RULES OF PROCEDURE

Rule 1-5
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.

Based on Article II section 15 and 16 of the 1987 constitution

Pleadings
Allowed Prohibited
1. Complaint alleging offense 1. Motion to dismiss - Lack of jurisdiction may be included in the
2. Answer- defense of respondent affirmative defense
3. Motion for intervention filed by an interested party who is a 2. Motion for bill of particulars - To make certain allegations clearer
stranger to the case 3. Motion for extension of time to file pleadings except to file and
4. Motion for discovery answer
5. Motion for reconsideration of a judgment 4. Motion to declare defendant in default- The judge will declare
Grounds defendant in default
o Award of damages is excessive 5. Reply and rejoinder - Answers to counter affidavit
o Insufficiency of evidence 6. Third party complaint
o Decision is contrary to law
6. Counterclaim
7. Cross claim filed against a co-party

In highly meritorious cases the following motions and pleadings are allowed (to
prevent miscarriage of justice)
1. Motion for New Trial
Grounds
o If the judgment was based on fraud, accident, mistake,
excusable negligence
o Newly discovered evidence. Provided that:
a. Such evidence was discovered after trial
b. Such evidence could not have been discovered
during trial
c. Such evidence is material in such a manner that if it
is admitted it would probably change the decision
2. Motion for postponement
Base on circumstances beyond the control of the parties (acts
of god)
3. Petition for relief from judgment
 Grounds
o If judgment is based on F.A.M.E.
Must be filed within 60 days after receipt of decision provided
that it does not exceed 6 months from the finality of judgment

Timeline Process
1. Filing of verified complaint Contents
Personal Circumstances of the parties (Names of the parties, their
addresses, the cause of action)
Reliefs prayed for
o Damages
All evidence proving or supporting the cause of action consisting of
the affidavits of witnesses, documentary evidence and if possible,
object evidence
o Affidavits shall be in question and answer form and shall
comply with the rules of admissibility of evidence
Environmental law violated
o If the complaint is not an environmental complaint, the
presiding judge shall refer it to the executive judge for re-
raffle.
Certification of non-forum shopping
Who may file
Any real party in interest
o Natural Persons
o Juridical Persons (Govt. and other entities authorized by law)
o Citizen suit - Any Filipino citizen in representation of others,
including minors or generations yet unborn
Where to file
RTC, MTC, MCTC, MTCC
2. Service of the complaint on Although the government is not a party to the petition the plaintiff is
the government or its required to furnish copy of complaint with the government
agencies Proof of service shall be attached to the complaint
3. Assignment by raffle
4. Issuance of TEPO Grounds for issuance of TEPO
It must be included in the prayer
The matter is of extreme urgency
The applicant will suffer grave injustice and irreparable injury
o Not compensable with money

5. Service of summons, orders
and other court processes to
the respondent
Within 15 days from 6. Filing of verified answer by
receipt of summons the respondent
Life span of TEPO
72 hours from date of receipt by the person enjoined
Court will conduct summary hearing to determine if TEPO will be
extended for 20 days
After 20 days the TEPO may again be extended during the pendency
of the case
Termination of the case it will be determined if TEPO will be
converted to PEPO
Dissolution of TEPO
If TEPO was issued with grave abuse of discretion
If the matter is of extreme urgency
If the person enjoined will suffer grave injustice and irreparable injury
with the continuance of the TEPO
Who serves the summons?
Sheriff or deputy sheriff
Other proper court officers
Counsel or representative of plaintiff (for justifiable reasons)
Other suitable persons authorized by the court
Content
The summons shall be served on the defendant, together with a copy
of an order informing all parties that they have fifteen (15) days from
the filing of an answer, within which to avail of interrogatories to
parties under Rule 25 of the Rules of Court and request for
admission by adverse party under Rule 26, or at their discretion, make
use of depositions under Rule 23 or other measures under Rules 27
and 28.
How served
Personal
Substituted
Summons by publication (Should personal and substituted service
fail)
In the case of juridical entities, summons by publication shall be done
by indicating the names of the officers or their duly authorized
representatives.
Contents
Defendant shall attach affidavits of witnesses, reports, studies of
 experts and all evidence in support of the defense

In case of failure to file a The court will declare the defendant in default
verified answer The plaintiff will then file a motion to be allowed to present evidence ex
parte
Pre Trial
At least 3 days before 1. Pretrial brief Contents
trial (a) A statement of their willingness to enter into an amicable settlement
indicating the desired terms thereof or to submit the case to any of the
alternative modes of dispute
resolution;
(b) A summary of admitted facts and proposed stipulation of
facts;
(c) The legal and factual issues to be tried or resolved. For each factual issue,
the parties shall state all evidence to support their positions thereon. For each
legal issue,
parties shall state the applicable law and jurisprudence supporting their
respective positions thereon;
(d) The documents or exhibits to be presented, including depositions,
answers to interrogatories and answers to written request for admission by
adverse party, stating
the purpose thereof;
(e) A manifestation of their having availed of discovery procedures or their
intention to avail themselves of referral to a commissioner or panel of
experts;
(f) The number and names of the witnesses and the substance of their
affidavits;
(g) Clarificatory questions from the parties; and
(h) List of cases arising out of the same facts pending before other courts or
administrative agencies.
Failure to file pre trial brief is deemed to have the same effect as failure to
appear during pre trial
Failure to comply with the required contents of a pre-trial brief may be a
ground for contempt.
Effect of failure to appear at pre-trial.The court shall not dismiss the
complaint, except upon repeated and unjustified failure of the plaintiff to
appear. The dismissal shall be without prejudice, and the court may proceed
with the counterclaim.

2. Pre Trial conference
3. Preliminary conference
4. Pretrial proper
10 days after 5. Issuance of Pretrial order
termination of pretrial
2 months continuous 1. Trial
trial (may be extended
for justifiable reasons)
2. Submission for decision
If the defendant fails to appear at the pre-trial, the court shall receive
evidence ex parte.
To be held one moth from the filing of the last pleading
The court shall schedule as many Pre-trial and set as many pre-trial
conferences as may be necessary within a period of two months counted
from the date of the first pre-trial conference
Referral to mediation at the start of pretrial conference if there is no
settlement between parties
Philippine mediation Center
Branch clerk of court
Legal researcher for mediation
o Mediation to be conducted for a period not exceeding
30 days (non-extendable)
o Mediation report must be submitted within 10 days
after expiration of 30 day mediation period
If mediation fails, the court will schedule the continuance of the pre-trial.
Before the scheduled date of continuance, the court may refer the case to the
branch clerk of court for a preliminary conference.
Done at the office of the branch clerk of court
Purpose
Determination of issues
Marking of evidence and identification of witnesses
Determination of trial dates
Adopt the minutes of the Pretrial conference
Done in open court
The pretrial order contains all actions taken, facts stipulated and admissions
made during pre trial. This will serve as a limit to the matters that will be
taken up during the trial
Trial
1 day witness rule
Affidavits in lieu of direct examination
The court has 1 year to try and decide the case
Within 60 Within 30 3. Submission of
days after days after memoranda if required
submission submission
of case for of case for
decision decision
4. Decision

Judgment
Grant petition Grant reliefs prayed for
Protection, preservation, rehabilitation and restoration of
environment
Payment of attorneys fees and other litigation expenses
Require violator to submit a program for rehabilitation and
restoration of environment
o Special trust fund
Issuance of PEPO or writ of continuing mandamus
Monitoring of compliance with judgment by the court or by appropriate
agency
Return of writ of execution upon compliance with judgment
Deny petition