
litigation for cases of this nature, pursuant to the
Supreme Courts constitutional mandate to enact
rules of procedure.
Q: What then is the remedy of a party when the
decision is final and unappealable?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE
Facultad de Derecho Civil
VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

377

UST GOLDEN NOTES 2011


X. RULES OF PROCEDURE FOR ENVIRONMENTAL
CASES (AM No. 09-6-78-SC)

(t)
(u)

A. SCOPE AND APPLICABILITY OF THE RULE


Q: What is the scope of the Rule on Environmental
Cases?
A: These Rules shall govern the procedure in civil,
criminal and special civil actions before the Regional
Trial Courts, Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Courts involving enforcement
or violations of environmental and other related
laws, rules and regulations such as but not limited
to the following:
(a) Act No. 3572, Prohibition Against Cutting
of Tindalo, Akli, and Molave Trees;
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
(e) P.D. No. 1067, Water Code;
(f) P.D. No. 1151, Philippine Environmental
Policy of 1977;
(g) P.D. No. 1433, Plant Quarantine Law of
1978;
(h) P.D.
No.
1586,
Establishing
an
Environmental Impact Statement System
Including
Other
Environmental
Management Related Measures and for
Other Purposes;
(i) R.A. No. 3571, Prohibition Against the
Cutting, Destroying or Injuring of Planted
or Growing Trees, Flowering Plants and
Shrubs or Plants of Scenic Value along
Public Roads, in Plazas, Parks, School
Premises or in any Other Public Ground;
(j) R.A. No. 4850, Laguna Lake Development
Authority Act;
(k) R.A. No. 6969, Toxic Substances and
Hazardous Waste Act;
(l) R.A. No. 7076, Peoples Small-Scale
Mining Act;
(m) R.A. No. 7586, National Integrated
Protected Areas System Act including all
laws, decrees, orders, proclamations and
issuances establishing protected areas;
(n) R.A. No. 7611, Strategic Environmental
Plan for Palawan Act;
(o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights
Act;
(q) R.A. No. 8550, Philippine Fisheries Code;
(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste
Management Act;

378

(v)
(w)
(x)
(y)

R.A. No. 9072, National Caves and Cave


Resource Management Act;
R.A. No. 9147, Wildlife Conservation and
Protection Act;
R.A. No. 9175, Chainsaw Act;
R.A. No. 9275, Clean Water Act;
R.A. No. 9483, Oil Spill Compensation Act
of 2007; and
Provisions in C.A. No. 141, The Public Land
Act; R.A. No. 6657, Comprehensive
Agrarian Reform Law of 1988; R.A. No.
7160, Local Government Code of 1991;
R.A. No. 7161, Tax Laws Incorporated in
the Revised Forestry Code and Other
Environmental Laws (Amending the
NIRC); R.A. No. 7308, Seed Industry
Development Act of 1992; R.A. No. 7900,
High-Value Crops Development Act; R.A.
No. 8048, Coconut Preservation Act; R.A.
No. 8435, Agriculture and Fisheries
Modernization Act of 1997; R.A. No. 9522,
The Philippine Archipelagic Baselines Law;
R.A. No. 9593, Renewable Energy Act of
2008; R.A. No. 9637, Philippine Biofuels
Act; and other existing laws that relate to
the
conservation,
development,
preservation, protection and utilization of
the environment and natural resources.
(Sec. 2, Rule 1)
B. CIVIL PROCEDURE

1. PROHIBITION AGAINST TEMPORARY


RESTRAINING ORDER AND PRELIMINARY
INJUNCTION
Q: Can a court issue a writ of preliminary
injunction or temporary restraining order preclude
the government from enforcing environmental
laws or prevent violations thereof?
A: As a general rule, no court can issue a TRO or
writ of preliminary injunction against lawful actions
of
government
agencies
that
enforce
environmental laws or prevent violations thereof.
The Supreme Court is the only court which can
issue such orders. (Sec. 10, Rule 2)
Q: Can a court issue a writ of preliminary
injunction or temporary restraining order preclude
the government from enforcing environmental
laws or prevent violations thereof?
A: As a general rule, no court can issue a TRO or
writ of preliminary injunction against lawful actions
of
government
agencies
that
enforce
environmental laws or prevent violations thereof.

REMEDIAL LAW TEAM:


ADVISER: JUDGE MYRA B. QUIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.;
SUBJECT HEAD: ANGELI P. ALBAA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO,
MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,
KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR
R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES


The Supreme Court is the only court which can
issue such orders. (Sec. 10, Rule 2)
2. PRE-TRIAL CONFERENCE; CONSENT DECREE

receipt of the TEPO by the party or person


enjoined. Within said period, the court where the
case is assigned, shall conduct a summary hearing
to determine whether the TEPO may be extended
until the termination of the case.

Q: When may a judge issue a consent decree?


A: The judge may issue a consent decree approving
the agreement between the parties in accordance
with law, morals, public order and public policy to
protect the right of the people to a balanced and
healthful ecology. (Sec. 5, Rule 3)
Note: Evidence not presented during the pre-trial,
except newly discovered evidence, shall be deemed
waived. (Section 5, Rule3)

Q: What is the duty of the judge during the pretrial conference?

NOTE: The court where the case is assigned, shall


periodically monitor the existence of acts that are the
subject matter of the TEPO even if issued by the
executive judge, and may lift the same at any time as
circumstances may warrant. (Sec. 8, Rule 2)

Q: Is the applicant required to post a bond?


A: No. The applicant shall be exempted from the
posting of a bond for the issuance of a TEPO. (Sec.
8, Rule 2)
5. JUDGMENT AND EXECUTION; RELIEFS IN A
CITIZENS SUIT

A:
1. Put the parties and their counseld under
oath and they shall remain under oath in all
pre-trial conferences.
2. Exert best efforts to persuade parties to
arrive at an amicable settlement.
3. Issue a consent decree
3. PROHIBITED PLEADINGS AND MOTIONS
Q: What are the prohibited pleadings and motions
under this Rules Civil Procedure?
A:
1.
2.
3.

4.
5.
6.

Motion to dismiss the complaint;


Motion for a bill of particulars;
Motion for extension of time to file
pleadings, except to file answer, the
extension not to exceed fifteen (15) days;
Motion to declare the defendant in
default;
Reply and rejoinder; and
Third party complaint. (Sec. 2, Rule 2)

4. TEMPORARY ENVIRONMENTAL PROTECTION


ORDER (TEPO)
Q: When should a Temporary Environmental
Protection order be issued?
A: If it appears from the verified complaint with a
prayer for the issuance of an Environmental
Protection Order (EPO) that the matter is of
extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the executive judge
of the multiple sala court before raffle or the
presiding judge of a single-sala court as the case
may be, may issue ex parte a TEPO effective for
only seventy-two (72) hours from date of the

Q: What are the reliefs in a citizen suit?


A: If warranted, the court may grant to the plaintiff
proper reliefs which shall include the protection,
preservation or rehabilitation of the environment
and the payment of attorneys fees, costs of suit
and other litigation expenses.
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
to contribute to a special trust fund for that
purpose subject to the control of the court. (Sec. 1,
Rule 5)
Q: Can a judgment be stayed by appeal?
A: As a general rule, no. Any judgment directing the
performance of acts for the protection,
preservation or rehabilitation of the environment
shall be executory pending appeal unless restrained
by the appellate court. (Sec. 2, Rule 5)
Q: When is there a need to refer to a
commissioner?
A; The court may motu proprio, or upon motion of
the prevailing party, order that the enforcement of
the judgment or order be referred to a
commissioner to be appointed by the court. The
commissioner shall file with the court written
progress reports on a quarterly basis or more
frequently when necessary. (Sec. 4, Rule 5)
Q: When shall the judgment be deemed executed?
A: The process of execution shall terminate upon a
sufficient showing that the decision or order has
been implemented to the satisfaction of the court

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE
Facultad de Derecho Civil
VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

379

UST GOLDEN NOTES 2011


in accordance with Section 14, Rule 39 of the Rules
of Court. (Sec. 5, Rule 5)
6. PERMANENT ENVIRONMENTAL PROTECTION
ORDER; WRIT OF CONTINUING MANDAMUS
Q: When may the court convert a TEPO to a
permanent EPO? When may the court issue a writ
of continuing mandamus?
A: In the judgment, the court may convert the TEPO
to a permanent EPO or issue a writ of continuing
mandamus directing the performance of acts which
shall be effective until the judgment is fully
satisfied.
Note: The court may, by itself or through the
appropriate government agency, monitor the
execution of the judgment and 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. (Sec. 3, Rule 5)

