RULES OF PROCEDURE FOR

ENVIRONMENTAL CASES
A.M. No. 09-6-8-SC
Scope and applicability of the Rule
• These Rules shall govern the procedure in civil,
criminal and special civil actions before the
Regional Trial Courts, Metropolitan Trial
Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit
Trial Courts involving enforcement or
violations of environmental and other related
laws, rules and regulations. [Sec. 2, REC]
Prohibition against temporary restraining
order and preliminary injunction
• Except the Supreme Court, no court can issue
a TRO or writ of preliminary injunction against
lawful actions of government agencies that
enforce environmental laws or prevent
violations thereof. [Sec. 10, Rule 2, REC]
 Remedy for an urgent relief against unlawful
actions committed by government agencies
• The remedy is to apply for a Temporary
Environmental Protection Order (TEPO).
• Lower courts may grant the same if it appears
from the verified complaint with a prayer for
the issuance of an Environmental Protection
Order (EPO) that the matter is of extreme
urgency and the applicant will suffer grave
injustice and irreparable injury. [Sec. 8, Rule 2,
REC]
Temporary Environmental Protection Order
(TEPO)
• A TEPO effective for only seventy-two (72)
hours from date of the receipt of the TEPO by
the party or person enjoined.
• Within said period, the court where the case is
assigned, shall conduct a summary hearing to
determine whether the TEPO may be
extended until the termination of the case.
[Sec. 8, Rule 2, REC]
 Referral to mediation
• At the start of the pre-trial conference, the
court shall inquire from the parties if they have
settled the dispute; otherwise, the court shall
immediately refer the parties or their counsel,
if authorized by their clients, to the Philippine
Mediation Center (PMC) unit for purposes of
mediation. If not available, the court shall refer
the case to the clerk of court or legal
researcher for mediation. [Sec. 3, Rule 3, REC]
 Preliminary conference
• If mediation fails, the court will schedule the
continuance of the pre-trial.
• Before the scheduled date of continuance, the
court may refer the case to the branch clerk of
court for a preliminary conference. [Sec. 4,
Rule 3, REC]
 Consent decree
• Consent decree refers to a judicially-approved
settlement between concerned parties based
on public interest and public policy to protect
and preserve the environment. [Sec. 4(b), Rule
1, REC]
 Pre-trial conference; consent decree
• The judge shall:
1) Put the parties and their counsels under oath, and they shall
remain under oath in all pre-trial conferences;
2) Exert best efforts to persuade the parties to arrive at a
settlement of the dispute; and
3) May issue a consent decree approving the agreement between
the parties in accordance with law, morals, public order and
public policy to protect the right of the people to a balanced and
healthful ecology.
• Evidence not presented during the pre-trial, except newly-
discovered evidence, shall be deemed waived. [Sec. 5, Rule
3, REC]
 Failure to settle
• If there is no full settlement, the judge shall:
a) Adopt the minutes of the preliminary conference as part of the
pre-trial proceedings and confirm the markings of exhibits or
substituted photocopies and admissions on the genuineness and
due execution of documents;
b) Determine if there are cases arising out of the same facts pending
before other courts and order its consolidation if warranted;
c) Determine if the pleadings are in order and if not, order the
amendments if necessary;
d) Determine if interlocutory issues are involved and resolve the
same;
e) Consider the adding or dropping of parties;
 Failure to settle (cont.)
f) Scrutinize every single allegation of the complaint, answer and
other pleadings and attachments thereto, and the contents of
documents and all other evidence identified and pre-marked
during pre-trial in determining further admissions;
g) Obtain admissions based on the affidavits of witnesses and
evidence attached to the pleadings or submitted during pre-trial;
h) Define and simplify the factual and legal issues arising from the
pleadings and evidence. Uncontroverted issues and frivolous
claims or defenses should be eliminated;
i) Discuss the propriety of rendering a summary judgment or a
judgment based on the pleadings, evidence and admissions made
during pre-trial;
 Failure to settle (cont.)
j) Observe the Most Important Witness Rule in limiting the number of
witnesses, determining the facts to be proved by each witness and fixing
the approximate number of hours per witness;
k) Encourage referral of the case to a trial by commissioner under Rule 32 of
the Rules of Court or to a mediator or arbitrator under any of the
alternative modes of dispute resolution governed by the Special Rules of
Court on Alternative Dispute Resolution;
l) Determine the necessity of engaging the services of a qualified expert as a
friend of the court (amicus curiae); and
m) Ask parties to agree on the specific trial dates for continuous trial, comply
with the one-day examination of witness rule, adhere to the case flow
chart determined by the court which shall contain the different stages of
the proceedings up to the promulgation of the decision and use the time
frame for each stage in setting the trial dates. [Sec. 6, Rule 3, REC]
 Effect of failure to appear at pre-trial

