RULE 6- STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

Section 1. Strategic lawsuit against public participation (SLAPP). - A legal action filed to harass,
vex, exert undue pressure or stifle any legal recourse that any person, institution or the government
has taken or may take in the enforcement of environmental laws, protection of the environment or
assertion of environmental rights shall be treated as a SLAPP and shall be governed by these Rules

Question:
 What is Strategic lawsuit against public participation (SLAPP)?
Answer:

It refers to an action whether civil, criminal or administrative, brought against any person, institution or
any government agency or local government unit or its officials and employees, with the intent to harass,
vex, exert undue pressure or stifle any legal recourse that such person, institution or government agency has
taken or may take in the enforcement of environmental laws, protection of the environment or assertion of
environment rights.

SEC. 2. SLAPP as a defense; how alleged. – In a SLAPP filed against a person involved in the enforcement of
environmental laws, protection of the environment, or assertion of environmental rights, the defendant may file
an answer interposing as a defense that the case is a SLAPP and shall be supported by documents, affidavits,
papers and other evidence; and, by way of counterclaim, pray for damages, attorney’s fees and costs of suit.
The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a SLAPP,
attaching evidence in support thereof, within a non-extendible period of five (5) days from receipt of notice that
an answer has been filed. The defense of a SLAPP shall be set for hearing by the court after issuance of the
order to file an opposition within fifteen (15) days from filing of the comment or the lapse of the period.

Question:
 How may the defendant file an answer as a defense of SLAPP?
Answer:
In a SLAPP filed against a person involved in the enforcement of environmental laws, protection of the
environment, or assertion of environmental rights, the defendant may file an answer interposing as a
defense that the case is a SLAPP shall be supported by documents, affidavits, papers and other
evidence; and, by way of counterclaim, pray for damages, attorney’s fees and costs of suit.
Question:
 How about the plaintiff or adverse party answer the opposition?
Answer:
The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a
SLAPP, attaching evidence in support thereof, within a non-extendible period of five (5) days from
receipt of notice that an answer has been filed.
The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file an opposition
within fifteen (15) days from filing of the comment or the lapse of the period
Note- In the context of environmental rights protection, a SLAPP suit may occur in the following scenarios,
among others:
1. X files a complaint in an environmental case against A (violator of environmental laws) and the A
retaliates by filing a complaint for damages against X;
2. X is a witness in a pending environmental case against A and the latter retaliates by filing a complaint for
damages or libel against X; or
3. X is an environmental advocate who rallies for the protection of environmental rights and a complaint for
damages is filed against him by A
Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in nature. The
parties must submit all available evidence in support of their respective positions. The party seeking the
dismissal of the case must prove by substantial evidence that his act for the enforcement of environmental law is
a legitimate action for the protection, preservation and rehabilitation of the environment. The party filing the
action assailed as a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP and is a
valid claim

Question:
 What is the summary hearing of defense in SLAPP?
Answer:
The hearing on the defense of a SLAPP shall be summary in nature. The parties must submit all available
evidence in support of their respective positions.
Question:
 What must be prove by the adverse party seeking the dismissal of the case?
Answer:
The party seeking the dismissal of the case must prove by substantial evidence that his act for the
enforcement of environmental law is a legitimate action for the protection, preservation and
rehabilitation of the environment.
Question:
 What must be prove by the party filing the action assailed as a SLAPP?
Answer:
The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that the action is not
a SLAPP and is a valid claim.

SEC. 4. Resolution of the defense of a SLAPP. – The affirmative defense of a SLAPP shall be resolved within
thirty (30) days after the summary hearing. If the court dismisses the action, the court may award damages,
attorney’s fees and costs of suit under a counterclaim if such has been filed. The dismissal shall be with
prejudice. If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing shall
be treated as evidence of the parties on the merits of the case. The action shall proceed in accordance with the
Rules of Court.

Question:
 What is the remedy of the court in case they dismisses the action regarding the defense of SLAPP?
Answer:
 If the court dismisses the action, the court may award damages, attorney’s fees and costs of suit
under a counterclaim if such has been filed. The dismissal shall be with prejudice.
Question:
 What is the effect if court reject the defense of the SLAPP?
Answer:
The dismissal of a SLAPP suit constitutes res judicata and is a bar to the refiling of a similar case. On the
other hand, the denial of a SLAPP defense allows the action to proceed in accordance with the Rules of
Court. Since the evidence adduced in the hearing of a SLAPP defense remains on record, the plaintiff is not
required to offer the evidence already adduced again.
Note- Since a motion to dismiss is a prohibited pleading, SLAPP as an affirmative defense should be raised in
an answer along with other defense that may be raised in the case alleged to be a SLAPP.
 RULE 7- WRIT OF KALIKASAN

Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity authorized
by law, people’s organization, non-governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose constitutional right to a balanced and
healthful ecology is violated, or threatened with violation 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.

Question:
 What is the nature of the writ of Kalikasan?
Answer:
 An extraordinary remedy which may be issued depending on the magnitude of the environmental
damage.
 Must be of such magnitude as to prejudice the life, health or property of inhabitants in two or
more provinces, or that which transcends political and territorial boundaries
 Seeks to address the potentially exponential nature of large – scale ecological threats

Question:
 Who may file the petition?

Answer:

1. natural or juridical person
2. entity authorized by law
3. people’s organization
4. non – governmental organization
5. any public interest group accredited by or registered with any government agency
 Those who may file for this remedy must represent the inhabitants prejudiced by the
environmental damage subject to the writ.

Section 2. Contents of the petition. - The verified petition shall contain the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent or if the name and personal circumstances are
unknown and uncertain, the respondent may be described by an assumed appellation;
(c) The environmental law, rule or regulation violated or threatened to be violated, the act or omission
complained of, and the environmental damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
(d) All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, scientific
or other expert studies, and if possible, object evidence;
(e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed any
claim involving the same issues in any court, tribunal or quasi-judicial agency, and no such other action or claim
is pending therein; (2) if there is such other pending action or claim, a complete statement of its present status;
(3) if petitioner should learn that the same or similar action or claim has been filed or is pending, petitioner shall
report to the court that fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

Question:
 What are the contents of the petition?

Answer:
a. Verification
 - affiant must attest that he/she has read the pleading and that the allegations are true of his /her
knowledge as provided for in Section 4, Rule 7, Rules of Court
- the petition should contain a certification of non – forum shopping.
b. Respondent
Section 2(b)
The petition may be filed even where the name and personal circumstances of respondent are
unknown and uncertain provided that he may be described by an assumed appellation.

c. Factual Allegations
Section 2(c)
Petitioner must specify the particular environmental law, rule, or regulation that is being violated or
threatened to be violated in order that the court may immediately determine whether the petition is
an environmental case that should be given priority.
 Cities or province need not be contiguous to one another. It is only necessary that the inhabitants of the
cities or provinces suffer or are threatened to suffer damage from the same cause.
 This kind of writ may be file only in the Supreme Court or with any of the appropriate stations of the
Court of Appeals in Manila, Cebu or Cagayan de Oro.
Section 2(d)
All relevant and material evidence, such as the affidavit of witnesses, documentary evidence,
scientific or expert studies and, if possible, object evidence must not only be alleged but attached to
the petition. The purpose of the requirement is to convince the court to issue, within three (3) days
from date of filing, the writ of kalikasan and require respondent to file a verified return.

In case petitioner prays for the issuance of temporary environmental protection order (TEPO)
- Compliance with Section (d) is necessary to show that the matter is of extreme urgency, the
petitioner or affected inhabitants are suffering or will suffer grave injustice and irreparable
injury.

Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any of the stations of the
Court of Appeals.

Question:
 Where do we file the petition?

Answer:
a. Venue
1. Supreme Court or with any of the stations of the Court of Appeals
- because of the magnitude of the environmental damage
2. Regional Trial Court which has territorial jurisdiction
- If the magnitude of the damage or threat affects inhabitants of less than two cities or
provinces
- Petitioner may ask for the issuance of the appropriate environmental protection order (EPO)
or avail of the petition for the writ of continuing mandamus.

Section 4. No docket fees. - The petitioner shall be exempt from the payment of docket fees.

Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the petition, if the petition is
sufficient in form and substance, the court shall give an order: (a) issuing the writ; and (b) requiring the
respondent to file a verified return as provided in Section 8 of this Rule. The clerk of court shall forthwith issue
the writ under the seal of the court including the issuance of a cease and desist order and other temporary reliefs
effective until further order.
Question:
 What shall the court order within three (3) days from the date of filing of the petition of writ of
kalikasan?
Answer:
 The court shall give an order issuing the writ and requiring the respondent to file a verified
return.

Question:
 What shall the clerk of court issue?

Answer:
 The clerk of court shall forthwith issue the writ under the seal of the court including the issuance
of a cease and desist order and other temporary reliefs effective until further order.

Section 6. How the writ is served. - The writ shall be served upon the respondent by a court officer or any
person deputized by the court, who shall retain a copy on which to make a return of service. In case the writ
cannot be served personally, the rule on substituted service shall apply.

Question:
 Who shall serve the writ of kalikasan?
Answer:
 The writ shall be served upon the respondent by a court officer or any person deputized by the
court.

Question:
 What if the writ cannot be served personally?
Answer:
 The rule on substituted service shall apply.

"Substituted service. - If the defendant cannot be served within a

reasonable time as provided in the preceding section, service may
be effected (a) by leaving copies of the summons at the defendant’s
dwelling house or residence with some person of suitable age and
discretion then residing therein; or (b) by leaving the copies at
defendant’s office or regular place of business with some
competent person in charge thereof."

Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly delays or refuses to
issue the writ after its allowance or a court officer or deputized person who unduly delays or refuses to serve the
same shall be punished by the court for contempt without prejudice to other civil, criminal or administrative
actions.

Question:
 What if the clerk of court unduly delays to issue the writ?
Answer:
 The officer shall be punished by the court for contempt.
Section 8. Return of respondent; contents. - Within a non-extendible period of ten (10) days after service of
the writ, the respondent shall file a verified return which shall contain all defenses to show that respondent did
not violate or 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.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary evidence, scientific or other expert studies, and if
possible, object evidence, in support of the defense of the respondent.
A general denial of allegations in the petition shall be considered as an admission thereof.

Question:
 When shall a verified return be filed?
Answer:
 A verified return shall be filed by the respondent within a non-extendible period of 10 years after
the service of the writ. (Section 8, Rule 7 of Rules of Procedure for Environmental Cases)
Question:
 What must the verified return contain?

Answer:
 The verified return must contain:

a. All defenses to show that respondent did not violate or 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; and

b. Affidavits of witnesses, documentary evidence, scientific or other expert studies, and if

possible, object evidence, in support of the defense of the respondent.

Defenses that are not raised in the return shall be waived. Furthermore, general denial of the
allegations that are not included in the return shall be considered as an admission thereof. (Section
8, Rule 7 of Rules of Procedure for Environmental Cases)

Section 9. Prohibited pleadings and motions. - The following pleadings and motions are prohibited:
(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
(h) Motion to declare respondent in default.

Question:
 What are the pleadings and motions that are prohibited under these Rules?

Answer:
 The pleadings and motions that are prohibited are the following:

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
 h. Motion to declare respondent in default. (Section 9, Rule 7 of Rules of Procedure for
Environmental Cases)

Section 10. Effect of failure to file return. - In case the respondent fails to file a return, the court shall proceed
to hear the petition ex parte.

Question:
 What is the effect of failure to file a return?

Answer:
 The failure of the respondent to file a return will not result in his being declared in default.
However, the court shall proceed to hear the petition ex parte upon failure of the respondent to file
a return. (Section 10, Rule 7 of Rules of Procedure for Environmental Cases)

Section 11. Hearing. - Upon receipt of the return of the respondent, the court may call a preliminary conference
to simplify the issues, determine the possibility of obtaining stipulations or admissions from the parties, and set
the petition for hearing.
The hearing including the preliminary conference shall not extend beyond sixty (60) days and shall be given the
same priority as petitions for the writs of habeas corpus, amparo and habeas data.

Section 12. Discovery Measures. - A party may file a verified motion for the following reliefs:
(a) Ocular Inspection; order — 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.

(b) Production or inspection of documents or things; order – 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.
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.

Question:
 What is a Bill of Particulars?
Answer:
 A detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given
upon the defendant's formal request to the court for more detailed information. 
Question:
 When is Bill of Particulars applied?

Answer:
 Before responding to a pleading but if the pleading is a reply, the motion must be filed within ten
(10) calendar days from service thereof.
Question:
 What is the action of the court on the Bill of Particulars?
Answer:
 Deny or grant it outright, or allow the parties the opportunity to be heard.
Question:
 How long is the compliance period ?
Answer:
 Within ten (10) calendar days from notice of the order, unless a different period is fixed by the
court.
Question:
 What is the effect of non compliance ?
Answer:
 If the order is not obeyed, or in case of insufficient compliance therewith, the court may order the
striking out of the pleading or the portions thereof to which the order was directed[,] or make such
other order as it deems just.
Question:
 How long is the Stay of period to file responsive pleading.
Answer:
 Equal to the time he or she was entitled at the time of filing his or her motion, which shall not be
less than five (5) calendar days in any event.

Section 13. Contempt. - The court may after hearing punish the respondent who refuses 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 order of
the court for indirect contempt under Rule 71 of the Rules of Court.

Question:
 How long is the Stay of period to file responsive pleading.
Answer:
 Equal to the time he or she was entitled at the time of filing his or her motion, which shall not be
less than five (5) calendar days in any event.

Section 14. Submission of case for decision; filing of memoranda. - 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.

Section 15. 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.
The reliefs that may be granted under the writ are the following:
(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 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.

Section 16. Appeal. - Within fifteen (15) days from the date of notice of the adverse judgment or denial of
motion for reconsideration, any party may appeal to the Supreme Court under Rule 45 of the Rules of Court.
The appeal may raise questions of fact.

Section 17. Institution of separate actions. - 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.

Reference:
- Law on Natural Resources and Environmental Law Developments (Agcaoili).