Natural Resources & Environmental Law Notes d.m.g.

Notes on Agcaoili ; Lectures by Atty. Tambiac UC Law – JD 2021

RULES OF PROCEDURE FOR Akli, and Molave Trees; (u) R.A. No. 9147, Wildlife Conservation and Protection Act;
ENVIRONMENTAL CASES (b) P.D. No. 705, Revised Forestry Code; (v) R.A. No. 9175, Chainsaw Act;
Based on two constitutional provisions: (c) P.D. No. 856, Sanitation Code; (w) R.A. No. 9275, Clean Water Act;
1. Art II, Sec 15 – right to health, instill health (d) P.D. No. 979, Marine Pollution Decree; (x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
consciousness
(e) P.D. No. 1067, Water Code; (y) Provisions in C.A. No. 141, The Public Land Act; R.A.
2. Art II, Sec 16 – balanced & healthful ecology No. 6657, Comprehensive Agrarian Reform Law of 1988;
(f) P.D. No. 1151, Philippine Environmental Policy of
Covers three actions: R.A. No. 7160, Local Government Code of 1991; R.A. No.
1977;
7161, Tax Laws Incorporated in the Revised Forestry Code
1. civil action (Rules 1-6) (g) P.D. No. 1433, Plant Quarantine Law of 1978; and Other Environmental Laws (Amending the NIRC); R.A.
Courts with jurisdiction: RTC & MTCs (includes No. 7308, Seed Industry Development Act of 1992; R.A. No.
(h) P.D. No. 1586, Establishing an Environmental Impact
MeTC, MTCC, MCTC) 7900, High-Value Crops Development
Statement System Including Other Environmental
2. special civil action (7-8) Management Related Measures and for Other Purposes; Rules of Procedure for Environmental Cases Act; R.A.
No. 8048, Coconut Preservation Act; R.A. No. 8435,
3. criminal action (9-22) (i) R.A. No. 3571, Prohibition Against the Cutting,
Agriculture and Fisheries Modernization Act of 1997; R.A.
Destroying or Injuring of Planted or Growing Trees,
No. 9522, The Philippine Archipelagic Baselines Law; R.A.
Background: Flowering Plants and Shrubs or Plants of Scenic Value
No. 9593, Renewable Energy Act of 2008; R.A. No. 9637,
along Public Roads, in Plazas, Parks, School Premises or
• End-product of valuable inputs from the Forum Philippine Biofuels Act; and other existing laws that relate to
in any Other Public Ground;
on environmental justice held through the conservation, development, preservation, protection and
simultaneous video-conferencing in Baguio (j) R.A. No. 4850, Laguna Lake Development Authority utilization of the environment and natural resources.
City, Iloilo City and Davao City in 2009 Act;
Section 3. Objectives. - The objectives of these Rules are:
• Approved on April 13, 2010 by SC under the (k) R.A. No. 6969, Toxic Substances and Hazardous
(a) To protect and advance the constitutional right of the
leadership of CJ Puno; took effect April 29, Waste Act;
people to a balanced and healthful ecology;
2010
(l) R.A. No. 7076, People’s Small-Scale Mining Act;
(b) To provide a simplified, speedy and inexpensive
• Landmark rules of procedure on environmental
(m) R.A. No. 7586, National Integrated Protected Areas procedure for the enforcement of environmental rights and
cases pertaining to the protection, preservation
System Act including all laws, decrees, orders, duties recognized under the Constitution, existing laws, rules
and rehabilitation of natural resources
proclamations and issuances establishing protected areas; and regulations, and international agreements;
PART I (c) To introduce and adopt innovations and best practices
(n) R.A. No. 7611, Strategic Environmental Plan for
RULE 1: GENERAL PROVISIONS Palawan Act; ensuring the effective enforcement of remedies and redress
for violation of environmental laws; and
Section 1. Title. — These Rules shall be known as "The (o) R.A. No. 7942, Philippine Mining Act;
Rules of Procedure for Environmental Cases." (d) To enable the courts to monitor and exact compliance
(p) R.A. No. 8371, Indigenous Peoples Rights Act; with orders and judgments in environmental cases.
Section 2. Scope. — These Rules shall govern the procedure
(q) R.A. No. 8550, Philippine Fisheries Code;
in civil, criminal and special civil actions before the OBJECTIVES (P-P-I-E)
Regional Trial Courts, Metropolitan Trial Courts, Municipal (r) R.A. No. 8749, Clean Air Act;
Trial Courts in Cities, Municipal Trial Courts and Municipal a. protect & advance right to BHE
(s) R.A. No. 9003, Ecological Solid Waste Management
Circuit Trial Courts involving enforcement or violations of b. provide a SSI procedure
Act;
environmental and other related laws, rules and regulations
such as but not limited to the following: (t) R.A. No. 9072, National Caves and Cave Resource c. introduce & adopt innovations & best practices
Management Act; d. monitor & exact compliance
(a) Act No. 3572, Prohibition Against Cutting of Tindalo,
Natural Resources & Environmental Law Notes d.m.g.
Notes on Agcaoili ; Lectures by Atty. Tambiac UC Law – JD 2021

Section 4. Definition of Terms. - By-product – it is any part taken or substance (b) institution;
extracted from wildlife, in raw or in processed (c) government agency;
(a) By-product or derivatives means any part taken or
form, including stuffed animals and herbarium (d) local government unit; or
substance extracted from wildlife, in raw or in processed
specimens. (e) officials and employees of (c) or (d)
form including stuffed animals and herbarium specimens.
Mineral – all naturally occurring inorganic with the intent to HVEUS harass, vex, exert undue
(b) Consent decree refers to a judicially-approved settlement
substance in solid, gas, liquid, or any intermediate pressure or stifle any legal recourse that such
between concerned parties based on public interest and
state excluding energy materials such as coal, person, institution or government agency has taken or
public policy to protect and preserve the environment.
petroleum, natural gas, radioactive materials and may take in the enforcement of environmental laws,
(c) Continuing mandamus is a writ issued by a court in an geothermal energy. protection of the environment or assertion of
environmental case directing any agency or instrumentality environmental rights.
Wildlife – wild forms and varieties of flora and
of the government or officer thereof to perform an act or
fauna, in all developmental stages including those Precautionary principle – when human activities
series of acts decreed by final judgment which shall remain
which are in captivity or are being bred or may lead to threats of serious and irreversible
effective until judgment is fully satisfied. propagated. damage to the environment that is scientifically
(d) Environmental protection order (EPO) refers to an order plausible but uncertain, actions shall be taken to
issued by the court directing or enjoining any person or avoid or diminish that threat.
government agency to perform or desist from performing an Remedies, etc
act in order to protect, preserve or rehabilitate the
environment. Consent decree – judicially-approved settlement PART II: CIVIL PROCEDURE
between concerned parties based on public interest
(e) Mineral refers to all naturally occurring inorganic and public policy to protect and preserve the RULE 2: PLEADINGS AND PARTIES
substance in solid, gas, liquid, or any intermediate state environment.
Section 1. Pleadings and motions allowed. — The pleadings
excluding energy materials such as coal, petroleum, natural
Continuing mandamus – writ issued by a court in and motions that may be filed are complaint, answer which
gas, radioactive materials and geothermal energy.
an environmental case directing any: may include compulsory counterclaim and cross-claim,
(f) Precautionary principle states that when human activities motion for intervention, motion for discovery and motion for
may lead to threats of serious and irreversible damage to the (a) agency or instrumentality of the reconsideration of the judgment.
environment that is scientifically plausible but uncertain, government;or
(b) or officer of any agency/instrumentality Motion for postponement, motion for new trial and petition
actions shall be taken to avoid or diminish that threat.
for relief from judgment shall be allowed in highly
(g) Strategic lawsuit against public participation (SLAPP) to perform an act or series of acts decreed by final meritorious cases or to prevent a manifest miscarriage of
refers to an action whether civil, criminal or administrative, judgment which shall remain effective until judgment justice.
brought against any person, institution or any government is fully satisfied.