• The court shall not dismiss the complaint,

except upon repeated and unjustified failure
of the plaintiff to appear.
• The dismissal shall be without prejudice, and
the court may proceed with the counterclaim.
• If the defendant fails to appear at the pre-trial,
the court shall receive evidence ex parte.
[Sec. 7, Rule 3, REC]
 Pleadings and motions allowed
• The pleadings and motions that may be filed are:
a) Complaint;
b) Answer which may include compulsory counterclaim and cross-claim;
c) Motion for intervention;
d) Motion for discovery;
e) Motion for reconsideration of the judgment;
f) Motion for postponement;
g) Motion for new trial; and
h) Petition for relief from judgment.
• Note: Motion for postponement, motion for new trial and petition for relief
from judgment shall be allowed in highly meritorious cases or to prevent a
manifest miscarriage of justice. [Sec. 1, Rule 2, REC]
Prohibited pleadings and motions
• The following pleadings or motions shall not be
allowed:
a) Motion to dismiss the complaint;
b) Motion for a bill of particulars;
c) Motion for extension of time to file pleadings, except
to file answer, the extension not to exceed fifteen (15)
days;
d) Motion to declare the defendant in default;
e) Reply and rejoinder; and
f) Third party complaint. [Sec. 2, Rule 2, REC]
Temporary environmental protection order
 Citizen 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. [Sec. 5,
Rule 2, REC]
Judgment and execution; reliefs in a citizen's
suit
• If warranted, the court may grant to the plaintiff
proper reliefs which shall include the protection,
preservation or rehabilitation of the environment
and the payment of attorney’s fees, costs of suit and
other litigation expenses. It may also require the
violator to submit a program of rehabilitation or
restoration of the environment, the costs of which
shall be borne by the violator, or to contribute to a
special trust fund for that purpose subject to the
control of the court. [Sec. 1, Rule 5, REC]
 Judgment not stayed by appeal
• Any judgment directing the performance of
acts for the protection, preservation or
rehabilitation of the environment shall be
executory pending appeal unless restrained
by the appellate court. [Sec. 2, Rule 5, REC]
Environmental protection order (EPO)

• Environmental protection order (EPO) refers

to an order issued by the court directing or
enjoining any person or government agency to
perform or desist from performing an act in
order to protect, preserve or rehabilitate the
environment. [Sec. 4(d), Rule 1, REC]
Permanent environmental protection order;
writ of continuing mandamus
• In the judgment, the court may convert the
TEPO to a permanent EPO or issue a writ of
continuing mandamus directing the
performance of acts which shall be effective
until the judgment is fully satisfied. [Sec. 3,
Rule 5, REC]
Strategic lawsuit against public participation

• Strategic lawsuit against public participation (SLAPP)

refers to:
1) An action whether civil, criminal or administrative;
2) Brought against any person, institution or any government
agency or local government unit or its officials and
employees; and
3) 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 environmental rights. [Sec. 4(g), Rule 1, REC]
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. [Sec. 1, Rule 6, REC]
 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. [Sec. 2, Rule 6, REC]
SLAPP alleged as a defense in a criminal case

