Você está na página 1de 4

WRIT OF KALIKASAN  Natural or juridical person, entity authorized by law, people’s

organization, non-governmental organization, or any public


What are the bases for issuing writ of kalikasan? interest group accredited by or registered with any
 1987 Constitution government agency on behalf of persons;
o Article 2 Sec. 16, “The state shall advance the right  whose constitutional right to a balanced and healthful
of the people to a balanced and healthful ecology in ecology is violated, or threatened with violation;
accordance with the rhythm and harmony of nature”  by an unlawful act or omission of a public official or
o Article 2 Sec. 15, “The state shall protect and employee, or private individual or entity;
promote the right to health of the people and instill  involving environmental damage of such magnitude as to
health consciousness among them.” prejudice the life, health or property of inhabitants in two or
 Environmental Justice more cities or provinces.
 Inter-generational Responsibility (Oposa v. Factoran)
Why is there a need for accreditation of a group or organization?
What are the main issues considered by the Supreme Court The requirement of accreditation of a group or organization is for
Committee which affects the prosecution of environmental the purpose of verifying its existence. The accreditation is a
cases? mechanism to prevent “fly by night” groups from abusing the writ.
 whether to relax the rule on "locus standi” to encourage
more citizens to file suits involving violations of the country's What are the contents of a petition for Writ of Kalikasan?
environmental laws;  Personal circumstances of the petitioner;
 the delay in the disposition of pending environmental cases;  Name and personal circumstances of the respondent, or if
and name is unknown or uncertain, an appellation for him;
 the problem of procuring evidence and crafting effective  The environmental law violated;
remedies.  The act or omission complained of;
 The environmental damage of such magnitude as to
What are the objectives of Writ of Kalikasan? prejudice the health, life or property of inhabitants in two or
 For protection and promotion of constitutional right to a more cities or provinces;
balanced and healthful ecology;  All relevant or material evidence;
 For simplified, speedy and inexpensive procedure in the  Certification of petitioner under oath that:
enforcement of environmental rights and duties;  He has not commenced any action involving the same issue;
 To introduce and adopt innovations in ensuring the effective  If there is a pending action, the present status thereof;
enforcement of remedies and redress for violation of  If he should learn that the same claim has been filed or is
environmental laws; and pending, he should report such fact within 5 days from
 To enable the courts to monitor and exact compliance with knowledge thereof to the court;
orders and judgments in environmental cases.  The reliefs prayed for.

What are some features of the Writ of Kalikasan? Where is it filed?


 First of its kind in the WORLD. With the Supreme Court or with any station of the Court of
 Special Civil Action Appeals
 Rule 7 of A.M. No. 09-6-8-SC: Rules of Procedure for
Environmental Cases (Effective April 29, 2010) Why is the petition filed in the Supreme Court or the Court of
 A remedial measure that may be granted by the courts upon Appeals?
the request of a person or a group whose constitutional right  The magnitude of the environmental damage is the reason
to a healthy environment is violated for limiting where the writ may be filed, to the Supreme Court
or Court of Appeals whose jurisdiction is national in scope.
What is the nature of a writ of kalikasan?
It is an extraordinary remedy with the underlying emphasis on the How much is the docket fee?
magnitude as it deals with damage that transcends political and The petitioner is EXEMPT from paying docket fees
territorial boundaries.
What is the rationale of the exemption from the payment of
How is magnitude measure?
docket fees?
Magnitude is measured according to the qualification set forth in
The exemption from payment of docket fees is consistent with the
the Rule – when there is environmental damage that prejudices
character of the reliefs available under the writ, which excludes
the life, liberty or property of inhabitants in two or more cities or
damages for personal injuries. This exemption also encourages
provinces.
public participation in availing of the remedy.

Give several instances wherein the SC issued Writ of Kalikasan.