Section 2. Prohibited pleadings or motions. — The
agency or local government unit or its officials and EPO – an order issued by the court directing or following pleadings or motions shall not be allowed:
employees, with the intent to harass, vex, exert undue enjoining any: (a) person; or (b) government agency
pressure or stifle any legal recourse that such person, to perform or desist from performing an act in order (a) Motion to dismiss the complaint;
institution or government agency has taken or may take in to protect, preserve or rehabilitate the (b) Motion for a bill of particulars;
the enforcement of environmental laws, protection of the environment.
environment or assertion of environmental rights. (c) Motion for extension of time to file pleadings, except to
• It performs a similar function as a prohibitory file answer, the extension not to exceed fifteen (15) days;
(h) Wildlife means wild forms and varieties of flora and or mandatory injunction, but an EPO
fauna, in all developmental stages including those which are specifically applies to environmental cases (d) Motion to declare the defendant in default;
in captivity or are being bred or propagated.
SLAPP – an action whether civil, criminal or (e) Reply and rejoinder; and
administrative, brought against any PIGLO: (f) Third party complaint.
TERMS (a) person;
Natural Resources & Environmental Law Notes
Notes on Agcaoili ; Lectures by Atty. Tambiac
Pleadings/motions
A. Allowed (C-A-MI-MD-MR)
1. complaint – a pleading alleging the plaintiff's
cause of action or causes of action
It must contain a concise statement of the
ultimate facts constituting the:
a. cause of action of plaintiff; and
b. reliefs prayed for
2. answer which may include compulsory
counterclaim and cross-claim
answer – a pleading in which a defending
party sets forth his defenses
counterclaim – any claim which a defending prevent a manifest miscarriage of justice:
party may have against an opposing party; (MP-MN-PR)
alleged in the answer but is not part of the
answer; it is a distinct and independent cause
of action; it may be :
a. compulsory – arises out of ir in
connection with the transaction or
occurrence constituting the subject matter
of the opposing party's claim and doesn't
require the presence of third parties for its
adjudication; may not be answered)
b. permissive – must be answered; doesn't
arise from the same transaction or
occurence of the subject matter
cross-claim – any claim by one party against a
co-party arising out of the transaction or
occurrence that is the subject matter either of
the original action or of a counterclaim.
3. motion for intervention - only a stranger can
intervene; allowed to broaden public
participation in the enforcement of environment
laws
A person, not party to the case who has legal
interest on the litigation or so situated as to be
adversely affected; must be with leave of court;
must be filed before rendition of judgment
4. motion for discovery – under the Roc:
a. despositions pending action (Rule 23)
b. depositions before action or pending
appeal (Rule 24)
c. interrogatories to parties (Rule 25)
d. admission by adverse party (Rule 26)
e. production or inspection of documents or
things (Rule 27)
f. physical and mental examination of
persons (Rule 28)
B. Allowed in highly meritorious cases, to
1. motion for postponement
Usual ground: acts of God (e.g. during
pretrial where the schedule of hearings is
fixed; the lawyer cannot attend by reason of Rationale: to comply with the objective of the Rules to
a landslide, etc)
2. motion for new trial
When: within the period of taking the
appeal; where the party doesn't agree with
the judgment or partially disagrees
Grounds:
a. fraud, accident, mistake, excusable
negligence which ordinary prudence could
not have guarded against
b. newly discovered evidence which could
probably alter the result; requisites:
(i) evidence was discovered after trial
(ii) such evidence couldn't have have
discovered and produced, with
reasonable prudence and diligence
(iii) material, not merely corrobative;
such that if admitted, it would probably
d.m.g.
UC Law – JD 2021
change the judgment
3. motion for reconsideration of the judgment
When: within the period of taking an appeal
Grounds:
a. award of damages is exessive
b. insuffiency of evidence to justify
decision/final order
c. decision/final order is contrary to law
4. petition for relief from judgment
Ground: judgment was entered through fraud,
accident or damage
When: Must be filed before 60 days from
knowledge, not to exceed 6 months from
finality of judgment
C. Prohibited: (MD-MB-MDD-RR-3PC)
speedy and expedient disposition of cases
1. Motion to dismiss the complaint
What then is a party's remedy when he wants
the civil caseagainst him to be dismissed?
-Make it a part of his affirimative defense
2. Motion for a bill of particulars
3. Motion for extension of time to file pleadings,
except to file answer, the extension not to
exceed fifteen (15) days
4. Motion to declare the defendant in default
-available when the defendant fails to file an
answer; but this is prohibited in environmental
cases because this is not a function of the
complainant; it is the function of the court to
declare defendant in default
5. Reply and rejoinder
6. Third party complaint
Natural Resources & Environmental Law Notes d.m.g.
Notes on Agcaoili ; Lectures by Atty. Tambiac UC Law – JD 2021

Section 3. Verified complaint. — The verified complaint description of the cause of action and the reliefs prayed Service of copy of complaint to gov't
shall contain the names of the parties, their addresses, the for, requiring all interested parties to manifest their agency
cause of action and the reliefs prayed for. interest to intervene in the case within fifteen (15) days
from notice thereof. The plaintiff may publish the order It is mandatory for the plaintiff to notify the proper
The plaintiff shall attach to the verified complaint all
once in a newspaper of a general circulation in the agency of the government.
evidence proving or supporting the cause of action
Philippines or furnish all affected barangays copies of
consisting of the affidavits of witnesses, documentary • The DENR is the primary agency charged with
said order.
evidence and if possible, object evidence. The affidavits the enforcement of environmental laws.
shall be in question and answer form and shall comply with Citizen suits filed under R.A. No. 8749 and R.A. No.
the rules of admissibility of evidence. 9003 shall be governed by their respective provisions. • The OSG, being the law office/legal
representative of the government, should also
The complaint shall state that it is an environmental case and Locus standi be served with a copy of the complaint.
the law involved. The complaint shall also include a
Section 7. Assignment by raffle. - If there is only one (1)
certification against forum shopping. If the complaint is not Civil actions (involving the enforcement or
designated branch in a multiple-sala court, the executive
an environmental complaint, the presiding judge shall refer it violation of any environmental law) – filed by any
to the executive judge for re-raffle. person (natural or juridical) with real interest judge shall immediately refer the case to said branch. If there
including the government and jurididcal entities are two (2) or more designated branches, the executive judge
Verified Complaint shall conduct a special raffle on the day the complaint is
Who is a real party? filed.
Contents of complaint
1. a party who stands to be benefitted by the Section 8. Issuance of Temporary Environmental Protection
1. personal circumstances (names of the parties, judgment in the suit; or Order (TEPO). - If it appears from the verified complaint
their addresses) with a prayer for the issuance of an Environmental Protection
2. a party entitled to the avails of the suit.
2. law violated Order (EPO) that the matter is of extreme urgency and the
Who is a “necessary party”? applicant will suffer grave injustice and irreparable injury,
3. affidavits of witnesses
• One who is not indispensable, but who the executive judge of the multiple-sala court before raffle or
4. cert against forum shopping ought to be joined as a party if complete the presiding judge of a single-sala court as the case may be,
relief is to be accorded to those already may issue ex parte a TEPO effective for only seventy-two
5. cause of action
parties, or for the complete determination or (72) hours from date of the receipt of the TEPO by the party
6. reliefs prayed for settlement of the claim subject of the action or person enjoined. Within said period, the court where the
case is assigned, shall conduct a summary hearing to
Attachments Citizen suits – filed by Filipino citizen (individual or determine whether the TEPO may be extended until the
corporation) in representation of others, including termination of the case.
1. affidavits of witnesses – in Q&A form
minors or generations yet unborn; filed for all types
2. documentary evidence of environmental cases The court where the case is assigned, shall periodically
monitor the existence of acts that are the subject matter of the
3. object evidence if possible • It is filed in public interest, so no proof of TEPO even if issued by the executive judge, and may lift the
personal injury is required. same at any time as circumstances may warrant.
Section 4. Who may file. — Any real party in interest,
including the government and juridical entities authorized by The applicant shall be exempted from the posting of a bond
law, may file a civil action involving the enforcement or
Section 6. Service of the complaint on the government or for the issuance of a TEPO.
violation of any environmental law.
its agencies. - Upon the filing of the complaint, the Section 9. Action on motion for dissolution of TEPO. - The
Section 5. Citizen suit. — Any Filipino citizen in plaintiff is required to furnish the government or the grounds for motion to dissolve a TEPO shall be supported by
representation of others, including minors or generations yet appropriate agency, although not a party, a copy of the affidavits of the party or person enjoined which the applicant
unborn, may file an action to enforce rights or obligations complaint. Proof of service upon the government or the may oppose, also by affidavits.
under environmental laws. Upon the filing of a citizen suit, appropriate agency shall be attached to the complaint.
the court shall issue an order which shall contain a brief The TEPO may be dissolved if it appears after hearing that
Natural Resources & Environmental Law Notes d.m.g.