• Upon the filing of an information in court and

before arraignment, the accused may file a
motion to dismiss on the ground that the
criminal action is a SLAPP. [Sec. 1, Rule 19,
REC]
 Remedies
• Two remedies may be availed of under this Rule: a writ of kalikasan and
a writ for continuing mandamus.
• The writ of kalikasan 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. A
petition for the issuance of this writ may be filed with the Supreme Court
or with any stations of the Court of Appeals. [Secs. 1 and 3, Rule 7, REC]
 Remedies (cont.)
• A writ of continuing mandamus, on the other hand, may be issued
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 and there is no
other plain, speedy and adequate remedy in the ordinary course of
law."
• A petition for its issuance may be filed with the Regional Trial Court
exercising Jurisdiction over the territory where the actionable neglect
or omission occurred or with the Court of Appeals or this Court.
[Secs. 1 and 2, Rule 8, REC]
 Writ of kalikasan
• 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. [Sec. 1, Rule 7, REC]
 Writ of kalikasan (cont.)
• A writ of kalikasan is an extraordinary remedy
that "covers environmental damages the
magnitude of which transcends both political
and territorial boundaries.“
• The damage must be caused by an unlawful
act or omission of a public official, public
employee, or private individual or entity. It
must affect the inhabitants of at least two (2)
cities or provinces. [Abogado v. DENR (2019)]
Requisites for issuance of writ of kalikasan

• For a writ of kalikasan to issue, the following requisites

must concur:
1) There is an actual or threatened violation of the constitutional
right to a balanced and healthful ecology;
2) The actual or threatened violation arises from an unlawful act
or omission of a public official or employee, or private
individual or entity; and
3) The actual or threatened violation involves or will lead to an
environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or
provinces. [Segovia v. The Climate Change Commission
(2017)]
 Facts that petitioner must prove
• The Rules are clear that in a Writ of Kalikasan
petitioner has the burden to prove the:
1) Environmental law, rule or regulation violated or
threatened to be violated;
2) Act or omission complained of; and
3) The environmental damage of such magnitude as
to prejudice the life, health or property of
inhabitants in two or more cities or provinces. [LNL
Archipelago Minerals v. Agham Party List (2016)]
 Where to file
• The petition shall be filed with the Supreme
Court or with any of the stations of the Court
of Appeals. [Sec. 3, Rule 7, REC]
• No docket fees – The petitioner shall be
exempt from the payment of docket fees. [Sec.
4, Rule 7, REC]
 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. [Sec. 6, Rule 7,
REC]
 Reliefs that may be granted under 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. [Sec. 15, Rule 7, REC]
 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. [Sec.
16, Rule 7, REC]
 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. [Sec. 17, Rule 7, REC]
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. [Sec. 9, Rule
7, REC]
 Discovery measures
• A party may file a verified motion for the
following reliefs:
1) Ocular Inspection
2) Production or inspection of documents or things
 Ocular Inspection
• 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. [Sec. 12(a), Rule 7, REC]
 Production or inspection of documents or
things
• 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. [Sec. 12(b),
Rule 7, REC]
 Continuing mandamus
• Continuing mandamus is 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. [Sec. 4(c), Rule 1, REC]
 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 and there is no other plain, speedy and adequate remedy in the
ordinary course of law, the person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with certainty, attaching thereto
supporting evidence, specifying that the petition concerns an environmental
law, rule or regulation, and praying that judgment be rendered commanding
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. The petition shall also contain a sworn certification of non-
forum shopping. [Sec. 1, Rule 8, REC]
 Where to file the petition
• The petition shall be filed with the Regional
Trial Court exercising jurisdiction over the
territory where the actionable neglect or
omission occurred or with the Court of
Appeals or the Supreme Court. [Sec. 2, Rule 8,
REC]
• The petitioner shall be exempt from the
payment of docket fees. [Sec. 3, Rule 8, REC]
 Reliefs that the court may grant under the
privilege of the writ of continuing mandamus
• If warranted, the court shall:
1) Grant the privilege of the writ of continuing mandamus requiring
respondent to perform an act or series of acts until the judgment is
fully satisfied; and
2) Grant such other reliefs as may be warranted resulting from the
wrongful or illegal acts of the respondent.
3) Require the respondent to submit periodic reports detailing the
progress and execution of the judgment, and the court may, by itself
or through a commissioner or the appropriate government agency,
evaluate and monitor compliance.
• The petitioner may submit its comments or observations on
the execution of the judgment. [Sec. 7, Rule 8, REC]
 Prosecution of offenses
• Who may file: Any offended party, peace officer or
any public officer charged with the enforcement of
an environmental law may file a complaint before
the proper officer in accordance with the Rules of
Court. [Sec. 1, Rule 9, REC]
• Filing of the information: An information, charging
a person with a violation of an environmental law
and subscribed by the prosecutor, shall be filed
with the court. [Sec. 2, Rule 9, REC]
 Special prosecutor
• In criminal cases, where there is no private
offended party, a counsel whose services are
offered by any person or organization may be
allowed by the court as special prosecutor,
with the consent of and subject to the control
and supervision of the public prosecutor. [Sec.
3, Rule 9, REC]
 Institution of criminal and civil action

• When a criminal action is instituted, the civil

action for the recovery of civil liability arising
from the offense charged, shall be deemed
instituted with the criminal action unless the
complainant:
1) Waives the civil action;
2) Reserves the right to institute it separately; or
3) Institutes the civil action prior to the criminal
action. [Sec. 1, Rule 10, REC]
Institution of criminal and civil action (cont.)

• Unless the civil action has been instituted prior to the

criminal action, the reservation of the right to institute
separately the civil action shall be made during arraignment.
• In case civil liability is imposed or damages are awarded, the filing
and other legal fees shall be imposed on said award in accordance
with Rule 141 of the Rules of Court, and the fees shall constitute a
first lien on the judgment award. The damages awarded in cases
where there is no private offended party, less the filing fees, shall
accrue to the funds of the agency charged with the implementation
of the environmental law violated. The award shall be used for the
restoration and rehabilitation of the environment adversely affected.
[Sec. 1, Rule 10, REC]
 Arrest without warrant, when valid
• A peace officer or an individual deputized by the proper government
agency may, without a warrant, arrest a person:
a) When, in his presence, the person to be arrested has committed,
is actually committing or is attempting to commit an offense; or
b) When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it.
• Individuals deputized by the proper government agency who are
enforcing environmental laws shall enjoy the presumption of
regularity under Section 3(m), Rule 131 of the Rules of Court when
effecting arrests for violations of environmental laws. [Sec. 1, Rule
11, REC]
Procedure in the custody and disposition of
seized items
• In the absence of applicable laws or rules promulgated by the
concerned government agency, the following procedure shall be
observed:
a) The apprehending officer having initial custody and control of the seized
items, equipment, paraphernalia, conveyances and instruments shall
physically inventory and whenever practicable, photograph the same in
the presence of the person from whom such items were seized.
b) Thereafter, the apprehending officer shall submit to the issuing court
the return of the search warrant within five (5) days from date of
seizure or in case of warrantless arrest, submit within five (5) days from
date of seizure, the inventory report, compliance report, photographs,
representative samples and other pertinent documents to the public
prosecutor for appropriate action.
Procedure in the custody and disposition of
seized items (cont.)
c) Upon motion by any interested party, the court may direct the auction
sale of seized items, equipment, paraphernalia, tools or instruments of
the crime. The court shall, after hearing, fix the minimum bid price
based on the recommendation of the concerned government agency.
The sheriff shall conduct the auction.
d) The auction sale shall be with notice to the accused, the person from
whom the items were seized, or the owner thereof and the concerned
government agency.
e) The notice of auction shall be posted in three conspicuous places in the
city or municipality where the items, equipment, paraphernalia, tools or
instruments of the crime were seized.
f) The proceeds shall be held in trust and deposited with the government
depository bank for disposition according to the judgment. [Sec. 2, Rule
12, REC]
 Bail, where filed
• Bail in the amount fixed may be filed with the court where the
case is pending, or in the absence or unavailability of the judge
thereof, with any regional trial judge, metropolitan trial judge,
municipal trial judge or municipal circuit trial judge in the
province, city or municipality.
• If the accused is arrested in a province, city or municipality other
than where the case is pending, bail may also be filed with any
Regional Trial Court of said place, or if no judge thereof is
available, with any metropolitan trial judge, municipal trial judge
or municipal circuit trial judge therein.
• If the court grants bail, the court may issue a hold-departure
order in appropriate cases. [Sec. 1, Rule 14, REC]
 Duties of the court
• Before granting the application for bail, 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:
a) To appear before the court that issued the warrant of arrest for
arraignment purposes on the date scheduled, and if the accused fails to
