Environment Procedure

Atty. Joel B.
Zubeldia
Administrative Matter No. 09-6-8-C

Date of effectivity: April 29, 2010 Coverage: civil, criminal and special civil actions before RTC, MeTC, MTCC, MTC and MCTC involving enforcement or violations of environmental and other related laws
Objectives

Protect and advance the constitutional right of the people to a balanced and healthful ecology Provide a simplified, speedy and inexpensive procedure for the enforcement of environmental laws rights and duties under the laws Introduce and adopt innovations and best practices ensuring the effective enforcement of remedies and redress for violations of environmental laws Enable the courts to monitor and exact compliance with orders and judgment in environmental cases
Some features of its Civil Procedure

Citizen
suit [Rule 2, Sec 5] Any Filipino citizen in representation of others, including minors or generations yet unborn, may file an action to enforce rights and obligations under environmental laws.
Issuance of Temp Environmental Protection Order (TEPO)

Upon verified complaint with prayer for issuance of EPO There is extreme urgency and the applicant will suffer grave injustice and irreparable injury Maybe issued ex parte by exec judge or presiding judge Valid for 72 hrs from date of receipt of the TEPO by person/s enjoined
Prohibition against TRO and Preliminary Injunction

Rule 2, Sec 10 Only the Supreme Court can issue a TRO or writ of prelim injunction against lawful actions of govt agencies that enforce environmental laws or prevent violations thereof
Referral to Mediation
Rule 3, Sec 3 At the start of the pre-trial conf Referral to Phil Mediation Center unit; or to the clerk of court or legal researcher for mediation Mediation to be conducted w/in a nonextendible period of 30 days
Rule 4 (Trial)
Continuous trial w/c shall not exceed 2 months from the date of issuance of the pretrial order Affidavits in lieu of direct examination One-day examination of witness rule; only oral offer of evidence shall follow the presentation of the last witness
Strategic Lawsuit Against Public Participation (SLAPP); Rule 6
A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the govt has taken or may take in the enforcement of enviro laws, protection of the environment or assertion of govt rights shall be treated as a SLAPP and shall be governed by this Rules.
SLAPP as a defense
In admin, criminal and civil case Must be raised as a defense in the answer [motion to dismiss in crim case] supported by affidavits and other evidence to prove that it is a SLAPP The one invoking SLAPP must prove by substantial evidence that his acts for the enforcement of enviro laws is a legitimate action; whereas the party filing the case assailed as SLAPP must prove by preponderance of evidence that the action is not a SLAPP
Writ of Continuing Mandamus

Rule 8 A verified petition filed against an agency of the govt neglecting the performance of an act enjoin by his office in connection with the protection of the environment, when there is no other plain, speedy and adequate remedy available, praying that the respondent be ordered to do an act or series of acts until the judgment is fully satisfied.
Part IV (Criminal Procedure)

Prosecution of Offenses - May be filed by the offended party, peace officer or any public officer charged with the enforcement of an environmental law - Special prosecutor: when there is no private offended party, a counsel whose services are offered by any person or organization may be allowed by the court as a special prosecutor, with the consent and subject to the control and supervision of the public prosecutor.
Arrest (Rule 11)

Warrantless arrest may be made by a peace officer or an individual deputized by the proper govt agency, under circumstances laid in para (a) and (b) of Rule 113 RRC All WOA shall be accompanied by a certified true copy of the Information
Rule 12 (Custody, Disposition of Seized items, equipments)
Initial custody with apprehending personnel Submit return to the issuing court w/in 5 days in case of a warrant or in case of warrantless search, the inventory report, photographs , other pertinent documents to the prosecutor w/in the same period Upon motion of any interested party, the court may direct the auction sale of the seized items, equipment, tools of the crime The auction sale shall be with notice to the accused The proceeds shall be held in trust and deposited with the depositary bank
Bail (Rule 14)
Duties of the court: - before granting the application, the judge must read the information in a language known to and understood by the accused and require the accused to sign a written undertaking as follows: 1) to appear before the court for arraignment and failure on his part w/out valid justification, accused waives the reading of the information and authorizes the court to enter a plea of not guilty on his behalf 2) to appear whenever required by the court where the case is pending 3) to waive his right to be present during trial and upon failure of the accused to appear w/out justification and despite due notice, the trial may proceed absentia
TRIAL (Rule 17)

Continuous trial which shall not exceed 3 months from issuance of pre-trial order Affidavit in lieu of direct examination subject to cross and the right to object to inadmissible portions of the affidavit If the accused cannot afford the services of a counsel or there is no available public attorney, the court shall require the IBP to provide pro bono lawyer for the accused
Rule 20 (Precautionary Principle)

When there is lack of full scientific certainty in establishing a causal link b/w the human activity and the environmental effect, the court shall apply this principle The constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt
Rule 21 (Documentary Evidence)
Photos, video and others which are evidence of events, transactions of wildlife, forest products or mineral resources subject of a case shall be admissible when authenticated by the person who took the same, by some other person present when the evidence was taken or by any other person competent to testify on the accuracy thereof. Entries in official records those made in the performance of duty are prima facie evidence of the facts stated therein
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Environment Procedure

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Environment Procedure

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Atty. Joel B.

Administrative Matter No. 09-6-8-C

Some features of its Civil Procedure

Issuance of Temp Environmental Protection Order (TEPO)

Prohibition against TRO and Preliminary Injunction

Strategic Lawsuit Against Public Participation (SLAPP); Rule 6

Writ of Continuing Mandamus

Part IV (Criminal Procedure)

Arrest (Rule 11)

Rule 12 (Custody, Disposition of Seized items, equipments)

Bail (Rule 14)

TRIAL (Rule 17)

Rule 20 (Precautionary Principle)

Rule 21 (Documentary Evidence)

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