Notes on Agcaoili ; Lectures by Atty. Tambiac UC Law – JD 2021

its issuance or continuance would cause irreparable damage date of receipt of the TEPO by the party enjoined. Section 11. Report on TEPO, EPO, TRO or preliminary
to the party or person enjoined while the applicant may be injunction. - The judge shall report any action taken on a
Hearing
fully compensated for such damages as he may suffer and TEPO, EPO, TRO or a preliminary injunction, including its
subject to the posting of a sufficient bond by the party or • Within the 72-hour period, the court where modification and dissolution, to the Supreme Court, through
person enjoined. (if TEPO was issued with grave abuse of the case is assigned will conduct a the Office of the Court Administrator, within ten (10) days
discretion) summary hearing to determine whether to from the action taken.
EPO extend to TEPO until the termination of the Section 12. Payment of filing and other legal fees. - The
case payment of filing and other legal fees by the plaintiff shall be
It is an order issued by the court directing or enjoining
• This requirement is fundamental. Failure to deferred until after judgment unless the plaintiff is allowed to
any person or government agency to perform or desist
comply is not only gross ignorance of rules litigate as an indigent. It shall constitute a first lien on the
from performing an act in order to protect, preserve or
and procedure, but also an outright denial of judgment award.
rehabilitate the environment.
• It performs a similar function as a prohibitory or due process to the party/ies. For a citizen suit, the court shall defer the payment of filing
mandatory injunction, but an EPO specifically • Dissolution and other legal fees that shall serve as first lien on the
applies to environmental cases judgment award.
• If, after hearing, it would appear that the
TEPO TEPO would instead cause irreparable Section 13. Service of summons, orders and other court
damage to the adverse party (enjoined by processes. - The summons, orders and other court processes
The procedure for its issuance stems from the same
the TEPO) while the applicant may be fully may be served by the sheriff, his deputy or other proper court
procedure for the issuance of a TRO.
compensated for such damages he may officer or for justifiable reasons, by the counsel or
• A TEPO integrates both prohibitive and suffer, then the party enjoined may post a representative of the plaintiff or any suitable person
mandatory reliefs in order ro appropriately bond and the TEPO may be dissolved. authorized or deputized by the court issuing the summons.
address the factual circumstances surrounding Any private person who is authorized or deputized by the
the case. Section 10. Prohibition against temporary restraining
order (TRO) and preliminary injunction. - Except the court to serve summons, orders and other court processes
• It is a remedy availble in both civil and criminal Supreme Court, no court can issue a TRO or writ of shall for that purpose be considered an officer of the court.
actions. It is also available under the writ of preliminary injunction against lawful actions of The summons shall be served on the defendant, together with
kalikasan or of continuing mandamus as a government agencies that enforce environmental laws or a copy of an order informing all parties that they have fifteen
relief or means of expediting the proceedings prevent violations thereof. (15) days from the filing of an answer, within which to avail
and preserving rights. of interrogatories to parties under Rule 25 of the Rules of
TRO & Writ of Preliminary Injuction
Who issues it? Court and request for admission by adverse party under Rule
• Only the Supreme Court may issue these 26, or at their discretion, make use of depositions under Rule
• Executive judge of a multi-sala court before 23 or other measures under Rules 27 and 28.
raffle; or presiding judge of a single-sala court Rationale: The practice of issuing these in
environmental cases (involving disputes in license, Should personal and substituted service fail, summons by
Requisites: permits, etc for the exploration, development, etc of publication shall be allowed. In the case of juridical entities,
natural resources) was found undesirable because: summons by publication shall be done by indicating the
1. It must be alleged in the complaint and
included in the prayer. names of the officers or their duly authorized representatives.
• It disrupts or hampers the smooth
2. The matter is of extreme urgency. functioning of the administrative machinery Section 14. Verified answer. - Within fifteen (15) days from
having charge of the natural resources or receipt of summons, the defendant shall file a verified
3. The applicant will suffer grave injustice or the pursuit of essential gov't projects; and answer to the complaint and serve a copy thereof on the
irreparable injury from the violation plaintiff. The defendant shall attach affidavits of witnesses,
complained of. ◦ It is a contributory deterrent to the
reports, studies of experts and all evidence in support of the
development and exploitation of our
Effectivity: A TEPO is effective only for 72 hours from defense.
natural resources.
Natural Resources & Environmental Law Notes d.m.g.
Notes on Agcaoili ; Lectures by Atty. Tambiac UC Law – JD 2021

Affirmative and special defenses not pleaded shall be purpose thereof; (d) To require the parties to submit the depositions taken
deemed waived, except lack of jurisdiction. under Rule 23 of the Rules of Court, the answers to written
(e) A manifestation of their having availed of discovery
interrogatories under Rule 25, and the answers to request for
Cross-claims and compulsory counterclaims not asserted procedures or their intention to avail themselves of
admissions by the adverse party under Rule 26;
shall be considered barred. The answer to counterclaims or referral to a commissioner or panel of experts;
cross-claims shall be filed and served within ten (10) days (e) To require the production of documents or things
(f) The number and names of the witnesses and the
from service of the answer in which they are pleaded. requested by a party under Rule 27 and the results of the
substance of their affidavits;
physical and mental examination of persons under Rule 28;
Section 15. Effect of failure to answer. - Should the
(g) Clarificatory questions from the parties; and
defendant fail to answer the complaint within the period (f) To consider such other matters as may aid in its prompt
provided, the court shall declare defendant in default and (h) List of cases arising out of the same facts pending disposition;
upon motion of the plaintiff, shall receive evidence ex parte before other courts or administrative agencies. Failure to
(g) To record the proceedings in the "Minutes of Preliminary
and render judgment based thereon and the reliefs prayed comply with the required contents of a pre-trial brief may
for. be a ground for contempt. Conference" to be signed by both parties or their counsels;

RULE 3: PRE-TRIAL
Section 1. Notice of pre-trial. - Within two (2) days from the
filing of the answer to the counterclaim or cross-claim, if
any, the branch clerk of court shall issue a notice of the pre-
trial to be held not later than one (1) month from the filing of
the last pleading.
The court shall schedule the pre-trial and set as many pre-
trial conferences as may be necessary within a period of two
(2) months counted from the date of the first pre-trial
conference.
Section 2. Pre-trial brief. - At least three (3) days before the
pretrial, the parties shall submit pre-trial briefs containing
the following:
(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 admissions on the genuineness and due execution of the Evidence not presented during the pre-trial, except newly-
written request for admission by adverse party, stating the documents marked as exhibits;
Failure to file the pre-trial brief shall have the same effect (h) To mark the affidavits of witnesses which shall be in
as failure to appear at the pre-trial. question and answer form and shall constitute the direct
examination of the witnesses; and
Section 3. Referral to mediation. - At the start of the pre-
trial conference, the court shall inquire from the parties if (i) To attach the minutes together with the marked exhibits
they have settled the dispute; otherwise, the court shall before the pre-trial proper.
immediately refer the parties or their counsel, if The parties or their counsel must submit to the branch clerk
authorized by their clients, to the Philippine Mediation of court the names, addresses and contact numbers of the
Center (PMC) unit for purposes of mediation. If not affiants.
available, the court shall refer the case to the clerk of
During the preliminary conference, the branch clerk of court
court or legal researcher for mediation.
shall also require the parties to submit the depositions taken
Mediation must be conducted within a non-extendible under Rule 23 of the Rules of Court, the answers to written
period of thirty (30) days from receipt of notice of referral interrogatories under Rule 25 and the answers to request for
to mediation. admissions by the adverse party under Rule 26. The branch
The mediation report must be submitted within ten (10) clerk of court may also require the production of documents
or things requested by a party under Rule 27 and the results
days from the expiration of the 30-day period.
of the physical and mental examination of persons under
Section 4. Preliminary conference. - If mediation fails, Rule 28.
the court will schedule the continuance of the pre-trial.
Before the scheduled date of continuance, the court may Section 5. Pre-trial conference; consent decree. - The judge
refer the case to the branch clerk of court for a shall put the parties and their counsels under oath, and they
shall remain under oath in all pre-trial conferences.
preliminary conference for the following purposes:
The judge shall exert best efforts to persuade the parties to
(a) To assist the parties in reaching a settlement;
arrive at a settlement of the dispute. The judge may issue a
(b) To mark the documents or exhibits to be presented by consent decree approving the agreement between the parties
the parties and copies thereof to be attached to the records in accordance with law, morals, public order and public
after comparison with the originals; policy to protect the right of the people to a balanced and
(c) To ascertain from the parties the undisputed facts and healthful ecology.
discovered evidence, shall be deemed waived.
