REMEDIES IN

ENVIRONMENTAL
CASES
Selected provisions from the Rules of Court
WRIT OF KALIKASAN
• Nature of the writ. - (Sec. 1, R7)
• Available to either natural or juridical person
• Constitutional Basis (Sec. 16, Art. II)
• threatens with violation by an unlawful act or omission of a public
official or employee, or private individual or entity,
• Averments needed. involves environmental damage of such
magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
• Where to file. - The petition shall be filed with the Supreme
Court or with any of the stations of the Court of Appeals. (S3,
R7)
• Appeal. - Within fifteen (15) days from the date of notice of
the adverse judgment or denial of motion for reconsideration
= Supreme Court = QOL/QOF, Rule 45 (S16, R7)
WRIT OF CONTINUING
MANDAMUS
• When any agency or instrumentality of the government or
officer thereof unlawfully neglects 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 unlawfully excludes another from the use or
enjoyment of such right
• the respondent to do an act or series of acts until the
judgment is fully satisfied, and to pay damages sustained by
the petitioner by reason of the malicious neglect to perform
the duties of the respondent, under the law, rules or
regulations.
 Summary of Difference and Similarities
CATEGORIES WRIT OF KALIKASAN WRIT OF CONTINUING
MANDAMUS
SUBJECT MATTER Unlawful act or omission; life Neglect or exclusion; law, rule
health or property or right
PETITIONER Any person or representative One who is personally
/agent (PO/NGO/Public aggrieved
Interest Group)

RESPONDENT Public or private entity or Government or officers

individual
TEPO Ancillary remedy Ancillary remedy

VENUE Supreme Court or Court of Supreme Court, CA or RTC

Appeals
MODES OF DISCOVERY Ocular inspection or No enumeration
production of documents
DAMAGES None Allow damages for
malicious neglect of duty