appear without justification on the date of arraignment, accused waives
the reading of the information and authorizes the court to enter a plea
of not guilty on behalf of the accused and to set the case for trial;
b) To appear whenever required by the court where the case is pending;
and
c) To waive the right of the accused to be present at the trial, and upon
failure of the accused to appear without justification and despite due
notice, the trial may proceed in absentia. [Sec. 2, Rule 14, REC]
 Arraignment
• The court shall set the arraignment of the
accused within fifteen (15) days from the time
it acquires jurisdiction over the accused, with
notice to the public prosecutor and offended
party or concerned government agency that it
will entertain plea-bargaining on the date of
the arraignment. [Sec. 1, Rule 15,REC]
 Plea-bargaining
• On the scheduled date of arraignment, the court shall
consider plea-bargaining arrangements. Where the
prosecution and offended party or concerned
government agency agree to the plea offered by the
accused, the court shall:
a) Issue an order which contains the plea-bargaining arrived
at;
b) Proceed to receive evidence on the civil aspect of the case,
if any; and
c) Render and promulgate judgment of conviction, including
the civil liability for damages. [Sec. 2, Rule 15, REC]
 Pre-trial
• After the arraignment, the court shall set the
pre-trial conference within thirty (30) days.
• It may refer the case to the branch clerk of
court, if warranted, for a preliminary
conference to be set at least three (3) days
prior to the pre-trial. [Sec. 1, Rule 16, REC]
 Preliminary conference
• The preliminary conference shall be for the following
purposes:
a) To assist the parties in reaching a settlement of the civil aspect
of the case;
b) To mark the documents to be presented as exhibits;
c) To attach copies thereof to the records after comparison with
the originals;
d) To ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of
documents marked as exhibits;
e) To consider such other matters as may aid in the prompt
disposition of the case;
 Preliminary conference (cont.)
f) To record the proceedings during the preliminary
conference in the Minutes of Preliminary Conference
to be signed by the parties and counsel;
g) To mark the affidavits of witnesses which shall be in
question and answer form and shall constitute the
direct examination of the witnesses; and
h) To attach the Minutes and marked exhibits to the case
record before the pre-trial proper. The parties or their
counsel must submit to the branch clerk of court the
names, addresses and contact numbers of the affiants.
[Sec. 2, Rule 16, REC]
 Pre-trial duty of the judge
• During the pre-trial, the court shall:
a) Place the parties and their counsels under oath;
b) Adopt the minutes of the preliminary conference as part of the pre-
trial proceedings, confirm markings of exhibits or substituted
photocopies and admissions on the genuineness and due execution
of documents, and list object and testimonial evidence;
c) Scrutinize the information and the statements in the affidavits and
other documents which form part of the record of the preliminary
investigation together with other documents identified and marked
as exhibits to determine further admissions of facts as to:
• i. The court’s territorial jurisdiction relative to the offense(s) charged;
• ii. Qualification of expert witnesses; and
• iii. Amount of damages;
Pre-trial duty of the judge (cont.)
d) Define factual and legal issues;
e) Ask parties to agree on the specific trial dates and
adhere to the flow chart determined by the court which
shall contain the time frames for the different stages of
the proceeding up to promulgation of decision;
f) Require the parties to submit to the branch clerk of
court the names, addresses and contact numbers of
witnesses that need to be summoned by subpoena; and
g) Consider modification of order of trial if the accused
admits the charge but interposes a lawful defense. [Sec.
3, Rule 16, REC]
 Subsidiary liabilities
• 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
corporation subsidiary liable under Article 102
and Article 103 of the Revised Penal Code.
[Sec. 1, Rule 18, REC]
 Precautionary principle
• Precautionary principle states that when
human activities may lead to threats of serious
and irreversible damage to the environment
that is scientifically plausible but uncertain,
actions shall be taken to avoid or diminish that
threat. [Sec. 4, Rule 1, REC]
 Precautionary principle; applicability

• When there is a lack of full scientific certainty

in establishing a causal link between human
activity and environmental effect, the court
shall apply the precautionary principle in
resolving the case before it.
• The constitutional right of the people to a
balanced and healthful ecology shall be given
the benefit of the doubt. [Sec. 1, Rule 20, REC]
 Standards for application
• In applying the precautionary principle, the
following factors, among others, may be
considered:
1) Threats to human life or health;
2) Inequity to present or future generations; or
3) Prejudice to the environment without legal
consideration of the environmental rights of
those affected. [Sec. 2, Rule 20, REC]
 Documentary evidence
• Photographic, video and similar evidence
Photographs, videos and similar evidence of events,
acts, transactions of wildlife, wildlife by-products or
derivatives, 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 said evidence was
taken, or by any other person competent to testify
on the accuracy thereof. [Sec. 1, Rule 21, REC]
 Documentary evidence (cont.)
• Entries in official records
Entries in official records made in the performance
of his duty by a public officer of the Philippines, or
by a person in performance of a duty specially
enjoined by law, are prima facie evidence of the
facts therein stated. [Sec. 1, Rule 21, REC]
Writ of kalikasan v. Writ of continuing
mandamus
• As to the subject matter:
– The WRIT OF KALIKASAN is available against 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.
– The WRIT OF CONTINUING MANDAMUS is directed against:
a) The unlawful neglect in the performance of an act specifically
enjoined by law in connection with the enforcement/ violation of an
environmental rule, or
b) The unlawfully exclusion of another from the use or enjoyment of
such right and in both instances, there is no other plain, speedy and
adequate remedy in the ordinary course of law.
 Writ of kalikasan v. Writ of continuing
mandamus (cont.)
• As to who may file:
– The following can file a petition for WRIT OF
KALIKASAN: [1] natural and juridical persons; [2] entities
authorized by law; and public organizations, non-
government organizations and public interest groups on
behalf of persons whose right to a balanced and
healthful ecology is violated or threatened to be
violated.
– Only persons personally aggrieved by the unlawful act or
omission may ask from a WRIT OF CONTINUING
MANDAMUS.
 Writ of kalikasan v. Writ of continuing
mandamus (cont.)
• As to who the respondent is:
– The respondent in a petition for WRIT OF
KALIKASAN may be public or private individual or
entity.
– In a petition for WRIT OF CONTINUING
MANDAMUS, the respondent may be the
Government or its officers.
 Writ of kalikasan v. Writ of continuing
mandamus (cont.)
• As to venue:
– A petition for WRIT OF KALIKASAN may be filed
with the Supreme Court or the Court of Appeals.
–A petition for WRIT OF CONTINUING
MANDAMUS may be filed with the Regional Trial
Court exercising territorial jurisdiction, or the
Court of Appeals, or the Supreme Court.
• As to payment of docket fees: Both are
exempt from payment of docket fees.
 Writ of kalikasan v. Writ of continuing
mandamus (cont.)
• As to use of discovery measures:
– The rule on WRIT OF KALIKASAN mentions ocular
inspection and production or inspection order.
– The rule on CONTINUING MANDAMUS mentions
no discovery measures.
• As to award of damages: Award of damages is
allowed under the rule on CONTINUING
MANDAMUS.