Natural Resources & Environmental Law Notes d.m.g.
Notes on Agcaoili ; Lectures by Atty. Tambiac UC Law – JD 2021

Section 6. Failure to settle. - If there is no full settlement, qualified expert as a friend of the court (amicus curiae); Section 2. Affidavits in lieu of direct examination. - In lieu of
the judge shall: and direct examination, affidavits marked during the pre-trial
shall be presented as direct examination of affiants subject to
(a) Adopt the minutes of the preliminary conference as part (m) Ask parties to agree on the specific trial dates for
cross-examination by the adverse party.
of the pre-trial proceedings and confirm the markings of continuous trial, comply with the one-day examination of
exhibits or substituted photocopies and admissions on the witness rule, adhere to the case flow chart determined by Section 3. One-day examination of witness rule. - The court
genuineness and due execution of documents; the court which shall contain the different stages of the shall strictly adhere to the rule that a witness has to be fully
proceedings up to the promulgation of the decision and examined in one (1) day, subject to the court’s discretion of
(b) Determine if there are cases arising out of the same facts
use the time frame for each stage in setting the trial dates. extending the examination for justifiable reason. After the
pending before other courts and order its consolidation if
presentation of the last witness, only oral offer of evidence
warranted; Section 7. Effect of failure to appear at pre-trial. - The
shall be allowed, and the opposing party shall immediately
court shall not dismiss the complaint, except upon
(c) Determine if the pleadings are in order and if not, order interpose his objections. The judge shall forthwith rule on the
repeated and unjustified failure of the plaintiff to appear.
the amendments if necessary; offer of evidence in open court.
The dismissal shall be without prejudice, and the court
(d) Determine if interlocutory issues are involved and may proceed with the counterclaim. Section 4. Submission of case for decision; filing of
resolve the same; memoranda. - After the last party has rested its case, the
If the defendant fails to appear at the pre-trial, the court
court shall issue an order submitting the case for decision.
(e) Consider the adding or dropping of parties; shall receive evidence ex parte.
The court may require the parties to submit their respective
(f) Scrutinize every single allegation of the complaint, Section 8. Minutes of pre-trial. - The minutes of each pre-
memoranda, if possible in electronic form, within a non-
answer and other pleadings and attachments thereto, and the trial conference shall contain matters taken up therein,
extendible period of thirty (30) days from the date the case is
contents of documents and all other evidence identified and more particularly admissions of facts and exhibits, and
submitted for decision.
pre-marked during pre-trial in determining further shall be signed by the parties and their counsel.
admissions; The court shall have a period of sixty (60) days to decide the
Section 9. Pre-trial order. - Within ten (10) days after the
case from the date the case is submitted for decision.
(g) Obtain admissions based on the affidavits of witnesses termination of the pre-trial, the court shall issue a pre-trial
and evidence attached to the pleadings or submitted during order setting forth the actions taken during the pre-trial Section 5. Period to try and decide. - The court shall have a
pre-trial; conference, the facts stipulated, the admissions made, the period of one (1) year from the filing of the complaint to try
evidence marked, the number of witnesses to be presented and decide the case. Before the expiration of the one-year
(h) Define and simplify the factual and legal issues arising
and the schedule of trial. Said order shall bind the parties, period, the court may petition the Supreme Court for the
from the pleadings and evidence. Uncontroverted issues and
limit the trial to matters not disposed of and control the extension of the period for justifiable cause.
frivolous claims or defenses should be eliminated;
course of action during the trial.
The court shall prioritize the adjudication of environmental
(i) Discuss the propriety of rendering a summary judgment
Section 10. Efforts to settle. - The court shall endeavor to cases.
or a judgment based on the pleadings, evidence and
make the parties agree to compromise or settle in
admissions made during pre-trial;
accordance with law at any stage of the proceedings Chronology
(j) Observe the Most Important Witness Rule in limiting the before rendition of judgment. 1. Filing of complaint, etc by plaintiff
number of witnesses, determining the facts to be proved by
each witness and fixing the approximate number of hours 2. Service (furnishing) of copy of complaint to the
RULE 4: TRIAL government or appropriate agenct although not
per witness;
a party
(k) Encourage referral of the case to a trial by commissioner Section 1. Continuous trial. - The judge shall conduct
3. Assignment by raffle (exec judge)
under Rule 32 of the Rules of Court or to a mediator or continuous trial which shall not exceed two (2) months
arbitrator under any of the alternative modes of dispute from the date of the issuance of the pre-trial order. 4. If the matter is of extreme urgency + applicant
resolution governed by the Special Rules of Court on will suffer grave injustice or irreparable injury,
Before the expiration of the two-month period, the judge
Alternative Dispute Resolution; and the complaint has prayer for EPO, court
may ask the Supreme Court for the extension of the trial
will issue a Temporary EPO effective for 72
(l) Determine the necessity of engaging the services of a period for justifiable cause.
hours upon notice to the other party
Natural Resources & Environmental Law Notes
Notes on Agcaoili ; Lectures by Atty. Tambiac
◦ Summary hearing on whether to
extend TEPO, which shall not exceed
20 days or until the termination of the
case
▪ If it is found that the TEPO will
cause irreparable damage to the
party enjoined by it, and the
plaintiff may be fully compensated,
TEPO will be dissolved
◦ Judge will report to SC through the
OCA within 10 days from the action
taken on a TEPO, EPO, etc
◦ Court will decide if it will issue a
permanent EPO
5. Service of summons to defendant
6. Within 15 days from receipt of summons, filing
of answer by defendant, which must be
verified, and he must attach evidences and
give copy to complainant
◦ Defenses not pleadedare deemed waived
◦ Cross-claims and compulsory
counterclaims not asserted are barred
◦ Failure to answer = defendant will be
declared in default by the court and upon
plaintiff's motion (to present evidence ex
parte, which means without the
defendant's participation; note: he is still
entitled to all notices coming from the
court), court will receive evidence ex parte
and render judgment based on them
7. Preliminary conference
- before office of clerk of court
- set dates, mark evidences, name witnesses
8. Pretrial
- adopt the minutes of preliminary conference
• Within 2 days from filing of answer to CC or
CCC, clerk will issue a notice of pretrial
• Pretrial should be held not later than 1
month from filing of last pleading
• At the start of the pretrial conference, the
court will ask the parties if they have settled
the dispute.
◦ If not, the court will refer them to the
PMC unit for mediation.
◦ Mediation must be conducted within 30
days from notice. The report must be
submitted within 10 days from the
expiration of the 30-day period (on the
20th day)
◦ If the mediation fails, the pretrial will
continue
• The judge should exert best efforts in
persuading the parties to settle the dispute.
He may issue a Consent Decree approving
the agreement between the parties.
• 10 days after the pretrial, the court shall
issue a Pre-trial Order, which binds the
parties and limits the trial to matters not
disposed of and control the course of action
during the trial. It sets forth:
◦ the actions taken during the pre-trial
conference
◦ the facts stipulated
◦ the admissions made
◦ the evidence marked
◦ the number of witnesses to be filing of the complaint but the judge may petition the SC
presented
◦ the schedule of trial
Most Important Witness Rule - limit the number
of witnesses, determine the facts to be proved by
each witness and fix the approximate number of
hours per witness
8. Trial Proper
d.m.g.
UC Law – JD 2021
• It must be continuous and not exceed 2
months from issuance of Pretrial Order.
(This means the parties have 2 months to
finish with their witnesses.)
• Before the expiration of the 2-month
period, however, the judge may ask the SC
for extension if there is a justifiable cause.
• 1-day rule: a witness must be fully
examined in one day (cross-examination
right after direct examination. The court
may exercise discretion in extending the
examination but only for a justifiable
reason.
• After the last witness, only oral evidence is
allowed and the opposing party must
immediately interpose objections. The
judge will rule on the evidence in open
court.
• After the last party rests its case, the court
will issue an order submitting the case for
decision.
The parties may be required to submit
•
memoranda (electronic form if possible)
within 30 days from the aforementioned
order.
The court must decide the case within 60
•
days from the order submitting it for
decision.
9. Decision
The entire case must be decided within 1 year from the
for extension for a justifiable cause.
• The court should prioritze the adjudication
of environmental cases.
• Inclusions: everything alleged in complaint
and proven during trial will be granted
(issuance of PEPO, attoryney's fees, etc);
Decision is final and executory.
Natural Resources & Environmental Law Notes d.m.g.
Notes on Agcaoili ; Lectures by Atty. Tambiac UC Law – JD 2021

RULE 5 Judgment & Execution RULE 6

JUDGMENT AND EXECUTION STRATEGIC LAWSUIT AGAINST PUBLIC
Reliefs: PARTICIPATION
Section 1. Reliefs in a citizen suit. - If warranted, the court
may grant to the plaintiff proper reliefs which shall include • for protection, preservation or rehabilitation Section 1. Strategic lawsuit against public participation
the protection, preservation or rehabilitation of the of the environment (SLAPP). - A legal action filed to harass, vex, exert undue
environment and the payment of attorney’s fees, costs of suit • payment of attorney’s fees, costs of suit pressure or stifle any legal recourse that any person,
and other litigation expenses. It may also require the violator and other litigation expenses institution or the government has taken or may take in the
to submit a program of rehabilitation or restoration of the enforcement of environmental laws, protection of the
environment, the costs of which shall be borne by the • Court may also require violator to submit a environment or assertion of environmental rights shall be
violator, or to contribute to a special trust fund for that program of rehabilitation or restoration treated as a SLAPP and shall be governed by these Rules.
purpose subject to the control of the court. of the environment, the costs either:
Section 2. SLAPP as a defense; how alleged. - In a SLAPP
Section 2. Judgment not stayed by appeal. - Any judgment ◦ borne by the violator; or filed against a person involved in the enforcement of
directing the performance of acts for the protection, environmental laws, protection of the environment, or
preservation or rehabilitation of the environment shall be ◦ violator may contribute to a special trust assertion of environmental rights, the defendant may file an
executory pending appeal unless restrained by the appellate fund answer interposing as a defense that the case is a SLAPP and
court. Effect of appeal – the judgment is executory even if shall be supported by documents, affidavits, papers and other
Section 3. Permanent EPO; writ of continuing mandamus. - there is an appeal filed, unless the appellate court evidence; and, by way of counterclaim, pray for damages,
restrains the judgment attorney’s fees and costs of suit.
In the judgment, the court may convert the TEPO to a
permanent EPO or issue a writ of continuing mandamus Permanent EPO / Continuing Mandamus – the The court shall direct the plaintiff or adverse party to file an
directing the performance of acts which shall be effective court may convert the TEPO or issue a writ of opposition showing the suit is not a SLAPP, attaching
until the judgment is fully satisfied. continuing mandamus directing performance of acts, evidence in support thereof, within a non-extendible period
of five (5) days from receipt of notice that an answer has
The court may, by itself or through the appropriate effective until judgment is satisfied, that is, upon
been filed.
government agency, monitor the execution of the judgment sufficient showing that the order has been
and require the party concerned to submit written reports on implemented to the court's satisfaction The defense of a SLAPP shall be set for hearing by the court
a quarterly basis or sooner as may be necessary, detailing the Return of writ of execution after issuance of the order to file an opposition within fifteen
progress of the execution and satisfaction of the judgment. (15) days from filing of the comment or the lapse of the
The other party may, at its option, submit its comments or RoC, Section 14. The writ of execution shall be period.
observations on the execution of the judgment. returnable to the court issuing it immediately after
the judgment has been satisfied in part or in full. If Section 3. Summary hearing. - The hearing on the defense of
Section 4. Monitoring of compliance with judgment and the judgment cannot be satisfied in full within thirty a SLAPP shall be summary in nature. The parties must
orders of the court by a commissioner. - The court may motu (30) days after his receipt of the writ, the officer shall submit all available evidence in support of their respective
proprio, or upon motion of the prevailing party, order that report to the court and state the reason therefor. positions. The party seeking the dismissal of the case must
the enforcement of the judgment or order be referred to a Such writ shall continue in effect during the period prove by substantial evidence that his act for the enforcement
commissioner to be appointed by the court. The within which the judgment may be enforced by of environmental law is a legitimate action for the protection,
commissioner shall file with the court written progress motion. preservation and rehabilitation of the environment. The party
reports on a quarterly basis or more frequently when filing the action assailed as a SLAPP shall prove by
necessary. The officer shall make a report to the court every preponderance of evidence that the action is not a SLAPP
thirty (30) days on the proceedings taken thereon and is a valid claim.
Section 5. Return of writ of execution. - The process of until the judgment is satisfied in full, or its effectivity
execution shall terminate upon a sufficient showing that the expires. The returns or periodic reports shall set Section 4. Resolution of the defense of a SLAPP. - The
decision or order has been implemented to the satisfaction of forth the whole of the proceedings taken, and shall affirmative defense of a SLAPP shall be resolved within
the court in accordance with Section 14, Rule 39 of the be filed with the court and copies thereof promptly thirty (30) days after the summary hearing. If the court
Rules of Court. furnished the parties. dismisses the action, the court may award damages,
Natural Resources & Environmental Law Notes d.m.g.
Notes on Agcaoili ; Lectures by Atty. Tambiac UC Law – JD 2021

attorney’s fees and costs of suit under a counterclaim if such PART III: SPECIAL CIVIL ACTIONS the issuance of a TEPO.
has been filed. The dismissal shall be with prejudice.
RULE 7 Section 3. Where to file. - The petition shall be filed with the
If the court rejects the defense of a SLAPP, the evidence WRIT OF KALIKASAN Supreme Court or with any of the stations of the Court of
adduced during the summary hearing shall be treated as Appeals.
Section 1. Nature of the writ. - The writ is a remedy
evidence of the parties on the merits of the case. The action
available to a natural or juridical person, entity authorized Section 4. No docket fees. - The petitioner shall be exempt
shall proceed in accordance with the Rules of Court.
by law, people’s organization, non-governmental from the payment of docket fees.
SLAPP organization, or any public interest group accredited by or
Section 5. Issuance of the writ. - Within three (3) days from
registered with any government agency, on behalf of
Definition: It is a legal action filed to harass, vex, exert persons whose constitutional right to a balanced and the date of filing of the petition, if the petition is sufficient in
undue pressure or stifle any legal recourse that any healthful ecology is violated, or threatened with violation form and substance, the court shall give an order: (a) issuing
person, institution or the government has taken or may by an unlawful act or omission of a public official or the writ; and (b) requiring the respondent to file a verified
take in the enforcement of environmental laws, employee, or private individual or entity, involving return as provided in Section 8 of this Rule. The clerk of
protection of the environment or assertion of environmental damage of such magnitude as to prejudice court shall forthwith issue the writ under the seal of the court
environmental rights. including the issuance of a cease and desist order and other
the life, health or property of inhabitants in two or more
temporary reliefs effective until further order.
cities or provinces.
• In his Answer, the defendant may interpose
Section 6. How the writ is served. - The writ shall be served
the defense that the case against him is a Section 2. Contents of the petition. - The verified petition
SLAPP. (A bit similar to a justifying shall contain the following: upon the respondent by a court officer or any person
circumstance. Ish.) deputized by the court, who shall retain a copy on which to
(a) The personal circumstances of the petitioner; make a return of service. In case the writ cannot be served
• Within 5 days from notice, the plaintiff will be personally, the rule on substituted service shall apply.
(b) The name and personal circumstances of the
directed to file an opposition, showing that the
respondent or if the name and personal circumstances are Section 7. Penalty for refusing to issue or serve the writ. - A
suit is not a SLAPP.
unknown and uncertain, the respondent may be described clerk of court who unduly delays or refuses to issue the writ
• Within 15 days, the court will hear the by an assumed appellation; after its allowance or a court officer or deputized person who
defense. Such hearing is summary in nature – unduly delays or refuses to serve the same shall be punished
(c) The environmental law, rule or regulation violated or
parties must submit all available evidence. by the court for contempt without prejudice to other civil,
threatened to be violated, the act or omission complained
criminal or administrative actions.
• Defendant invoking SLAPP defense must of, and the environmental damage of such magnitude as
prove by substantial evidence that his act to prejudice the life, health or property of inhabitants in Section 8. Return of respondent; contents. - Within a non-
was legitimate. two or more cities or provinces. extendible period of ten (10) days after service of the writ,
the respondent shall file a verified return which shall contain
• Plaintiff shall prove by preponderance of (d) All relevant and material evidence consisting of the all defenses to show that respondent did not violate or
evidence that what he filed is not a SLAPP affidavits of witnesses, documentary evidence, scientific threaten to violate, or allow the violation of any
and is a valid claim. or other expert studies, and if possible, object evidence;
environmental law, rule or regulation or commit any act
• Within 30 days after the summary hearing, the (e) The certification of petitioner under oath that: (1) resulting to environmental damage of such magnitude as to
defense shall be resolved: petitioner has not commenced any action or filed any prejudice the life, health or property of inhabitants in two or
claim involving the same issues in any court, tribunal or more cities or provinces.
◦ If the court accepts the defense, case will quasi-judicial agency, and no such other action or claim is
be dismissed and damages awarded, etc. pending therein; (2) if there is such other pending action All defenses not raised in the return shall be deemed waived.
Res judicata will apply. or claim, a complete statement of its present status; (3) if The return shall include affidavits of witnesses, documentary
petitioner should learn that the same or similar action or evidence, scientific or other expert studies, and if possible,
◦ If court rejects the defense, the case will
claim has been filed or is pending, petitioner shall report object evidence, in support of the defense of the respondent.
proceed, and evidence presented during
to the court that fact within five (5) days therefrom; and
the summary hearing will be used as A general denial of allegations in the petition shall be
evidence on the merits of the case. (f) The reliefs prayed for which may include a prayer for considered as an admission thereof.
Natural Resources & Environmental Law Notes d.m.g.
Notes on Agcaoili ; Lectures by Atty. Tambiac UC Law – JD 2021

Section 9. Prohibited pleadings and motions. - The The order shall specify the person or persons authorized (a) Directing respondent to permanently cease and desist
following pleadings and motions are prohibited: to make the inspection and the date, time, place and from committing acts or neglecting the performance of a
manner of making the inspection and may prescribe other duty in violation of environmental laws resulting in
(a) Motion to dismiss;
conditions to protect the constitutional rights of all environmental destruction or damage;
(b) Motion for extension of time to file return; parties.
(b) Directing the respondent public official, government
(c) Motion for postponement; (b) Production or inspection of documents or things; agency, private person or entity to protect, preserve,
order – The motion must show that a production order is rehabilitate or restore the environment;
(d) Motion for a bill of particulars;
necessary to establish the magnitude of the violation or
(c) Directing the respondent public official, government
(e) Counterclaim or cross-claim; the threat as to prejudice the life, health or property of
agency, private person or entity to monitor strict compliance
inhabitants in two or more cities or provinces.
(f) Third-party complaint; with the decision and orders of the court;
After hearing, the court may order any person in
(g) Reply; and (d) Directing the respondent public official, government
possession, custody or control of any designated
agency, or private person or entity to make periodic reports
(h) Motion to declare respondent in default. documents, papers, books, accounts, letters, photographs,
on the execution of the final judgment; and
objects or tangible things, or objects in digitized or
Section 10. Effect of failure to file return. - In case the electronic form, which constitute or contain evidence (e) Such other reliefs which relate to the right of the people
respondent fails to file a return, the court shall proceed to relevant to the petition or the return, to produce and to a balanced and healthful ecology or to the protection,
hear the petition ex parte. permit their inspection, copying or photographing by or preservation, rehabilitation or restoration of the environment,
Section 11. Hearing. - Upon receipt of the return of the on behalf of the movant. except the award of damages to individual petitioners.
respondent, the court may call a preliminary conference to The production order shall specify the person or person Section 16. Appeal. - Within fifteen (15) days from the date
simplify the issues, determine the possibility of obtaining authorized to make the production and the date, time, of notice of the adverse judgment or denial of motion for
stipulations or admissions from the parties, and set the place and manner of making the inspection or production reconsideration, any party may appeal to the Supreme Court
petition for hearing. and may prescribe other conditions to protect the under Rule 45 of the Rules of Court. The appeal may raise
The hearing including the preliminary conference shall not constitutional rights of all parties. questions of fact.
extend beyond sixty (60) days and shall be given the same Section 13. Contempt. - The court may after hearing Section 17. Institution of separate actions. - The filing of a
priority as petitions for the writs of habeas corpus, amparo punish the respondent who refuses or unduly delays the petition for the issuance of the writ of kalikasan shall not
and habeas data. filing of a return, or who makes a false return, or any preclude the filing of separate civil, criminal or
Section 12. Discovery Measures. - A party may file a person who disobeys or resists a lawful process or order administrative actions.
verified motion for the following reliefs: of the court for indirect contempt under Rule 71 of the
Rules of Court. WRIT OF KALIKASAN
(a) Ocular Inspection; order — The motion must show that
an ocular inspection order is necessary to establish the Section 14. Submission of case for decision; filing of It is an extraordinary remedy which may be issued
magnitude of the violation or the threat as to prejudice the memoranda. - After hearing, the court shall issue an order depending on the magnitude of environmental damage.
life, health or property of inhabitants in two or more cities or submitting the case for decision. The court may require Who may file – It is a remedy available to:
provinces. It shall state in detail the place or places to be the filing of memoranda and if possible, in its electronic
inspected. It shall be supported by affidavits of witnesses form, within a non-extendible period of thirty (30) days 1. a natural or juridical person;
having personal knowledge of the violation or threatened from the date the petition is submitted for decision. 2. entity authorized by law;
violation of environmental law. Section 15. Judgment. - Within sixty (60) days from the 3. people’s organization;
After hearing, the court may order any person in possession time the petition is submitted for decision, the court shall
or control of a designated land or other property to permit render judgment granting or denying the privilege of the 4. non-governmental organization; or
entry for the purpose of inspecting or writ of kalikasan. 5. any public interest group accredited by or
photographing the property or any relevant object or The reliefs that may be granted under the writ are the registered with any government agency
operation thereon. following:
Natural Resources & Environmental Law Notes
Notes on Agcaoili ; Lectures by Atty. Tambiac
on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or
threatened with violation (Ground:) 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.
Goal: to address the potentially exponential nature of
large-scale ecological threats.
Contents: (PR LAE ECR)
1. petitioner's personal circumstances
2. respondent's name and personal
circumstances (if unknown and uncertain,
respondent may be described by an assumed
appellation, e.g., John Doe)
3. law, rule or regulation violated or threatened to
be violated
• Note: in order to determine whether the
case is an environmental one, and as Venue
such, be given priority
4. the act or omission complained of
5. environmental damage of such magnitude so
as to prejudice LHP of inhabitants in 2 or more
cities or provinces
• Note: the Rule doesn't specify that the What if the damage/threat only affects inhabitants of
cities must be contiguous to one another. just 1 city or province?
What is essential is that the inhabitants of
2 or more cities/provinces suffer or are
threatened to suffer damage of SMP-LHP
6. all relevant and material evidence
• Note: unlike ordinary civil actions, where
only ultimate facts are required; the
purpose of such standard is to convince
the court to issue the writ within 3 days
7. petitioner's certification under oath
(a) he has not commenced any action or filed
d.m.g.
UC Law – JD 2021
any claim involving the same issues in action for claim for damages anyway, as stated
any court, tribunal or quasi-judicial in Sec 17)
agency, and that no such action or claim
is pending • The filing fees shall be subtracted from the
award of damages after judgment
(b) if there is a pending action or claim, a
complete statement of its present status Issuance: within 3 days from the filing, if the petition is
sufficient in substance and form, the court shall:
(c) if he learns that a similar action or claim
has been filed or is pending, he will 1. issue writ of kalikasan
report to the court within 5 days 2. require respondents to file a verified return
8. reliefs prayed for (e.g., issuance of TEPO, 3. may include other temporary reliefs that the
which means the petitioner must likewise court deems proper (e.g. cease and desist)
show that the matter is of extreme urgency
or that he'll suffer irreparable injury and Service of writ: it shall be served to the respondent:
grave injustice, huntyyyy) 1. personally; or
9. This petition must be verified, meaning, the 2. through subsituted service, if it cannot be done
affiant must attest that he has read the personally.
pleading and that the allegations are true to
The court may punish the following for contempt
the best of his/her knowledge.
(without prejudice to other admin/civil/crim actions that
10. certification of non-forum shopping may be set up against them):
1. clerk of court who unduly refuses/delays to
issue writ
1. SC; or
2. court officer or deputized person who unduly
2. any of the stations of CA
delays/refuses to serve writ
This is in line with the magnitude standard for this
kind of suit; the SC and CA's jurisdiction is national Respondent's Return
in scope • It must be filed within a non-extendible 10 days
from service of writ
• Contents:
• The suit may be filed before the RTC which 1. all defenses showing he did not violate or
has territorial jurisdiction over the case. threaten to violate or allow the violation of
Exemption from docket fees any environmental law, rule, regulation (if
not raised here, they are deemed waived)
• This is to encourage public participation.
2. affidavits of witnesses, documentary
• Also a necessary consequence of the fact evidence, scientific or other expert studies,
that no award of damages to individuals object evidence
can be made under this writ (reason: this If he fails to specifically deny an allegation
would require reception of evidence which stated in the petition, he is presumed to
would delay the immediate resolution of the have admitted to such allegation; a
petition; petitioner can always file a separate
Natural Resources & Environmental Law Notes
Notes on Agcaoili ; Lectures by Atty. Tambiac
general denial = admission.
If he fails to file altogether, the court shall
proceed to hear the petition without him
(ex parte)
Prohibited motions: (DEP BC 3RD)
Contempt proceedings
• (a) Motion to dismiss;
• (b) Motion for extension of time to file return;
• (c) Motion for postponement;
• (d) Motion for a bill of particulars;
• (e) Counterclaim or cross-claim;
• (f) Third-party complaint;
• (g) Reply; and
Decision/Judgment
• (h) Motion to declare respondent in default.
Preliminary conference & Hearing
• The hearing is not summary in nature on
account of the complex character of the issues
involved.
• The prelim conference takes the place of trial.
• Everything must be done in 60 days (prelim to
hearing, including other motions like ocular
inspection, production or inspection of
documents, etc) and this petition should be
given the same priority as those for habeas
corpus, habeas data and amparo.
• Discovery measures:
1. Ocular Inspection – the motion shall
state that the inspection is necessary to
establish the magnitude of violation/threat
• If substantiated, the court may order
the person in possession or control of
property to permit entry for
photographing or inspecting
2. Production or Inspection of Documents
or Things
• the Rule doesn't state that the
motion must specify the doc/thing
in detail, only that the production
order is necessary to establish the
magnitude of violation/threat
• The court may punish the following for
indirect contempt:
1. a respondent who refuses or unduly
delays the filing of a return
2. a respondent who makes a false return;
or
3. any person who disobeys or resists
lawful process/order of the court
• After hearing, the court will issue an order
submitting case for decision.
• Within 30 days (non-extendible) from the
date of the petition is submitted for decision, West Tower vs FPIC case
the court may require the filing of
memoranda (in electronic form if possible)
• Within 60 days from the date the petition is
submitted for decision, the court must
render judgment. (This 60-day period
includes the abovestated 30-day period of
filing a memoranda)
• If the court finds the petition meritorious, it
shall grant the privilege of the writ of
kalikasan, as well as other reliefs prayed for:
(a) Directing respondent to permanently
cease and desist from committing acts or
neglecting the performance of a duty in
violation of environmental laws resulting in
environmental destruction or damage;
(b) Directing the respondent public official,
government agency, private person or entity
to protect, preserve, rehabilitate or
d.m.g.
UC Law – JD 2021
restore the environment;
(c) Directing the respondent public official,
government agency, private person or entity to
monitor strict compliance with the decision
and orders of the court;
(d) Directing the respondent public official,
government agency, or private person or entity
to make periodic reports on the execution of
the final judgment; and
(e) Such other reliefs which relate to the right
of the people to a balanced and healthful
ecology or to the protection, preservation,
rehabilitation or restoration of the environment,
except the award of damages to individual
petitioners.
• Within 15 days from date of notice of
judgment or denial of the motion for
reconsideration, any party may appeal to the
SC (under Rule 45) and may raise questions of
fact therein.
• This is where the first writ of kalikasan was
issued (Nov 29, 2010)
• Petitioners: West Tower Condominium on
behalf of its unit owners and residents of Brgy.
Bangkal, Makati City
• Respondents: First Philippine Industrial
Corporation, owned by the Lopez clan, which
has two pipelines that control 60% of the
petroleum requirements of Manila, Bulacan
Laguna and Rizal:
1. the White Oil Pipieline System, 117km, that
runs from Batangas to Pandacan in Manila
transporting diesel, gasoline, jet fuel and
kerosene (7km of such pipeline is in Makati;
the leakage/smell/fumes complained of was
traced to this pipeline, 100m southeast of WT
Condominium)
2. the Black Oil Pipeline System, 105kim,
Natural Resources & Environmental Law Notes
Notes on Agcaoili ; Lectures by Atty. Tambiac
Batangas to Sucat, Paranaque, transporting
bunker fuel
• Petitoners claim to have suffered health and
environmental hazards, alleging that:
(a) the continuous use of the pipeline would
not only be hazardous to the LHP of the
inhabitants in the areas where the pipeline
is laid, but would also affect the “rights of
generations yet unborn to live in a
balanced and healthful ecology”
(b) to allow its continuous operation and its
imminent environmental damage would
violate the Clean Water Act of 2004, the
Clean Air Act of 1999, and the Phil.
Environmental Code (PD 1152)
• They pray that the court prohibit FPIC from
opening and operating the pipeline, and
allowing its use, until the pipeline has been
thoroughly checked and replaced
Court's actions:
• The SC first issed a writ of kalikasan with
TEPO ordering FPIC to:
(a) cease and desist from operating the
leaking pipeline until further orders (this
only applied to the WOPL)
(b) check the structural integrity of the 117km
pipeline, implement sufficient measures to
prevent and avert incidents from possible
leaks
(c) make a report within 60 days
• The SC later on converted the writ to a
continuing mandamus.
Issues & Held:
1. Locus Standi
Yes. The residents of West Tower were directly
affected by the leakage, and as such, they fit
the laid-down defintiion of a real party in
d.m.g.
UC Law – JD 2021
interest. Section 1. Petition for continuing mandamus. - When any
agency or instrumentality of the government or officer
2. Court actions
thereof unlawfully neglects the performance of an act which
the law specifically enjoins as a duty resulting from an
The petitioners prayed that the TEPO be
office, trust or station in connection with the enforcement or
converted to a permanent EPO. The
respondents averred that they have been violation of an environmental law rule or regulation or a
conducting regular tests and inspections. right therein, or unlawfully excludes another from the use or
The CA ruled that these were insufficient enjoyment of such right and there is no other plain, speedy
and recommended that FPIC secure a and adequate remedy in the ordinary course of law, the
certification from the Department of Energy. person aggrieved thereby may file a verified petition in the
The SC agreed with this, and directed FPIC proper court, alleging the facts with certainty, attaching
to get the certififcation, since it is the DOE thereto supporting evidence, specifying that the petition
that has special knowledge and expertise on concerns an environmental law, rule or regulation, and
the issues of the case. The DOE issued a praying that judgment be rendered commanding the
resolution, which the SC adopted, imposing respondent to do an act or series of acts until the judgment is
conditions for the resumption of the WOPL fully satisfied, and to pay damages sustained by the
operations. If the DOE be satisfied with petitioner by reason of the malicious neglect to perform the
FPIC's compliance, it will issue an order duties of the respondent, under the law, rules or regulations.
allowing FPIC to resume operations. If not, The petition shall also contain a sworn certification of non-
and if it is shown that the pipeline is no forum shopping.
longer safe and remediable, then the DOE
Section 2. Where to file the petition. - The petition shall be
can also order for its closure.
filed with the Regional Trial Court exercising jurisdiction
The SC therefore held that the issue of the over the territory where the actionable neglect or omission
viability of the WOPL and the resumption of occurred or with the Court of Appeals or the Supreme Court.
its operations would still depend on the
DOE's resolution. Section 3. No docket fees. - The petitioner shall be exempt
from the payment of docket fees.
3. Special Trust fund
Section 4. Order to comment. - If the petition is sufficient in
The creation of such cannot be granted by form and substance, the court shall issue the writ and require
the court. A trust fund is solely for the the respondent to comment on the petition within ten (10)
purpose of rehabilitating or restoring the days from receipt of a copy thereof. Such order shall be
environment from a damage that it has served on the respondents in such manner as the court may
already presumably suffered. The grant of a direct, together with a copy of the petition and any annexes
special trust fund in this case is outside the thereto.
limited purpose of a special trust fund.
Section 5. Expediting proceedings; TEPO. - The court in
4. Liability of the individual officers of FPIC which the petition is filed may issue such orders to expedite
The Court refrained from ruling on the the proceedings, and it may also grant a TEPO for the
liability of the directors of the company. This preservation of the rights of the parties pending such
can be properly resolved in the separate proceedings.
civil and criminal cases already pending. Section 6. Proceedings after comment is filed. - After the
RULE 8 comment is filed or the time for the filing thereof has
WRIT OF CONTINUING MANDAMUS expired, the court may hear the case which shall be summary
in nature or require the parties to submit memoranda. The
Natural Resources & Environmental Law Notes
Notes on Agcaoili ; Lectures by Atty. Tambiac
petition shall be resolved without delay within sixty (60)
days from the date of the submission of the petition for
resolution.
Section 7. Judgment. - 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 Issuance and Judgment
judgment is fully satisfied and to grant such other reliefs as
may be warranted resulting from the wrongful or illegal acts
of the respondent. 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. The petitioner may submit
its comments or observations on the execution of the
judgment.
Section 8. Return of the writ. - The periodic reports
submitted by the respondent detailing compliance with the
judgment shall be contained in partial returns of the writ.
Upon full satisfaction of the judgment, a final return of the
writ shall be made to the court by the respondent. If the court
finds that the judgment has been fully implemented, the
satisfaction of judgment shall be entered in the court docket.
WRIT OF CONTINUING MANDAMUS
Definition: It is generally an order employed to compel
performance of a ministerial duty which was
neglected/omitted by the person given said duty.
• Its function is to set an action in motion. (to
legally push someone to do something he is
supposed to do by reason of existing laws)
• It commands the doing of what ought to be
done, not the undoing of something that has
already been done.
• It is not a preventive remedy.
A writ of CM commands the respondent to do an
act/series of acts until the judgment is fully satisfied.
Venue
1. RTC exercising jurisdiction over territory
where the actionable neglect/omission MMDA vs Manila Bay case
occurred;
2. CA; or
3. SC
• If petition is sufficient in F&S, court will issue
writ and require respondent to comment on
the petition within 10 days from receipt of
the copy of the writ.
• Service of writ + copy of petition + annexes
will be done in the manner that the court
may direct.
• TEPO while the petition is pending, and
other orders for expediting the proceedings
may be issued by the court.
• Judgment: If warranted, the court will:
1. grant the privilege of the writ of CM
which will require the respondent to
perdorm an act/series of acts until
satisfaction of judgment
2. grant other reliefs warranted, to
repair/compensate for the damage that
the respondent's wrongful/illegal act has
done
3. require respondent to submit periodic ISSUES:
reports detailing progress and execution
of Judgment – partial returns of the
writ
4. evaluate and monitor respondent's HELD:
compliance (through a commissioner or
the apt government agency, or by itself)
• Respondent may submit comments or
observations on the execution of
judgment
• Upon full satisfaction of the judgment,
the respondent will submit a final return
of the writ
d.m.g.
UC Law – JD 2021
• The concerned citizens of Manila Bay
complained that the water quality of Manila Bay
had fallen way below the allowable standards
prescribed by the law. They averred that such
quality would constitute a violation of PD 1152
(Phil. Environmental Code).
• They prayed that the public officers/agencies
involved, including the Metro Manila
Development Authority (MMDA), be held jointly
and/or severally liable for the substandard
quality, and that they be collectively ordered to
clean up the Bay, and to restore the water
quality to Class B, fit for swimming, diving or
other recreations.
• Sec 17 of PD 1152 specifically states that the
governement agencies concerned shall take
necessary measures to upgrade the water
quallity (when it has deteriorated to a degree
where its state will adversely affect its usage)
to meet the prescribed standards.
• Sec 20 states that it shall be the polluter's
responsibility to clean up pollution incidents at
his own expense. If the polluter does not, the
government agencies will, and the expenses
shall be charged against the persons/entities
responsible.
1. Is the MMDA responsible for the clean up?
2. Is a continuing mandamus proper?
1. Contrary to MMDA's argument (that PD 1152
limits their duty to the containment, removal
and cleaning operations of specific pollution
incidents), the law actually requires them to act
even in the absence of a pollution incident, as
long as the water quality has deteriorated to a
degree where its state will adversely affect its
best usage. The aforementioned provisions are
Natural Resources & Environmental Law Notes
Notes on Agcaoili ; Lectures by Atty. Tambiac
of general application and not for specific
incidents only. 3. PETITIONER
A writ of CM is available to someone personally
2. The cleaning and rehabilitation of Manila Bay
aggrieved by the unlawful neglect. A writ of K is
can be compelled by mandamus. The duty of
available to any person, natural or juridical, or any
the government to enforce the mandates of PD
organization or group, on behalf of persons whose
1152 is ministerial in nature, hence its
right to a balanced and healthful ecology is violated
performance may be compelled by mandamus.
or threatened to be violated.
4. RESPONDENT
DIFFERENCES between CM and K A writ of CM is directed against government
1. SUBJECT MATTER agencies or officers who have neglected their duties.
A writ of K may be directed against a public officer or
A writ of CM is issued when there is no other speedy, employee, or private individual or entity.
plain, and adequate remedy in the ordinary course of
law. It is directed against: (a) unlawful neglect in the 5. DOCKET FEES
performance of an act specifically enjoined by the law In both petitions, payment of docket fees is
as a duty resulting from an office, trust or station in exempted.
connection with the enforcement or violation of an envi
law, or a right; or (b) unlawful exclusion of another from 6. DISCOVERY MEASURES
the use or enjoyment of a right.(It commands a person Only the Rule on the writ of K mentions the inclusion
who the law entrusted a duty to do his job.)
of discovery measures.
A writ of K is issued when there is an enironmental 7. DAMAGES FOR PERSONAL INJURY
damage of such magnitude as to prejudice the LHP of Only the writ of CM allows the payment of damages
inhabitants in 2 or more cities or provinces. It is for the malicious neglect of duty of respondent/s.
available against an unlawful act or omission of a The writ of K, being a public-interest suit, does not
public officer/employee or private individual/entity. (It allow for individual payment of damages. However,
orders that certain acts be stopped in order to prevent the petitioner is not precluded from filing a separate
an exponential damage.) civil action to recover damages.
2. VENUE Paje vs Casino case
• The Subic Bay Metropolitan Authority
A petition for the issuance of a writ of a CM may be (SBMA) issued an Environmental
filed before the RTC exercising jurisdiction over the Compliance Certificate (ECC) after the
territory where the neglectful act or omission occurred, Taipei Cogeneration Corp (TCC) expressed
or the CA, or the SC. its intention to build a coal-fired powerplant
in Subic Bay.
A petition for the issuance of a writ of K may only be • The SBMA entered into a Lease & Devt
filed before the SC or any of the stations of the CA, on Agreement with Redondo Peninsula Energy
account of the national scope of the alleged damage (2 (RP), the Philippine-based company to
or more cities/provinces are affected). When only one which TCC assigned its rights and interests.
city/province is affected, the petition will be filed with • The Sanggunian Panlalawigan of Zambales
the RTC exercising territorial jurisdiction over the case. (Hon. Casino, et al.)opposed the
d.m.g.
UC Law – JD 2021
establishment of such powerplant. They filed a
petition for a writ of K against RP Energy and
Sec. Paje of the DENR:
• (1) alleging environmental damage such as:
◦ thermal pollution of coastal waters
◦ air pollution from the combustion
◦ acid deposition in the ecosystem
• (2) assailing the validity of the ECC for failing to
include the signature of Mr. Aboitiz, the director
of RP Energy in the Sworn Statement of Full
Responsibility.
• The CA denied the petition for writ of K, finding
that Casino, et al., failed to prove the
environmental allegations.
ISSUES:
1. Was there a causal link or reasonable connection
with the environmental damage of the magnitude
contemplated under the Rules on Environmental
Cases?
2. Can the validity of an ECC be challenged via a writ
of K?
HELD:
1. There was no causal link shown between the
potential environmental damage and the construction
and operation of the powerplant.
2. A writ of K is not proper, as the issuance of the ECC,
and the violation of the related laws (IPRA, LGC) are
not within the coverage of the writ of K.
The witnesses that the Casino group presented were
not experts on environmental matters. Nor did they
expound on the allegations.
The Court held that the defect (lack of signature of
Aboitiz) was not a sufficient ground to invalidate the
ECC. The testimonies did not indicate that there was a
deliberate/malicious intent to not sign the Statement.
Moreover, the implementation of the project is not
subject to the prior approval of the Sanggunian.