RULES OF PROCEDURE FOR ENVIRONMENTAL 3.

Motion for extension of time to file pleadings, except

to file answer, the extension does not exceed 15 days
CASES TEPO
 Duration – 72 hours from the receipt of TEPO by the
CIVIL PROCEDURE party or person enjoined.
 NO INJUNCTION AGAINST ENVIRONMENTAL CASES,  Applicant is excepted from posting bond for the
unless SC issuance of a TEPO
 Remedy for an urgent relief against unlawful actions  May be dissolved if It appears after hearing that its
committed by government agencies in environmental issuance or continuance would cause irreparable
cases - TEPO, if the court finds out that the damage to the party or person enjoined
environmental protection order (EPO) is of matter of
extreme urgency Citizen Suit (CS)
 Suit whereby any Filipino in representation of others,
Pre-Trial Conference including minors or generation yet unborn, may file an
 The court shall immediately refer the parties to the action to enforce rights or obligations under
Philippine Mediation Center (PMC) environmental laws
 One of the duties of a judge in pre-trail conference is  Reliefs granted: may include protection, preservation,
to issue a consent decree rehabilitation of the environment, and the payment of
o Consent decree is a judicially approved atty fees, cost of suit, and other litigation expenses.
settlement between concerned parties based  No damages awarded in CS
on public interest to protect and preserve the  Remedy to recover damages? File a separate action.
environment.  Judgement in CS shall be immediately executory
 If plaintiff does not appear at PTC – not dismiss the pending appeal UNLESS restrained by the appellate
case unless, repeated and unjustified failure of the court
plaintiff to appear.  Appellate court can issue TRO to restrain execution,
 If defendant does not appear at PTC – court shall should the appellate court refuse to act on the TRO, 65
receive the evidence ex parte. can be brought to the SC
 Executory judgment pending appeal shall NOT be
Prohibited Pleading in EC stayed by posting bond since the sole remedy is with
1. Motion to dismiss the complaint the appellate court.
2. Motion for bill of particular
Permanent Environmental Protection Order Writ of Kalikasan
 Refers to an order issued by the court directing or  Is a special remedy available against an unlawful or
enjoining any person or government agency to omission of a public official or employee or private
perform or desist from performing an act in order to individual pr entity, involving environmental damage of
protect the environment such magnitude as to prejudice the life, health or
 TEPO may be converted by the court to a permanent property of inhabitants in two or more cities or
EPO or issue a writ of continuing mandamus directing provinces
the performance of acts which shall be effective until  Private individual can be respondent, unlike Writ of CM
the judgement is fully satisfied.  No discovery measures
 Requisites:
Strategic Lawsuit Against Public Participation (SLAPP) 1. There is an actual or threatened violation of the
 SLAPP refers to: constitutional right to balanced and healthful
1. An action whether civil, criminal or administrative ecology
2. Brought by any person, institution or any 2. The actual or threatened violation arises from an
government agency or etc unlawful act or omission of a public official or
3. With intent to harass, vex, exert due, pressure or employee or private individual or entity.
stifle any legal recourse that such person, 3. The actual or threatened violation involves or will
institution or government agency has taken or may lead to an environmental damage of SUCH
take in the enforcement of environmental laws. MAGNITUDE as to prejudice the life, health or
 In civil case, the defendant may file an answer property of inhabitants in two or more cities and
interposing as an affirmative defense that the action is province.
SLAPP, with supporting documents.  Facts that must be proved:
 In criminal case, upon filing of information and before 1. The environmental law violated or threatened to
arraignment, the accused may file a motion to dismiss be violated
on the ground that the criminal action is a SLAPP. 2. Act or omission complained of
 In a case invoving SLAPP, the defendant must prove his 3. The environmental damage of such magnitude as
defense by substantial evidence, while the plaintiff to prejudice life, health or property of inhabitants
filing the case must prove that his claim is not SLAPP by in two or more cities or province
preponderance of evidence.  Take Note: OF TWO OR MORE CITIES OR PROVINCE.
 May be filed with the SC or with any of the station of
Special Proceedings: the CA.
