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    Distinction Between Writ of Kalikasan and Continuing Mandamus Kalikasan Continuing Mandamus

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    Deeej cartal
    1. The key differences between a writ of kalikasan and continuing mandamus are that a writ of kalikasan can be filed in the CA and SC against private individuals/entities for environmental damage affecting multiple areas, while continuing mandamus is filed in lower courts against government for unlawful neglect of duties. 2. In civil SLAPP cases, the defendant can file an answer asserting it as a defense and providing evidence within 5 days of the plaintiff's opposition. A hearing must be set within 15 days and resolved within 30 days of the summary hearing. 3. When granting bail in environmental cases, the court must read the information to the accused, have them sign an undertaking to appear, and allow trial in absent

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    Distinction Between Writ of Kalikasan and Continuing Mandamus Kalikasan Continuing Mandamus

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    Deeej cartal
    54 views3 pages
    1. The key differences between a writ of kalikasan and continuing mandamus are that a writ of kalikasan can be filed in the CA and SC against private individuals/entities for environmental damage affecting multiple areas, while continuing mandamus is filed in lower courts against government for unlawful neglect of duties. 2. In civil SLAPP cases, the defendant can file an answer asserting it as a defense and providing evidence within 5 days of the plaintiff's opposition. A hearing must be set within 15 days and resolved within 30 days of the summary hearing. 3. When granting bail in environmental cases, the court must read the information to the accused, have them sign an undertaking to appear, and allow trial in absent

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    1. The key differences between a writ of kalikasan and continuing mandamus are that a writ of kalikasan can be filed in the CA and SC against private individuals/entities for environmental damage affecting multiple areas, while continuing mandamus is filed in lower courts against government for unlawful neglect of duties. 2. In civil SLAPP cases, the defendant can file an answer asserting it as a defense and providing evidence within 5 days of the plaintiff's opposition. A hearing must be set within 15 days and resolved within 30 days of the summary hearing. 3. When granting bail in environmental cases, the court must read the information to the accused, have them sign an undertaking to appear, and allow trial in absent

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views3 pages

    Distinction Between Writ of Kalikasan and Continuing Mandamus Kalikasan Continuing Mandamus

    Uploaded by

    Deeej cartal
    1. The key differences between a writ of kalikasan and continuing mandamus are that a writ of kalikasan can be filed in the CA and SC against private individuals/entities for environmental damage affecting multiple areas, while continuing mandamus is filed in lower courts against government for unlawful neglect of duties. 2. In civil SLAPP cases, the defendant can file an answer asserting it as a defense and providing evidence within 5 days of the plaintiff's opposition. A hearing must be set within 15 days and resolved within 30 days of the summary hearing. 3. When granting bail in environmental cases, the court must read the information to the accused, have them sign an undertaking to appear, and allow trial in absent

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    1.

    Distinction between writ of Kalikasan and Continuing Mandamus

    Kalikasan Continuing Mandamus


    Venue CA and SC only RTC, CA or SC
    Respondents Include private individuals, Only Government or its
    entities officers
    Petitioners Broad Only those aggrieved
    Subject Matter Unlawful act or omission -Unlawful neglect in the
    involving environmental performance of duty;
    damage affecting two or -Unlawful exclusion from use
    more cities or provinces or enjoyment of right
    Docket Fees Exempt Exempt
    Discovery Ocular Inspection & None
    Production of documents,
    things
    Damages Award not available to Personal damages may be
    individual petitioner. Must awarded.
    file separate action for
    damages.
    A writ issued by a court in an
    environmental case directing
    any agency or instrumentality
    of the government or officer
    thereof to perform an act or
    series of acts decreed by final
    judgment which shall remain
    effective until judgment is
    fully satisfied

    2. How to raise the defense in Criminal and Civil SLAPPS


    Civil Cases Rule 6, Part II
    - File an answer interposing as a defense that the case is a SLAPP.
    - Append documents, affidavits, papers and other evidence.
    - By way of counterclaim, defendant should pray for damages, attorneys fees and cost of suit.
    - Period to file plaintiff’s opposition – 5 days
    - Set Hearing – 15 days from comment
    - Period to resolve – 30 days after summary hearing.

    3. Procedure in the grant of bail in environmental cases


    - Before granting bail, read the information in language known and understood by the Accused.
    - Require Accused to sign an undertaking that:
    a) He/she will appear during the date of his arraignment;
    b) If he/she fails to appear during his arraignment without justification:
    o He/she waives his right to be read of the information;
    o He/she authorizes the court to enter a plea of not guilty on his behalf;
    o He/she authorizes the court to set the date of trial of his case.
    c) He/she will appear whenever required by the Court. d) He/she waives his right to be present
    during trial.
    d) If absent without justification despite due notice, he/she allows trial in absentia.

    4. Distinction between ordinary and environmental civil action and citizen’s suit
    Ordinary Civil Action
    - is one by which a party sues another for the enforcement or protection of a right or the
    prevention or redress of a wrong.

    Environmental Civil Action


    -
    Citizen’s Suit
    - Any Filipino citizen in representation of others, including minors or generations yet unborn,
    may file an action to enforce rights or obligations under environmental laws. Upon the filing
    of a citizen suit, the court shall issue an order which shall contain a brief description of the
    cause of action and the reliefs prayed for, requiring all interested parties to manifest their
    interest to intervene in the case within fifteen (15) days from notice thereof. The plaintiff
    may publish the order once in a newspaper of a general circulation in the Philippines or
    furnish all affected barangays copies of said order.

    5. When the court acquires jurisdiction in both civil and criminal environmental cases

    6. Custody procedure in seized items after valid search


    - Notice of auction to be furnished the accused or the owner of seized items and the
    concerned government agency.
    - Posting of notice in 3 conspicuous places where the items were seized
    - Proceeds of the auction sale to be deposited in trust and to be disposed of in
    accordance with the judgment of the case

    7. Provisional remedies in environmental cases


    Attachment –
    1. Accused is about to abscond.
    2. Accused is public officer and the case is based on a claim of misuse, embezzlement of public
    funds.
    3. Accused has disposed of, concealed or removed his property or is about to do so.
    4. Accused resides outside of the Philippines.

    Environmental Protection Order –


    1. Ex-parte TEPO – valid for 72 hours; issued in extreme urgency.
    2. TEPO – issued after summary hearing; valid during the pendency of the criminal case.
    3. Permanent EPO – issued after judgment converting TEPO into permanent one.

    8. How to apply precautionary principle as a rule in evidence in environmental cases


    Applicability:
    When there is lack of full scientific certainty in establishing causal link between human activity
    and environmental effect or harm.

    Right to a balanced and healthful ecology to be given the benefit of the doubt.
    Standards in applying PP:
    a. threats to human life or health;
    b. inequity to present or future generations; or
    c. prejudice to the environment without legal consideration of the environmental rights of those
    affected

    9. Difference between 2004 criminal procedure and environmental criminal procedure

    Additional:
    1. Garganera vs Osmena
    2. Prescriptive Periods under Envi Rules
    3. Definition of Terms
    4. Different Approaches in conservation as explained in the rationale of the rules
    5. Precautionary Principle as a rule in evidence

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