Escolar Documentos
Profissional Documentos
Cultura Documentos
V. Innovations
A. Liberalized standing
1. Minors as parties
2. The unborn as parties
Oposa v. Factoran, 224 SCRA 792 (1993).
1 201213 Hubert Humphrey Fellow, University of Minnesota Law School, Minneapolis, Minnesota;
2009-2011 Open Society Justice Initiative Fellow; Asst. Secretary General for Research and Founding
Member, National Union of Peoples Lawyers, Philippines. A lecturer, human rights activist, litigator,
and poet, Ms. Daytec-Yagot holds B.A.C., LL.B., M.M. and LL.M. degrees.
Arigo v Swift, G.R. No. 206510 (2014)
3. Actio Popularis
See, De Nieuwe Meer Case, SupremeCourt of the Netherlands, 17 June 1986
4. Citizens Suit
Also see: Sec. 41, Philippine Clean Air Act; and Sec. 52, Ecological
Solid Waste Management Law
5. Right of Non-humans to sue
Resident Marine Mammals , v. Secretary, , G.R. No. 180771 ( 2015)
B. Docket fee and TEPO bond
a. For civil environmental cases
b. For Kalikasan cases
Also see, Sec. 41, Philippine Clean Air Act; Sec. 52, RA 9003
C. Summary Proceedings
1. 1year Trial
2. Prohibited Pleadings
3. Affidavits in lieu of Direct Examination
4. Extensive PreTrial; In Criminal Cases
5. Trial in absentia
D. The Use of Precautionary principle
E. Availability of Environmental Protection Order (EPO).
1. Temporary EPO
2. Permanent EPO
3. Compared to PD 1818 and Republic Act No. 8975
F. Prohibition against temporary restraining order (TRO)
and preliminary injunction for government enforcement of envi laws
G. Government consent decree-Requirement of consent by concerned
government agencies in case of plea bargaining
H. Provision on Strategic Legal Action Against Public Participation (SLAPP)
See also, Sec. 53, RA 9003; Sec 43, Clean Air Act
I. Submission of Memoranda through email
B. Defenses, e.g.:
1. Non-exhaustion of administrative remedies
2. Private property rights
3. State immunity from suit
Arigo v Swift, G.R. No. 206510 (2014)
4. No causal link between violation of law and environmental damage
Paje v Casino, G.R. No. 207257 (2015)
5. Another tribunal has primary jurisdiction