How is the writ issued?
 Protected Area Mgt. Board to refrain from issuing clearances
Within 3 days from the filing of the petition, if the petition is
for fish cage operations in Taal Lake;
sufficient in form and substance, the court shall order:
 government to answer a petition seeking to stop mining
 Issuing the writ;
operations in the Zamboanga Peninsula;
 Requiring the respondent to file a verified return.
 Placer Dome and Barric Gold to clean up the toxic waste that
The Clerk of Court shall issue the writ.
spilled into the Boac River in Marinduque in 1996;
 Baguio City government to cease and desist from using the
How is the writ served?
Irisan dump facility either as a holding or staging area or as
It is served personally or by substituted service by the court officer
controlled area for all kinds of solid wastes;
or any person deputized by the court, who shall retain a copy on
 Rehabilitating the Manila Bay by cleaning-up the river veins
which to make the return of service.
connected to the bay; and
 Stopping FPIC from operating the 117-kilometer Batangas-to-
What if the court officers refuse to issue or serve the writ?
Manila oil pipeline after it leaked sometime in 2010.
They will be punished with contempt without prejudice to other
administrative, civil, or criminal action.
Who can file a petition for Writ of Kalikasan? (PVU EP)
When should the respondent file a verified return? The discovery measures are available to a party in the case.
Within a non-extendible period of ten (10) days after service of
the writ. What should be alleged in the motion for an “ocular inspection?”
 The motion must show that an ocular inspection order is
What are the contents of the return? necessary to establish the magnitude of the violation or the
 All defenses to show that respondent did not violate or threat as to prejudice the life, health or property of
threaten to violate, or allow the violation of any inhabitants in two or more cities or provinces.
environmental law, rule or regulation or commit any act  It shall state in detail the place or places to be inspected.
resulting to environmental damage of such magnitude  It shall be supported by affidavits of witnesses having
as to prejudice the life, health or property of inhabitants personal knowledge of the violation or threatened violation of
in two or more cities or provinces. environmental law.
 Affidavits of witnesses
 documentary evidence What are the contents of the “ocular inspection order?”
 scientific or other expert studies After hearing, the court may order any person in possession or
 object evidence, if possible control of a designated land or other property to permit entry for
the purpose of inspecting or photographing the property or any
What is the effect if respondent will not raise all his defenses in relevant object or operation thereon. The order shall specify the
the return? person or persons authorized to make the inspection and the
All defenses not raised in the return shall be deemed waived. date, time, place and manner of making the inspection and may
prescribe other conditions to protect the constitutional rights of all
What is the effect of a general denial? parties.
A general denial of allegations in the petition shall be considered
as an admission thereof. What should be alleged in the motion for “production or
inspection of documents or things?”
What are the prohibited pleadings and motions? The motion must show that a production order is necessary to
 Motion to dismiss; establish the magnitude of the violation or the threat as to
 Motion for extension of time to file return; prejudice the life, health or property of inhabitants in two or more
 Motion for postponement; cities or provinces.
 Motion for a bill of particulars;
 Counterclaim or cross-claim; What are the contents of the “production or inspection order of
 Third-party complaint; documents or things?”
 Reply; and After hearing, the court may order any person in possession,
 Motion to declare respondent in default. custody or control of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, or
What is the purpose of providing for prohibited pleadings and objects in digitized or electronic form, which constitute or contain
motions? evidence relevant to the petition or the return, to produce and
The purpose of prohibiting certain pleadings and motions is to permit their inspection, copying or photographing by or on behalf
expedite the hearing of the petition. of the movant. The production order shall specify the person or
persons authorized to make the production and the date, time,
Is a motion for intervention prohibited?
place and manner of making the inspection or production and
NO. A motion for intervention is excluded from the enumeration.
may prescribe other conditions to protect the constitutional rights
Allowing this motion is a reaffirmation of the public participation
of all parties.
aspect of the writ of kalikasan since there may be a large,
qualified pool of possible representatives interested in availing of
the remedy. What are the limits on the issuance of the discovery measures?
Considering that these measures are invasive, the court may
What is the effect for failure to file a return? prescribe conditions in any order granting such measures to
The court shall proceed to hear the petition ex parte safeguard constitutional rights.