7. STRATEGIC LAWSUIT AGAINST PUBLIC


PARTICIPATION
Q: What is a Strategic Lawsuit Against Public
Participation (SLAPP)?
A: It is a legal action filed to harass, vex, exert
undue pressure or stifle 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. (Sec. 1, Rule 6)
Q: Can the defendant raise SLAPP as a legal
defense?
A: Yes, the defendant may file an answer
interposing as a defense that the case is a SLAPP
and shall be supported by documents, affidavits,
papers and other evidence; and, by way of
counterclaim, pray for damages, attorneys fees and
costs of suit. (Sec. 1, Rule 6)
NOTE: The plaintiff has 5 days (non-extendible) from
receipt of notice that an answer has been filed to
refute such defense. The court will then set a hearing
after issuance of the order to file an opposition within
fifteen (15) days from filing of the comment or the
lapse of the period. (Sec. 1, Rule 6)

A: It is summary. The parties must submit all


available evidence in support of their respective
positions. (Sec. 3, Rule 6)
Q: What is the quantum of proof required?
A: The party 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. The 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. (Sec. 3, Rule 6)
Q: How many days does the court have to resolve
the issue?
A: Within 30 days, the court shall resolve the
question of SLAPP. (Sec. 3, Rule 6)
Q: What is the effect of the dismissal of the
action?
A: If the court dismisses the action, the court may
award damages, attorneys fees and costs of suit
under a counterclaim if such has been filed. The
dismissal shall be with prejudice. (Sec 4)
Q: What happens to the evidenced adduced during
the summary hearing on the defense of SLAPP in
case the court rejects such defense?
A: It shall be treated as evidence of the parties on
the merits of the case. (Sec. 4)
Q: Can SLAPP be raised as a defense in criminal
cases?
A: Yes. The accused may file a motion to dismiss
based on SLAPP upon the filing of an information in
court and before arraignment. (Sec. 1, Rule 19)
Q: When may a court grant the motion of the
accused?
A: The court shall grant the motion if the accused
establishes in the summary hearing that the
criminal case has been filed with intent to harass,
vex, exert undue pressure or stifle 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. (Sec. 3, Rule 19)

Q: What is the nature of the hearing on the


defense of a SLAPP?

380

REMEDIAL LAW TEAM:


ADVISER: JUDGE MYRA B. QUIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.;
SUBJECT HEAD: ANGELI P. ALBAA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO,
MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,
KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR
R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES


Q: What if the court denies the motion?
A: The court shall immediately proceed with the
arraignment of the accused. (Sec. 3, Rule 19)
C. SPECIAL PROCEEDINGS

Note: witnesses having personal knowledge of the


violation or threatened violation of environmental law.
(Sec. 12 (a), Rule 7)

1. WRIT OF KALIKASAN

Q: What does the ocular inspection order contain?

Q: What is the Writ of Kalikasan?


A: It is a special 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. (Sec. 1, Rule 7)
2. PROHIBITED PLEADINGS AND MOTIONS
Q: What are the prohibited pleadings and
motions?
A:
1.
2.
3.
4.
5.
6.
7.
8.

Motion to dismiss;
Motion for extension of time to file
return;
Motion for postponement;
Motion for a bill of particulars;
Counterclaim or cross-claim;
Third-party complaint;
Reply; and
Motion to declare respondent in default.
(Sec. 9, Rule 7)
3. DISCOVERY MEASURES

Q: What are the interim reliefs available to the


petitioner upon verified motion?
A:
1.
2.

cities or provinces. It shall state in detail the place


or places to be inspected.

Ocular inspection; or
Production or inspection of documents or
things. (Sec. 12, Rule 7)

Q: How is an ocular inspection order granted?


A: 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

A: 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. (Sec. 12(a), Rule
7)
Q: What must the motion asking for the issuance
of a production order or inspection of documents
A: 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.
Q: What must the production order state?
A: 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.
Note: 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. (Sec.
12(b), Rule 7)

4. WRIT OF CONTINUING MANDAMUS


Q: When may an aggrieved party file a verified
petition for the issuance of a writ of continuing
mandamus?
A:
1.

When any agency or instrumentality of


the government or officer thereof to
perform such actswho 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

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE
Facultad de Derecho Civil
VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

381

UST GOLDEN NOTES 2011

2.

regulation or a right therein, or unlawfully


excludes another from the use or
enjoyment of such right.
When there is no other plain, speedy and
adequate remedy in the ordinary course
of law. (Sec. 1, Rule 8)

Q: What should the verified petition contain?


A:
1.
2.
3.

4.
5.

Allegation of facts
Specific allegation that it concerns an
environmental law, rule or regulation
Prayer that judgment be rendered
commanding the respondent to do an act
or series of acts until the judgment is fully
satisfied
Prayer for damages sustained due to
malicious neglect to perform legal duties
Sworn
certification
of
non-forum
shopping.

Note: Supporting documents mush be attached.


(Sec. 1, Rule 8)

Q: Where should the petition be filed?


A: 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 2, Rule 8)
Q: Are docket fees required to be paid?
A: No, the petitioner is exempt from payment of
docket fees. (Sec. 3, Rule 8)
Q: What does the court do if the petition is
sufficient in form and substance?
A: The court shall issue the writ and require the
respondent to comment on the petition within 10
days from receipt of a copy thereof. (Sec. 4, Rule 8)

2.

Grant a TEPO for the preservation of the


rights of the parties pending such
proceedings. (Sec. 5, Rule 8)

Q: What is the nature of the hearing?


A: It is summary in nature. The court, after the
comment is filed or the time for the filing thereof
has expired, shall require the parties to submit
memoranda. (Sec. 6, Rule 8)
Q: When should the petition be resolved?
A: The petition shall be resolved without delay
within sixty (60) days from the date of the
submission of the petition for resolution. (Sec. 6,
Rule 8)
Q: Can the court still grant the privilege of the writ
of continuing mandamus?
A: Yes, 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.
(Sec. 7, Rule 8)
Q: What shall the court do to ensure compliance
with the judgment?
A: 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. (Sec. 7, Rule 8)
Q: Can the petitioner intervene even after
promulgation of judgment?
A: Yes, the petitioner may submit its comments or
observations on the execution of the judgment.
(Sec. 7, Rule 8)

Q: How shall the order to comment be served?


A: The 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.
(Sec. 4, Rule 8)

Q: What must the respondent do to evidence


compliance with the judgment?
A: Submit periodic reports detailing such
compliance. It shall be contained in partial returns
of the writ. (Sec. 8, Rule 8)

Q: How may the court expedite the proceedings?


Q: When must a final return of the writ be made to
the court?

A:
1.

382

Issue such orders to expedite the


proceedings; and

A: Upon full satisfaction of judgment. (Sec. 8, Rule


8)

REMEDIAL LAW TEAM:


ADVISER: JUDGE MYRA B. QUIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.;
SUBJECT HEAD: ANGELI P. ALBAA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO,
MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,
KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR
R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES


A:
Note: If the court finds that judgment has been fully
implemented, the satisfaction of judgment shall be
entered in the court docket. (Sec. 8, Rule 8)

1.

D. CRIMINAL PROCEDURE

2.

1. WHO MAY FILE


Q: Who may file a criminal complaint under this
Rule?
A: Any offended party, peace officer or any public
officer charged with the enforcement of an
environmental law. (Sec. 1, Rule 9)
2. INSTITUTION OF CRIMINAL AND CRIMINAL
ACTION
Q: Can the complainant institute a civil action for
recovery of damages separately from the criminal
action?
A: Yes.
1.

2.

Complainant can institute civil action for


recovery of damages before the criminal
action.
Complainant can reserve right to
separately institute the civil action from
the criminal action.

Individuals deputized by the proper government


agency who are enforcing environmental laws shall
enjoy the presumption of regularity under Section
3(m), Rule 131 of the Rules of Court when effecting
arrests for violations of environmental laws. (Sec. 1,
Rule 11)
4. PROCEDURE IN THE CUSTODY AND DISPOSITION
OF SEIZED ITEMS
Q: What procedure takes place in the absence of
applicable laws or rules promulgated by the
concerned government agency?
A:
1.

NOTE: Complainant may waive this right.


(Sec 1, Rule 10)

Q: When should the reservation be made?

2.

A: During arraignment except when the civil action


has been instituted prior to the criminal action. (Sec
1, Rule 10)
Q: To whom are the damages awarded?
A: The private offended party. If there is none, the
damages less the filing fees, shall accrue to the
funds of the agency charged with the
implementation of the environmental law violated.
(Sec. 1, Rule 10)

3.

Q: What is the purpose of the award for damages?


A: It shall be used for the restoration and
rehabilitation of the environment adversely
affected. (Sec. 1, Rule 10)

4.

3. ARREST WITHOUT WARRANT, WHEN VALID


Q: When is an arrest without a warrant lawful?

When, in his presence, the person to be


arrested has committed, is actually
committing or is attempting to commit an
offense; or
When an offense has just been
committed, and he has probable cause to
believe based on personal knowledge of
facts or circumstances that the person to
be arrested has committed it.

5.

The apprehending officer having initial


custody and control of the seized items,
equipment, paraphernalia, conveyances
and instruments shall physically inventory
and whenever practicable, photograph
the same in the presence of the person
from whom such items were seized.
Thereafter, the apprehending officer shall
submit to the issuing court the return of
the search warrant within five (5) days
from date of seizure or in case of
warrantless arrest, submit within five (5)
days from date of seizure, the inventory
report, compliance report, photographs,
representative samples and other
pertinent documents to the public
prosecutor for appropriate action.
Upon motion by any interested party, the
court may direct the auction sale of seized
items, equipment, paraphernalia, tools or
instruments of the crime. The court shall,
after hearing, fix the minimum bid price
based on the recommendation of the
concerned government agency. The
sheriff shall conduct the auction.
The auction sale shall be with notice to
the accused, the person from whom the
items were seized, or the owner thereof
and the concerned government agency.
The notice of auction shall be posted in
three conspicuous places in the city or
municipality where the items, equipment,

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE
Facultad de Derecho Civil
VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

383

UST GOLDEN NOTES 2011

6.

paraphernalia, tools or instruments of the


crime were seized.
The proceeds shall be held in trust and
deposited
with
the
government
depository bank for disposition according
to the judgment. (Sec. 2, Rule 12)

6. ARRAIGNMENT AND PLEA


Q: When shall the court set the arraignment of the
accused?
A: Within 15 days from the time it acquires
jurisdiction over the accused. (Sec. 1, Rule 15)

5. BAIL
Q: Where must bail be filed?
A: It is filed with the court where the case is
pending, or in the absence or unavailability of the
judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge or
municipal circuit trial judge in the province, city or
municipality.
If the accused is arrested in a province, city or
municipality other than where the case is pending,
bail may also be filed with any Regional Trial Court
of said place, or if no judge thereof is available, with
any metropolitan trial judge, municipal trial judge
or municipal circuit trial judge therein. If the court
grants bail, the court may issue a hold-departure
order in appropriate cases. (Sec. 1, Rule 14)
Q: What must the court do before granting the bail
application?
A: The judge must read the information to the
accused in a language known to and understood by
the accused. (Sec. 2, Rule 14)
Q: What are the contents of the written
undertaking which the accused must sign?
A:
1.

2.
3.

384

To appear before the court that issued


the warrant of arrest for arraignment
purposes on the date scheduled, and if
the accused fails to appear without
justification on the date of arraignment,
accused waives the reading of the
information and authorizes the court to
enter a plea of not guilty on behalf of the
accused and to set the case for trial;
To appear whenever required by the
court where the case is pending; and
To waive the right of the accused to be
present at the trial, and upon failure of
the accused to appear without
justification and despite due notice, the
trial may proceed in absentia. (Sec. 2, Rule
14)

NOTE: Notice that plea bargaining will be entertained


on the date of arraignment must be sent to the public
prosecutor, the offended party and the government
agency concerned.

Q: What is the duty of the court when the


prosecution and offended party or concerned
government agency agree to the plea offered by
the accused?
A:
1.
2.
3.

Issue an order which contains the pleabargaining arrived at;


Proceed to receive evidence on the civil
aspect of the case, if any; and
Render and promulgate judgment of
conviction, including the civil liability for
damages. (Sec. 2, Rule 15)
7. PRE-TRIAL

Q: When should the pre-trial conference take


place?
A: It shall take place within 30 days from
arraignment. The court may also refer the case to
the branch clerk of court for preliminary conference
at least 3 days before the pre-trial conference. (Sec.
1, Rule 16)
Q: What are the purposes of the preliminary
conference?
A:
1.
2.
3.
4.

5.
6.

To assist the parties in reaching a


settlement of the civil aspect of the case;
To mark the documents to be presented
as exhibits;
To attach copies thereof to the records
after comparison with the originals;
To ascertain from the parties the
undisputed facts and admissions on the
genuineness and due execution of
documents marked as exhibits;
To consider such other matters as may aid
in the prompt disposition of the case;
To record the proceedings during the
preliminary conference in the Minutes of
Preliminary Conference to be signed by
the parties and counsel;

REMEDIAL LAW TEAM:


ADVISER: JUDGE MYRA B. QUIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.;
SUBJECT HEAD: ANGELI P. ALBAA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO,
MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,
KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR
R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES


7.

8.

To mark the affidavits of witnesses which


shall be in question and answer form and
shall constitute the direct examination of
the witnesses; and
To attach the Minutes and marked
exhibits to the case record before the pretrial proper.

Note: The parties or their counsel must submit to the


branch clerk of court the names, addresses and
contact numbers of the affiants. (Sec. 2, Rule 16)

Q: Can an agreement or admission made or


entered during the pre-trial conference not
reduced into writing and signed by the accused
and counsel be used against the accused?
A: No. (Sec. 5, Rule 16)
Note: The agreements covering the matters referred
to in Section 1, Rule 118 of the Rules of Court shall be
approved by the court.

Q: Should the proceedings be recorded?


Q: What is the duty of the court during pre-trial?
A:
1.
2.

3.

4.
5.

6.

7.

Place the parties and their counsels under


oath;
Adopt the minutes of the preliminary
conference as part of the pre-trial
proceedings, confirm markings of exhibits
or
substituted
photocopies
and
admissions on the genuineness and due
execution of documents, and list object
and testimonial evidence;
Scrutinize the information and the
statements in the affidavits and other
documents which form part of the record
of the preliminary investigation together
with other documents identified and
marked as exhibits to determine further
admissions of facts as to:
i.
The
courts
territorial
jurisdiction relative to the
offense(s) charged;
ii. Qualification
of
expert
witnesses; and
iii. Amount of damages;
Define factual and legal issues;
Ask parties to agree on the specific trial
dates and adhere to the flow chart
determined by the court which shall
contain the time frames for the different
stages of the proceeding up to
promulgation of decision;
Require the parties to submit to the
branch clerk of court the names,
addresses and contact numbers of
witnesses that need to be summoned by
subpoena; and
Consider modification of order of trial if
the accused admits the charge but
interposes a lawful defense. (Sec. 13, Rule
16)

Q: To whom should the questions be directed?


A: The court. (Sec 14, Rule 16)

A: All proceedings during the pre-trial shall be


recorded, the transcripts prepared and the minutes
signed by the parties or their counsels. (Sec. 6, Rule
16)
Q: What does the pre-trial order contain?
A: Within 10 days after termination of the pre-trial,
the court shall issue a pre-trial order containing:
1.
2.
3.
4.
5.
6.

The actions taken during the pre-trial


conference;
The facts stipulated;
The admissions made;
Evidence marked;
Number of witnesses to be presented;
and
Schedule of trial. (Sec. 7, Rule 16)

Note: The order shall bind the parties and control


the course of action during the trial.

8. SUBSIDIARY LIABILITIES
Q: When may subsidiary liability be recovered?
A: Under Art. 102 and 103 of the RPC, liability may
be enforced the person or corporation subsidiarily
liable upon motion of the person entitled to recover
such award in case of conviction of the acused. (Sec
1, Rule 18)
E. EVIDENCE
1. PRECAUTIONARY PRINCIPLE
Q: What is the precautionary principle?
A: The court in upholding the constitutional right of
the people to a balanced and healthful ecology shall
give the evidence presented the benefit of the
doubt even when there is a lack of full scientific
certainty in establishing a causal link between
human activity and the environmental effect. (Sec.
1, Rule 20)

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE
Facultad de Derecho Civil
VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

385

UST GOLDEN NOTES 2011


Q: What are the factors that the courts may
consider in applying the precautionary principle?
A:
1.
2.
3.

Threats to human life or health;


Inequity to present or future generations;
or
Prejudice to the environment without
legal consideration of the environmental
rights of those affected. (Sec. 2, Rule 20)
2. DOCUMENTARY EVIDENCE

Q: When are photographs, videos and other


similar evidence admissible under this Rule?
A: Photographs, videos and similar evidence of
events, acts, transactions of wildlife, wildlife byproducts or derivatives, forest products or mineral
resources subject of a case shall be admissible
when authenticated by the person who took the
same, by some other person present when said
evidence was taken, or by any other person
competent to testify on the accuracy thereof. (Sec.
1, Rule 21)
Q: Are entries in official records prima facie
evidence of the facts stated therein?
A: Yes. (Sec 2, Rule 21)

386

REMEDIAL LAW TEAM:


ADVISER: JUDGE MYRA B. QUIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.;
SUBJECT HEAD: ANGELI P. ALBAA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO,
MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,
KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR
R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES