WRIT OF KALIKASAN Who can file a petition for Writ of Kalikasan?

(PVU EP)
Natural or juridical person, entity authorized by law, peoples
What are the bases for issuing writ of kalikasan?
organization, non-governmental organization, or any public
1987 Constitution
interest group accredited by or registered with any
o Article 2 Sec. 16, The state shall advance the government agency on behalf of persons;
right of the people to a balanced and healthful ecology
whose constitutional right to a balanced and healthful
in accordance with the rhythm and harmony of nature
ecology is violated, or threatened with violation;
o Article 2 Sec. 15, The state shall protect and
by an unlawful act or omission of a public official or
promote the right to health of the people and instill
employee, or private individual or entity;
health consciousness among them.
Environmental Justice involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or
Inter-generational Responsibility (Oposa v. Factoran)
more cities or provinces.

What are the main issues considered by the Supreme Court

Why is there a need for accreditation of a group or organization?
Committee which affects the prosecution of environmental
The requirement of accreditation of a group or organization is for
cases?
the purpose of verifying its existence. The accreditation is a
whether to relax the rule on "locus standi to encourage more mechanism to prevent fly by night groups from abusing the writ.
citizens to file suits involving violations of the country's
environmental laws; What are the contents of a petition for Writ of Kalikasan?
the delay in the disposition of pending environmental cases; Personal circumstances of the petitioner;
and
Name and personal circumstances of the respondent, or if
the problem of procuring evidence and crafting effective name is unknown or uncertain, an appellation for him;
remedies.
The environmental law violated;
The act or omission complained of;
What are the objectives of Writ of Kalikasan?
The environmental damage of such magnitude as to
For protection and promotion of constitutional right to a
prejudice the health, life or property of inhabitants in two or
balanced and healthful ecology;
more cities or provinces;
For simplified, speedy and inexpensive procedure in the
All relevant or material evidence;
enforcement of environmental rights and duties;
Certification of petitioner under oath that:
To introduce and adopt innovations in ensuring the effective
He has not commenced any action involving the same issue;
enforcement of remedies and redress for violation of
environmental laws; and If there is a pending action, the present status thereof;
To enable the courts to monitor and exact compliance with If he should learn that the same claim has been filed or is
orders and judgments in environmental cases. pending, he should report such fact within 5 days from
knowledge thereof to the court;
What are some features of the Writ of Kalikasan? The reliefs prayed for.
First of its kind in the WORLD.
Where is it filed?
Special Civil Action
With the Supreme Court or with any station of the Court of
Rule 7 of A.M. No. 09-6-8-SC: Rules of Procedure for
Appeals
Environmental Cases (Effective April 29, 2010)
A remedial measure that may be granted by the courts upon
Why is the petition filed in the Supreme Court or the Court of
the request of a person or a group whose constitutional right
Appeals?
to a healthy environment is violated
The magnitude of the environmental damage is the reason
for limiting where the writ may be filed, to the Supreme Court
What is the nature of a writ of kalikasan?
or Court of Appeals whose jurisdiction is national in scope.
It is an extraordinary remedy with the underlying emphasis on the
magnitude as it deals with damage that transcends political and
How much is the docket fee?
territorial boundaries.
The petitioner is EXEMPT from paying docket fees

How is magnitude measure?

What is the rationale of the exemption from the payment of
Magnitude is measured according to the qualification set forth in
docket fees?
the Rule when there is environmental damage that prejudices
The exemption from payment of docket fees is consistent with the
the life, liberty or property of inhabitants in two or more cities or
character of the reliefs available under the writ, which excludes
provinces.
damages for personal injuries. This exemption also encourages
public participation in availing of the remedy.
Give several instances wherein the SC issued Writ of Kalikasan.
Protected Area Mgt. Board to refrain from issuing
How is the writ issued?
clearances for fish cage operations in Taal Lake;
Within 3 days from the filing of the petition, if the petition is
government to answer a petition seeking to stop
sufficient in form and substance, the court shall order:
mining operations in the Zamboanga Peninsula;
Issuing the writ;
Placer Dome and Barric Gold to clean up the toxic
Requiring the respondent to file a verified return.
waste that spilled into the Boac River in Marinduque in 1996;
The Clerk of Court shall issue the writ.
Baguio City government to cease and desist from
using the Irisan dump facility either as a holding or staging
How is the writ served?
area or as controlled area for all kinds of solid wastes;
It is served personally or by substituted service by the court
Rehabilitating the Manila Bay by cleaning-up the river
officer or any person deputized by the court, who shall retain a
veins connected to the bay; and
copy on which to make the return of service.
Stopping FPIC from operating the 117-kilometer
Batangas-to-Manila oil pipeline after it leaked sometime in What if the court officers refuse to issue or serve the writ?
2010.
 They will be punished with contempt without prejudice to other The discovery measures available include ocular inspection and
administrative, civil, or criminal action. production or inspection of documents or things.

How can the discovery measures be availed of?

When should the respondent file a verified return?
Within a non-extendible period of ten (10) days after service of
the writ.
What are the contents of the return?
All defenses to show that respondent did not violate or What should be alleged in the motion for an ocular inspection?
threaten to violate, or allow the violation of any
environmental law, rule or regulation or commit any act
resulting to environmental damage of such magnitude
as to prejudice the life, health or property of inhabitants
in two or more cities or provinces.
Affidavits of witnesses
documentary evidence
scientific or other expert studies
object evidence, if possible
What are the contents of the ocular inspection order?
What is the effect if respondent will not raise all his defenses in
the return?
All defenses not raised in the return shall be deemed waived.
What is the effect of a general denial?
A general denial of allegations in the petition shall be considered
as an admission thereof.
What are the prohibited pleadings and motions?
Motion to dismiss;
Motion for extension of time to file return;
Motion for postponement;
Motion for a bill of particulars;
Counterclaim or cross-claim;
Third-party complaint;
Reply; and
Motion to declare respondent in default.
What is the purpose of providing for prohibited pleadings and
motions?
The purpose of prohibiting certain pleadings and motions is to
expedite the hearing of the petition.
Is a motion for intervention prohibited?
NO. A motion for intervention is excluded from the enumeration.
Allowing this motion is a reaffirmation of the public participation
aspect of the writ of kalikasan since there may be a large,
qualified pool of possible representatives interested in availing of
the remedy.
The discovery measures may be availed of by the filing of a
verified motion.
Who can avail of the discovery measures?
The discovery measures are available to a party in the case.
The motion must show that an ocular inspection order is
necessary to establish the magnitude of the violation or the
threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
It shall state in detail the place or places to be inspected.
It shall be supported by affidavits of witnesses having
personal knowledge of the violation or threatened violation of
environmental law.
After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry for
the purpose of inspecting or photographing the property or any
relevant object or operation thereon. The order shall specify the
person or persons authorized to make the inspection and the
date, time, place and manner of making the inspection and may
prescribe other conditions to protect the constitutional rights of all
parties.
What should be alleged in the motion for production or
inspection of documents or things?
The motion must show that a production order is necessary to
establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more
cities or provinces.
What are the contents of the production or inspection order of
documents or things?
After hearing, the court may order any person in possession,
custody or control of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce and
permit their inspection, copying or photographing by or on behalf
of the movant. The production order shall specify the person or
persons authorized to make the production and the date, time,
place and manner of making the inspection or production and
may prescribe other conditions to protect the constitutional rights
of all parties.

What is the effect for failure to file a return? What are the limits on the issuance of the discovery measures?
The court shall proceed to hear the petition ex parte Considering that these measures are invasive, the court may
prescribe conditions in any order granting such measures to
What are the matters taken up in a preliminary conference? safeguard constitutional rights.
Simplification of issues
determination of the possibility of obtaining stipulations or Who may be punished for indirect contempt?
admissions from the parties; The court may after hearing punish the respondent who refuses
setting up the petition for hearing or unduly delays the filing of a return, or who makes a false
return, or any person who disobeys or resists a lawful process or
What is the duration of the preliminary conference and hearing? order of the court for indirect contempt under Rule 71 of the
The hearing and preliminary conference shall not extend beyond Rules of Court.
sixty (60) days and shall be given the same priority as petitions
for the writs of habeas corpus, amparo and habeas data.
What are the contents of the order of the court submitting the
case for decision?
What is the nature of the hearing?
The court may require the filing of memoranda and if possible, in
The environmental damage subject of the writ may involve issues
its electronic form, within a non-extendible period of 30 days from
that are of a complex character, and for this reason, the hearing is
the date the petition is submitted for decision.
not summary. The abbreviated time frame required, however,
insures that the proceedings are expedited
What is the purpose of requiring the filing of memoranda in
electronic form?
What are the discovery measures available?
 The courts discretion in requiring the filing of memoranda in
electronic form if possible is for the purpose of expediting the
proceedings.
What is the procedure in rendering judgment?
Within sixty (60) days from the time the petition is submitted
for decision, the court shall render judgment granting or
denying the privilege of the writ of kalikasan.
After hearing, the court shall issue an order submitting the
case for decision.
The court may require the filing of memoranda and if
possible, in its electronic form, within a non-extendible
period of thirty (30) days from the date the petition is
submitted for decision.
Yes. The filing of a petition for the issuance of the writ of
kalikasan shall not preclude the filing of separate civil, criminal or
administrative actions.

What are the reliefs that may be granted under the writ of WRIT OF CONTINUING MANDAMUS
kalikasan?
Directing respondent to permanently cease and desist from What is the writ of continuing mandamus?
committing acts or neglecting the performance of a duty in Continuing mandamus is a writ issued in an environmental case
violation of environmental laws resulting in environmental directing any agency or instrumentality of the government or
destruction or damage; officer thereof to perform an act or series of acts decreed by final
Directing the respondent public official, government agency, judgment which shall remain effective until judgment is dully
private person or entity to protect, preserve, rehabilitate or satisfied.
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?
The reliefs that may be granted under the writ are broad,
comprehensive and non-exclusive. The reliefs regarding
monitoring and periodic reports ensure enforcement of the
judgment of the court.
Where should the petition be filed?
The petition shall be filed with the Regional Trial Court exercising
jurisdiction over the territory where the actionable neglect or
omission occurred or with the Court of Appeals or the Supreme
Court.

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

Summary and Comparative Table

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

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