What are the matters taken up in a preliminary conference? Who may be punished for indirect contempt?
 Simplification of issues The court may after hearing punish the respondent who refuses
 determination of the possibility of obtaining stipulations or or unduly delays the filing of a return, or who makes a false
admissions from the parties; return, or any person who disobeys or resists a lawful process or
 setting up the petition for hearing order of the court for indirect contempt under Rule 71 of the
Rules of Court.
What is the duration of the preliminary conference and hearing?
The hearing and preliminary conference shall not extend beyond What are the contents of the order of the court submitting the
sixty (60) days and shall be given the same priority as petitions case for decision?
The court may require the filing of memoranda and if possible, in
for the writs of habeas corpus, amparo and habeas data.
its electronic form, within a non-extendible period of 30 days from
the date the petition is submitted for decision.
What is the nature of the hearing?
The environmental damage subject of the writ may involve issues What is the purpose of requiring the filing of memoranda in
that are of a complex character, and for this reason, the hearing is electronic form?
not summary. The abbreviated time frame required, however, The court’s discretion in requiring the filing of memoranda in
insures that the proceedings are expedited electronic form if possible is for the purpose of expediting the
proceedings.
What are the discovery measures available?
The discovery measures available include “ocular inspection” and What is the procedure in rendering judgment?
“production or inspection of documents or things.”
 After hearing, the court shall issue an order submitting the
How can the discovery measures be availed of? case for decision.
The discovery measures may be availed of by the filing of a ◦ The court may require the filing of memoranda and if
verified motion. possible, in its electronic form, within a non-extendible
Who can avail of the discovery measures?
period of thirty (30) days from the date the petition is
submitted for decision.
 Within sixty (60) days from the time the petition is submitted Yes. The filing of a petition for the issuance of the writ of kalikasan
for decision, the court shall render judgment granting or shall not preclude the filing of separate civil, criminal or
denying the privilege of the writ of kalikasan. administrative actions.

WRIT OF CONTINUING MANDAMUS


What are the reliefs that may be granted under the writ of
kalikasan?
What is the writ of continuing mandamus?
 Directing respondent to permanently cease and desist from
Continuing mandamus is a writ issued in an environmental case
committing acts or neglecting the performance of a duty in
directing any agency or instrumentality of the government or
violation of environmental laws resulting in environmental
officer thereof to perform an act or series of acts decreed by final
destruction or damage;
judgment which shall remain effective until judgment is dully
 Directing the respondent public official, government agency,
satisfied.
private person or entity to protect, preserve, rehabilitate or
restore the environment;
 Directing the respondent public official, government agency, What are the grounds for the issuance of the writ of continuing
private person or entity to monitor strict compliance with the mandamus?
decision and orders of the court;  When any agency or instrumentality of the government or
 Directing the respondent public official, government agency, officer thereof unlawfully neglects the performance of an act
or private person or entity to make periodic reports on the which the law specifically enjoins as a duty resulting from an
execution of the final judgment; and office, trust or station in connection with the enforcement or
 Such other reliefs which relate to the right of the people to a violation of an environmental law rule or regulation or a right
balanced and healthful ecology or to the protection, therein.
preservation, rehabilitation or restoration of the environment,  When any agency or instrumentality unlawfully excludes
except the award of damages to individual petitioners. another from the use or enjoyment of such right.

Are the reliefs available exclusive? Where should the petition be filed?
The reliefs that may be granted under the writ are broad, The petition shall be filed with the Regional Trial Court exercising
comprehensive and non-exclusive. The reliefs regarding jurisdiction over the territory where the actionable neglect or
monitoring and periodic reports ensure enforcement of the omission occurred or with the Court of Appeals or the Supreme
judgment of the court. Court.

What is the remedy in case an adverse judgment was rendered? What are some characteristics of the procedure for the issuance
The remedy is to appeal to the Supreme Court under Rule 45 of of the writ of continuing mandamus?
the Rules of Court within fifteen (15) days from the date of notice  The petitioner shall be exempt from the payment of docket
of the adverse judgment or denial of motion for reconsideration.
fees.
The appeal may raise questions of fact.
 Proceedings shall be summary in nature
Can a question of fact be raised on appeal?
 Orders expediting the proceedings or a Temporary
Given the extraordinary nature of circumstances surrounding the
Environmental Protection Order for protection of the rights of
issuance of a writ of kalikasan, this section allows an appeal to
the parties may be granted by the court.
raise questions of fact and thus constitutes an exception to Rule
45 of the Rules of Court.  The petition shall be resolved without delay within sixty (60)
days from the date of the submission of the petition for
May a party institute separate actions? resolution.

Summary and Comparative Table


with any government agency, on
Writ of Continuing behalf of persons whose right to a
Writ of Kalikasan balanced and healthful ecology is
Mandamus
violated or threatened to be
violated.
A Writ of Kalikasan is available Respon The respondent in a petition for
A Writ of Continuing Mandamus is
against an unlawful act or The respondent may be a private continuing mandamus is only the
directed against dent
omission of a public official or individual or entity. government or its officers
(a) the unlawful neglect in the
employee, or private individual or
performance of an act which the law
entity, involving environmental Docket
specifically enjoins as a duty resulting Exempted Exempted
damage of such magnitude as to
Subject from an office, trust or station in Fees
prejudice the life, health or
Matter connection with the enforcement or
property
violation of an environmental law rule
of inhabitants in two or more cities A petition for the issuance of a Writ of
or regulation or a right therein; or
or provinces. In addition, Continuing Mandamus may be filed in
(b) the unlawfully exclusion of another Given the magnitude of the
magnitude of environmental the following: (a) the Regional Trial
from the use or enjoyment of such damage, the application for the
damage is a condition sine qua Court exercising jurisdiction over the
right and in both instances, there is no issuance of a Writ of Kalikasan
non in a petition for the issuance territory where the actionable neglect
other plain, speedy and adequate can only be filed in Supreme Court
of a Writ of Kalikasan and must be or omission occurred; (b) the Court
remedy in the ordinary course of law. Venue or any of the stations of the Court
contained in the verified petition. of Appeals; or (c) the Supreme Court.
Who A petition for the issuance of a Writ A Writ of Continuing Mandamus is of Appeals.
may file of Kalikasan is available to a broad available only to one who is
range of persons such as natural personally aggrieved by the unlawful
or juridical person, entity act or omission.
authorized by law, people’s
organization, non-governmental
organization, or any public interest
group accredited by or registered
of Kalikasan consistent with the
public-interest character of the
The Rule on the Writ of Kalikasan
petition. A party who avails of this neglect of the performance of the
incorporates the procedural
Discovery personal petition but who also wishes to be legal duty of the respondent, identical
environmental right of access to The Rule on the Writ of Continuing
Measure injury indemnified for injuries suffered to Rule 65, Rules of Court.
information through the use of Mandamus does not contain any
may file another suit for the
discovery measures such as provision for discovery measures
recovery of damages since the
ocular inspection order and
Rule on the Writ of Kalikasan
production order.
allows for the institution of
separate actions.
Damages No damages may be awarded in a The Writ of Continuing Mandamus
for petition for the issuance of a Writ allows damages for the malicious

Sources:

A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases

Annotation to the Rules of Procedure for Environmental Cases

http://www.scribd.com/doc/84320250/Writ-of-Kalikasan by Ms.
Cheryl Daytec-Yangot

http://www.abs-cbnnews.com/nation/01/31/10/sc-rushes-
promulgation-rules-writ-kalikasan

http://www.manilatimes.net/index.php/opinion/columnist1/17649-
we-need-a-law-on-environmental-remediation