Change of RTC of plaintiffs Record on Once a week for It approves the agreement made by the parties in

name residence for 3 appeal 3 weeks accordance with law, morals, public order, and public
years policy to protect right to balanced and healthful
ecology
Manila: Juvenile
and Domestic What are the prohibited pleadings and motions?
relations court o 1. Motion to dismiss complaint
Correction or RTC with Record on Once a week for o 2. Motion for bill of particulars
cancellation jurisdiction over appeal 3 weeks o 3. Motion for extension of time to file pleadings
place of registry Except to file an answer, where at most 15 days can
Clerical or LCR where Civil Registrar Once a week for be given
typographical record is, General 2 weeks o 4. Motion to declare defendant in default
error 9048 LCR of (affidavit
o 5. Reply and rejoinder
residence, or published)
Phil. consulate if o 6. Third party complaint
nonresident What is a Temporary Environmental Protection Order (TEPO)?
o It is issued when the matter is of extreme urgency and
applicant will suffer from grave injustice or irreparable injury
o Who may issue it?
ENVIRONMENTAL CASES Executive judge of multi-sala court or presiding judge
of a single-sala court
o How is it issued?
Ex-parte
What is the scope and applicability of the rule?
o How long is it effective?
o Involves all civil, criminal, and special proceedings cases
72 hours from date of receipt, unless there is
pending before courts involving enforcement and violation of all
summary hearing within the period to determine
environmental and related laws
whether the TEPO should be extended until the end
o Ex. Forestry code, Water code, Sanitation code, LLDA act,
of the case
Toxic substances and hazardous waste act, IPRA, Mining act,
o When can a TEPO be dissolved?
Fisheries code, Clean Air act, Chainsaw act, etc.
If it appears after the hearing that its issuance or
Civil Procedure continuance would cause irreparable damage to the
party enjoined, and the applicant can be
What is the rule on TROs? compensated adequately
o Except for the SC, no court can issue a TRO or preliminary How is the applicant compensated?
injunction against lawful acts of government agencies The enjoined party has to file a bond
enforcing environmental laws What reliefs can the court grant in a citizen suit?
What happens in pre-trial? o 1. Proper reliefs including protection, preservation, or
o The parties are under oath in all PTCs. rehabilitation of the environment
o The judge must exert best effort to arrive at a settlement of the o 2. Payment of attorneys fees, costs of suit, litigation expenses
dispute. o 3. Require violator to submit program for rehab or restoration
o What is a consent decree? of the environment

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 Costs borne by the violator 3. A) Environmental law, rule, or regulation violated or
o 4. Require violator to contribute to a special trust fund for that threatened to be violated, and B) the act or omission
purpose complained of, and C) the environmental damage of
What is a PEPO and writ of continuing mandamus? such magnitude as to affect life, property, or health of
o It is a permanent Environmental Protection order. The court inhabitants in two or more cities or provinces
can convert a TEPO into a PEPO. 4. Evidence to be presented
o The court can also issue a writ of continuing mandamus which 5. CNFS
requires performance of certain acts effective until judgment is 6. Reliefs prayed for
fully satisfied o Where filed?
o How can the court monitor this? CA or SC
Can require continuing reports to be filed o What are the prohibited pleadings and motions?
What is a SLAPP? 1. MTD
o It is a Strategic Lawsuit Against Public Participation a legal 2. Motion for extension of time to file a return
action filed to vex, harass, exert undue pressure, or stifle any 3. Motion for postponements
legal recourse that a person, institution, or the government has 4. Motion for BOP
taken or is taking to enforce environmental laws 5. Counterclaim or cross-claim
o What is the relevance of this? 6. Third-party complaint
When a suit is filed against the aforementioned 7. Reply
persons, they can launch the defense that the suit is a 8. Motion to declare respondent in default
SLAPP and the court will have the plaintiff prove that o What are the discovery measures that a party may file in a
its not verified motion?
5 days for plaintiff to respond, and summary hearing 1. Ocular inspection
within 15 days from comment or expiration of the 5 2. Production or inspection of documents and things
day period What are these for?
To establish magnitude of the violation or
Special proceedings threat
What is a writ of continuing mandamus?
What is a Writ of Kalikasan? o See above this can also be a relief under special
o Remedy available to natural/juridical person or entity proceedings to enjoin a government agency or instrumentality
authorized by law, PO, NGO, or registered public interest to perform in connection with a law preserving or protecting the
group, on behalf of persons whose right to a balanced and environment
healthful ecology has been violated or threatened with violation
involving environmental damage of such magnitude as to Criminal procedure
prejudice life, health, or property of inhabitants in two or more
cities or provinces Who may file?
o Contents of the petition? o Any offended party, peace officer, or public officer charged with
1. Name and personal circumstances of petitioner enforcement of environmental law
2. Name and personal circumstances of respondent, Rule on institution of criminal and civil actions?
or his assumed appellation