 Petitioner is exempted from paying docket fees. 8. Motion to declare respondent in default
 If the writ cannot be personally served, rule on
substituted service shall apply
 Reliefs granted under the Writ Writ of Continuing Mandamus
1. Directing the respondent to permanently cease and  Writ issued by a court in an environmental case
desist from committing acts or neglecting the directing any agency or instrumentality of the
performance of duty government or officer thereof to perform an act or
2. Directing the respondent to protect, preserve, series of acts decreed by final judgement which shall
rehabilitate or restore the environment remain effective until judgement is fully satisfied.
3. Directing the respondent to monitor strict  Available only to the one who is personally aggrieved
compliance with the decision and orders of the by the unlawful act or omission.
court  Only against government or its officers.
4. Directing the respondent to make periodic reports  Has discovery measures
on the execution of the final judgement  Allows damages for malicious neglect of the
5. Such other reliefs which relate to the right of performance of the legal duty of the respondent
people to a balanced and healthful ecology. EXCEPT identical to 65.
award of damages to individual petitioner.  Grounds:
 Within 15 days from the date of notice of the adverse 1. When any agency or instrumentality of the
judgement or denial of MR, appeal to the SC may be government or officer thereof unlawfully neglects
had under rule 45. the performance of an act which the law
 Filing of petition for writ of kalikasan shall not preclude specifically enjoins as a duty resulting from an
the filing of separate criminal, civil or administrative office, trust or station in connection with the
case. enforcement or violation of an environmental law
 Prohibited Pleadings: rule or regulation or a right therein; or
1. MTD 2. Unlawfully excludes another from the use or
2. Motion for extension of time to file return enjoyment of such right: and
3. Motion for postponement 3. There is no other plain, speedy and adequate
4. Motion for a bill of particulars remedy in the ordinary course of law
5. Counterclaim or cross-claim  Petition shall be filed with the RTC exercising
6. Third-party complaint jurisdiction over the territory where the actionable
7. Reply neglect or omission occurred or with the CA or SC
  No docket fees required. corporation subsidiary liable under Article 102 and
 Reliefs granted: Article 103 of the Revised Penal Code
1. Requiring the respondent to perform an act or
series of acts until the judgement is fully satisfied EVIDENCE
2. Other reliefs as may be warranted resulting from  Precautionary Principle (PP) states that when human
the wrongful or illegal acts of the respondent. activities may lead to threats of serious and irreversible
3. Require the respondent to submit periodic reports damage to the environment that is scientifically
detailing the progress and execution to the plausible but uncertain, actions shall be taken to avoid
judgement or diminish that threat.
 Standards in applying the PP:
1. Threats to human life or health
CRIMINAL PROCEDURE 2. Inequity of present or future generations
3. Prejudice to the environment without legal
 In criminal cases where there is no private offended consideration of the environmental rights of those
party, a counsel whose services are offered by any affected
person, or organization may be allowed by the court as  Photos, videos and similar evidence of events, acts,
special prosecutor, with the consent of an subject to transaction of wildlife, wildlife by-products or
the control and supervision of the public prosec. derivatives, forest products or mineral resources
 As a general rule, when a criminal action is instituted, subject of a case shall be admissible when
the civil action for the recovery of civil liability arising authenticated by:
from the offense charged, shall be deemed instituted 1. The person who took the same
with the criminal action unless: Waived, reserved, or 2. Some other person present when said evidence
instituted prior to the criminal action was taken
 Arrest without warrant may be made, when: 3. Any other person competent to testify on the
1. In flagrante delicto accuracy thereof.
2. Hot pursuit
 In case of conviction of the accused and subsidiary
liability is allowed by law, the court may by motion of
the person entitled to recover under judgment,
enforce such subsidiary liability against a person or
ALTERNATIVE DISPUTE RESOLUTION o Court-Annexed Mediation – process conducted
 Alternative Dispute Resolution System means any under the auspices of the court after such court
process or procedure used to resolve a dispute or has acquired jurisdiction of the dispute.