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 o Same rule as usual; civil is deemed filed along with the criminal
unless waived, reserved, or filed ahead
When can there be arrest without warrant?
o 1. In flagrante delicto
o 2. Offense has just been committed and he has probable
cause to believe based on personal knowledge that the person
arrested just committed it
Does the presumption of regularity apply here?
Yes, for individuals deputized by government
to enforce environmental laws
What is the procedure for custody and disposition of seized items?
o In accordance with laws or rules by the government agency
concerned. If none, follow the default rules:
o 1. Inventory and photograph where seized
o 2. Submit to court within 5 days of issuance of search warrant
or from seizure if warrantless arrest
o 3. Auction sale of seized items upon motion of any interested
party
Notice to accused, person from whom items were
seized, owner thereof, government agency concerned
Posted in three conspicuous public places in the city
or municipality where seized
Proceeds held in trust and deposited with authorized
government bank until disposition
What is the rule on bail?
o 1. Bail filed where case is pending
o 2. If the judge is unavailable, with any RTC or MTC judge in
the province, city, or municipality
o 3. If arrested in any city, province, or municipality other than
where the case is filed can file bail with any RTC of said
place, or if none, with any MTC judge
What happens in arraignment?
o It is set within15 days from acquisition of jurisdiction over the
accused, with notice to the public prosecutor and offended
party, or government agency that it will enter into plea-
bargaining on the date of arraignment
o What happens when the prosecution and offended party
agree to the plea bargain of the accused?
1. Court issues order containing the plea-bargain
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2. It then receives evidence on the civil aspect of the
case, if any
3. It renders and promulgates judgment of conviction,
including civil liability for damages
What happens in pre-trial?
o 1. Set within 30 days from arraignment
May refer to branch COC for preliminary conference
at least 3 days before pre-trial
o 2. During pre-trial, judge:
Places parties under oath
Adopts minutes of preliminary conference and
confirms markings of exhibits, admission of
documents, etc.
Scrutinizes the information and statements in
affidavits to determine:
Courts territorial jurisdiction as re offenses
Qualification of expert witnesses
Amount of damages
Defines factual and legal issues
Asks parties to agree to specific trial dates
Requires parties to submit to the COC the witnesses
to be subpoenaed
Considers modification of trial order if there is a lawful
defense interposed
o What is the rule on questions?
All questions and statements must be directed to
court
o What is the rule on admissions and agreements, to bind
accused?
Must be signed by accused and counsel
o When is the PTO issued?
Within 10 days from termination of pre-trial
What is the rule on subsidiary liability?
o When the accused is convicted and subsidiary liability is
allowed by law, the court may, upon motion of person entitled
to recover, enforce subsidiary liability against a person or
corporation subsidiarily liable under the RPC
Evidence
 What is the precautionary principle?
o When there is lack of full scientific certainty in establishing a
causal link between human acts and environmental damage,
the burden of proof that it is not harmful falls on those taking
the purportedly harmful action or policy
o What is given the benefit of doubt?
Constitutional right of people to a balanced and
healthful ecology
o What are considered in applying the precautionary
principle?
1. Threats to human life or health
2. Inequity to present or future generations
3. Prejudice to the environment without legal
consideration of the environmental rights of those
affected
What is the rule on documentary evidence?
o 1. Photographic, video, or similar evidence of events, acts,
transactions of wildlife, by-products, or derivatives, forest
products or mineral resources subject of a case are admissible
if authenticated by the person who took the photo, a person
present during its taking, or some other person competent to
authenticate it
o 2. Entries in official records in the performance of duty of a
public officer are prima facie evidence of the facts stated
therein

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