controversy other than by adjudication of a presiding  Arbitral tribunal is a creature of contract and does not
judge of a court or an officer of a government agency, exercise quasi-judicial powers. Quasi-judicial bodies
in which a neutral third party participates to assist in (QJB) are creature of law
the resolution of issues , which includes arbitration,  An arbitration is international if:
mediation, conciliation, early neutral evaluation, mini- 1. Parties their places of business in different estates
trial or any combination thereof. 2. One of the ff is situated outside the State in which
o Arbitration – voluntary dispute resolution the parties have their places of business
which one or more arbitrator, appointed in a. The place of arbitration if determined in, or
accordance with the agreement of the parties pursuant to, the arbitration agreement
or rules promulgated, resolve a dispute b. Any place where a substantial part of the
rendering an award. obligation of the commercial relationship is
o Commercial Arbitration –if it covers matter to be performed or the place with which
arising from all relationships of a commercial the subject matter of the dispute is most-
nature, whether contractual or not closely connected.
o Mediation – voluntary process in which a 3. The parties have expressly agreed that the subject
mediator is selected by the disputing parties matter of the arbitration agreement relates to
facilitates communication and negotiation, and more than one country.
assist the parties in reaching a voluntary
agreement regarding a dispute Judicial Review of Arbitral Awards
o Mediation – Arbitration – or Med Arb is a step  Arbitral awards may not be appealed to the court. The
dispute resolution involving both mediation and arbitration is meant to be the end, not the beginning of
arbitration litigation.
o Mini-Trial – a structured dispute resolution  Thus, the arbitration award is final and binding on the
parties by reason of their contract – the arbitration
method in which the merits of a case are
agreement.
argued before a panel comprising senior
decision maker with or without the presence of  The court shall not set aside or vacate the award of the
a neutral third person after which the parties arbitral tribunal merely on the ground that the arbitral
seek a negotiated settlement. tribunal committed errors of fact, or of law, or of fact
 and law, as the court cannot substitute its judgment lapse of 30 days from the receipt of the petitioner of
for that of the arbitral tribunal. the arbitral award. The 30 days shall also be the period
 Certiorari will not also lie against arbitral award since to file a petition to correct or modify a domestic
certiorari is a prerogative writ designed to correct arbitral award.
errors of jurisdiction COMMITTED BY JUDICIAL OR QJB.  Grounds for vacating arbitral award
 The courts may only intervene only in cases allowed by 1. Award was procured through corruption, fraud and
law or Special ADR Rules. The Special ADR Rules are a undue mean
self-contained body of rule. 2. There was evident partiality or corruption in the
 Scope of Judicial action on arbitral awards: arbitral tribunal or any of its members:
o Court can only enforce, or it can vacate or set 3. The arbitral tribunal was guilty of misconduct or
aside the decision of an arbitral tribunal upon a any form of misbehavior that has materially
clear showing that the award suffers from any prejudiced the rights of any party such as refusing
infirmities or grounds from vacating an arbitral to postpone a hearing upon sufficient cause shown
award under section 24 of the RA 876 or under or to hear evidence pertinent and material to the
Rule 34 of the Model Law in a domestic controversy
arbitration or for setting aside an award in an 4. One or more of the arbitrators was disqualified to
international arbitration under Article 34 of the act as such under the law and willfully refrained
Model Law. from disclosing such disqualification
o the court also shall entertain such ground for 5. The arbitral tribunal exceeded its power, or so
the setting aside or non-recognition of the imperfectly executed them, such that a complete,
arbitral award only if the same amounts to a final and definite award upon the subject matter
violation of public policy submitted to them was not made
o when is an award against public policy? The 6. The arbitration agreement did not exist or is invalid
illegality or immorality of the award must reach for any ground for the revocation of a contract or
a certain threshold such that, enforcement of otherwise unenforceable
the same would be against Our State's 7. A party to arbitration is a minor or a person
fundamental tenets of justice and morality, or judicially declared to be incompetent
would blatantly be injurious to the public, or  Ground for modifying or correcting domestic arbitral
the interests of the society. award
 In domestic arbitration the period to file petition to 1. Miscalculation of figures or an evident mistake in
confirm arbitral award shall be at any time after the the description
 2. Arbitrator have awarded upon a matter not 1. Failed to apply the applicable standard to test for
submitted to them judicial review prescribed in the Special ADR Rules
3. Arbitrators have omitted to resolve an issued in arriving at its decision resulting in substantial
submitted to them for resolution prejudice to the aggrieved party
4. Award is imperfect in a matter of form not affecting 2. Erred in upholding a final order or decision despite
the merits of the controversy, and if it had been a the lack of jurisdiction of the court that rendered
commissioner’s report, the defect could have been such order
amended or disregarded by the court. 3. Failed to apply any provision, principle, policy or
rule contained in these Special ADR rules resulting
Appeal from Court Decision on Arbitral Award in substantial prejudice to the aggrieved party
 Appeal to the CA through petition for review under this 4. Committed an error so egregious and harmful to a
special rule shall only be allowed from the order of the party as to amount to an undeniable excess of
RTC. jurisdiction.
 Petition for review shall be filed within 15 days from  Note: the mere fact the petitioner disagrees with the
the notice of decision of the RTC. CA’s determination of question of facts, of law or both
 Failure of the petitioner to post bond shall be ground shall not warrant the exercise of the SC discretionary
for the CA to dismiss the petition. power.
 The appeal shall not stay the award, judgement, final  Appeal to SC shall be filed within 15 days from the
order or resolution sought to be reviewed unless the notice of judgement or final order or from the denial of
CA directs otherwise. the petitioner’s MNT or MR filed in due time after
 If the decision of the Regional Trial Court refusing to notice of judgement
recognize and/or enforce, vacating and/or setting aside  Sc may extend the period to file petrev for 30 dyas:
an arbitral award is premised on a finding of fact, the 1. On motion duly filed and served
Court of Appeals may inquire only into such fact to 2. With full payment of the docket and other lawful
determine the existence or non-existence of the fees
specific ground under the arbitration laws of the 3. The deposit for costs before the expiration of the
Philippines relied upon by the Regional Trial Court to reglementary period.
refuse to recognize and/or enforce, vacate and/or set
aside an award. Venue and Jurisdiction
 Ground when a party file an appeal by certiorari to the
SC
  RTC has the jurisdiction for the enforcement of AA or 8. Confirmation, correction, or vacation of
for the vacation or setting aside of domestic arbitral award in domestic arbitration
award: 9. Recognition and enforcement of setting
1. In which one of the parties is doing business aside an award in international commercial
2. Where any of the parties reside arbitration
3. Where the arbitration proceedings were 10. Recognition and enforcement or setting
conducted. aside of an award in international
commercial arbitration
 In case of International Arbitration 11. Confidentiality/protective order
 In the RTC: 12. Deposit and enforcement of mediated
1. Where the arbitration proceedings are settle agreement
conducted  All proceeding under special adr are special
2. Where the asset to be attached or levied proceedings
upon, or the act to be enjoined is located  What are summary in nature?
3. Where the act to be enjoined will be or is 1. judicial relief involving the issue of
being performed existence, validity or enforceability of the
4. Where any of the parties to the dispute arbitration agreement
resides or has his place of business 2. referral to ADR
5. In National Judicial Capital Region 3. interim measures of protection
 At the option of the applicant. 4. appointment of arbitrator
5. challenge to appointment of arbitrator
Special Rules in ADR 6. termination of mandate of arbitrator
 Cases under Special Rules 7. assistance in taking evidence
1. Relief on the issue of Existence, Validity, 8. confidentiality/protective order
enforceability of the arbitration 9. deposit and enforcement of mediated
2. Referral to alternative dispute resolution settlement agreement
3. Interim measure of protection  Prohibited submissions
4. Appointment of arbitrator 1. MTD
5. Challenge to appointment of arbitrator 2. Motion of bill of particulars
6. Termination of mandate of arbitrator 3. Motion for new trial or reopening of trial
7. Assistance in taking evidence 4. Petition for relief of judgement
 5. Motion for extension except in case when  The court cannot enjoin the arbitration proceedings
an ex parte temporary order of protection during the pendency of the proceedings
has been issued  Grounds of the petition:
6. Rejoinder to reply o AA is invalid, inexistent or unenforceable as a
7. Motion to declare a party in default result of which the arbitral tribunal has no
8. Any other pleading specifically disallowed jurisdiction to resolve the dispute
under any provision of the special ADR  If arbitration has already commenced, the court shall
rules. dismiss the petition if it fails to comply with the
 The court shall motu proprio order a pleading/motion requirements above; or if upon consideration of the
that it has determined to be dilatory in nature to be grounds alleged and the legal briefs submitted by the
expunged from the records parties, the petition does not appear to be prima facie
meritorious
Judicial Relief Involving the Issue of Existence, Validity and  Principle of Separability
Enforceability of Arbitration Agreement o Special ADR rules recognize the principle of
 The remedy of judicial relief, whether resorted to separability of arbitration clause, which means
before or after commencement or arbitration, shall that said clause shall be treated as an
apply only when the place of arbitration is in the PH. agreement independent of the other terms of
 Arbitration agreement does not preclude parties from the contract of which it forms.
seeking provisional remedies from the court o A decision that the contract is null and void,
 When the judicial relief be filed? does not ipso jure entail the invalidity of the
o Before arbitration commences, the petition for arbitration clause
judicial determination may be filed at any time  Principle of Competence-Competence
prior to such commencement. o The arbitral tribunal may initially rule on its
o After arbitration commences, the petition may own jurisdiction, including any objection with
be filed within 30 days after having received respect to the existence or validity of the
notice of the ruling of the arbitral tribunal arbitration agreement or any condition
upholding or declining its jurisdiction precedent to the filing of a request for
 Despite the petition herein, arbitral proceedings may arbitration.
nevertheless commence and continue to the rendition o Pursuant to this principle, where the court is
of an award asked to make a determination of whether or
not the AA is null and void, under this policy of
 judicial restraint, the court must make no more  The request for referral to arbitration where the
than a prima facie determination of that issue. arbitration agreement exists shall be made not later
 If the court determines that there is a prima facie valid than the pre-trial conference
arbitration agreement, it must suspend the action o After the pre-trial conference, the court will
before it and refer the parties to arbitration pursuant only act upon the request for referral if it is
to AA. Otherwise the court shall continue with the made with the agreement of all parties to the
judicial proceedings. case
 May the prima facie determination upholding the AA  If there is no existing arbitration agreement at the time
be assailed? the case is filed but the parties subsequently enter into
o It depends an arbitration agreement, they may request the court
 Before commencement of arbitration – to refer their dispute to arbitration at any time during
the order shall NOT be subject to a MR, the proceedings
appeal or certiorari  Proceedings not subject of arbitration
 After commencement of arbitration – 1. Labor disputes covered by the Labor code
aggrieved party may file a MR of the 2. The civil status of persons
order. But not subject to appeal, 3. The validity of a marriage
petition for certiorari, because what 4. Any ground for legal separation
may be the subject of certiorari is the 5. The jurisdiction of courts
ruling of the court that arbitral tribunal 6. Future legitime
has no jurisdiction. 7. Criminal liability
 If the arbitral tribunal renders a final arbitral award 8. Those which by law cannot be
and the court has not rendered a decision on the compromised
petition, that petition shall become ipso facto moot  An order referring the dispute to arbitration shall be
and academic and shall be dismissed by the RTC. immediately executory and shall not be subject to a
 A formal request for arbitration is not the sole means motion for reconsideration, appeal or petition for
of invoking an arbitration clause. The invocation may certiorari
also be done by raising as an issue the existence of the o An order denying the request shall not be
arbitration agreement in an answer or any other subject to an appeal but may be subject of a
motion. motion for reconsideration and/or a petition for
certiorari
  Without need of a prior hearing, the court shall issue
Interim Measure of Protection an immediately executory temporary order of
 A petition for an interim measure of protection may be protection cases where, based solely on the petition,
made the court finds that there is an urgent need to:
o Before arbitration is commenced, or o Preserve the property
o After arbitration is commenced but before the o Prevent the respondent from disposing of, or
constitution of the arbitral tribunal, or concealing, the property; or
o After the constitution of the arbitral tribunal o Prevent the relief prayed for from becoming
and at any time during arbitral proceedings but illusory because of prior notice it shall issue an
at this state, only to the extent that the arbitral immediately executory temporary order of
tribunal has no power to act or is unable to act protection.
effectively.  The ex parte temporary order of protection shall be
 The court shall defer action on any pending petition valid only for a period of 20 days from the service on
upon being informed that an arbitral tribunal has been the party required to comply with the order
constituted. The court may act upon such petition only  The respondent has the option of having the
if it is established by the petitioner that the arbitral temporary order of protection lifted by posting an
tribunal has no power to act on any such interim appropriate counter-bond as determined by the court.
measure or is unable to act thereon.  If the other parties fail to file their opposition on or
 Interim measures of protection that the court may before the day of the hearing, the court shall motu
grant: proprio render judgment only on the basis of the
o Preliminary injuction directed against a party to allegations in the petition that are substantiated by
the arbitration supporting documents and limited to what is prayed
o Preliminary attachment for therein
o Receivership  Order of the court pertaining to the Petition for interim
o Detention, preservation, delivery or inspection relief may be the subject of a motion for
or property reconsideration and/or appeal or if warranted, a
o Assistance in the enforcement of an interim petition for certiorari.
measure of protection granted by the arbitral  Any court order granting or denying interim measure/s
tribunal, which the latter cannot enforce of protection is issued without prejudice to
effectively subsequent grant, modification, amendment, revision
 or revocation by the arbitral tribunal as may be not valid under the law to which the
warranted parties have subjected it or. failing
 Any question involving a conflict or inconsistently any indication thereof, under
between the two interim measures of protection shall Philippine law
be immediately referred by the court to the arbitral b. The party making the application to
tribunal which shall have the authority to decide such set aside or resist enforcement was
question. not given proper Notice of the
Enforcement and Recognition or Setting Aside of an appointment of an arbitrator or of
International Commercial Arbitral Award the arbitral proceedings or was
 Petition for enforcement and recognition of an arbitral otherwise unable to present his case
award may be filed anytime form receipt of the award. c. The award deals with a dispute not
 The petition to set aside an arbitral award may only be contemplated by or not falling
filed within 3 months from the time the petitioner within the Terms of the submission
receives a copy thereof. to arbitration, or contains decisions
o If a timely request is made with the arbitral on matters beyond the scope of the
tribunal for correction, interpretation or submission to arbitration; provided
additional award, the three (3) month period that, if the decisions on matters
shall be counted from the time the petitioner submitted to arbitration can be
receives the resolution by the arbitral tribunal separated from those not so
of that request. submitted, only that part of the
 The dismissal of a petition to set aside an arbitral award which contains decisions on
award for being time-barred shall not automatically matters not submitted to arbitration
result in the approval of the petition filed therein and may be set aside or only that part of
in opposition thereto for recognition and enforcement the award which contains decisions
of the same award on matters submitted to arbitration
 Ground for setting aside or refuse the enforcement of may be enforced;
an international commercial arbitration d. The composition of the arbitral
1. The party making the application furnishes tribunal or the arbitral procedure
proof that: was not in accordance with the
a. A party to the AA was under some agreement of the parties, unless
Incapacity or the said agreement is such agreement was in conflict with
 a provision of the parties cannot o RTC has acted without or in excess of
derogate or failing such agreement, jurisdiction or GAD amounting to lack of excess
was not in accordance with PH law of jurisdiction
2. The court finds that: o There is no other plain, speedy, adequate
a. The subject-matter of the dispute is remedy or appeal
not capable of settlement by  Period = filed with CA within 15 days from notice of
arbitration under the law of the PH judgement. Which is different form certiorari under
b. The recognition or enforcement of R65 which provides for 60 days
the award would be contrary to  A petition for certiorari to the 'court from the action of
public policy. the appointing authority or the arbitral tribunal
 Recourse to a court against an arbitral award shall be allowed under this Rule shall not preyent the arbitral
made only through a petition to set aside the arbitral tribunal from continuing the proceedings and
award on the ground prescribed by the law that rendering its award
governs international commercial arbitration o Should the arbitral „tribunal continue with. the"
proceedings, the arbitral proceedings and any
Recognition and Enforcement of a Foreign Arbitral Award award rendered therein will be subject to the
 The recognition and enforcement of a foreign arbitral final outcome of the pending petition for
awards shall be governed by the 1958 New York certiorari
convention on the recognition and enforcement of  The Court of Appeals shall not, during the pendency of
foreign arbitral award and this rule. the proceedings before it, prohibit or enjoin the
 The court may, upon grounds of comity and commencement of arbitration the constitution of the
reciprocity, recognize and enforce a foreign arbitral arbitral tribunal, or tile continuation of arbitration
award made in a country that is not a signatory to the
New York Convention as if it were a Convention Award
 The court can recognize or refuse the arbitral awards,
BUT it shall not disturb the arbitral tribunal’s
determination of fact or interpretation law

Special Civil Action for Certiorari

 Requisite: