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Kalikasan Vs Continuing Mandamus Difference
Kalikasan Vs Continuing Mandamus Difference
1987 Constitution
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Article 2 Sec. 16, The state shall advance the right of the people to a balanced and healthful ecology in accordance with the
rhythm and harmony of nature
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Article 2 Sec. 15, The state shall protect and promote the right to health of the people and instill health consciousness
among them.
Environmental Justice
whether to relax the rule on "locus standi to encourage more citizens to file suits involving violations of the country's environmental
laws;
For protection and promotion of constitutional right to a balanced and healthful ecology;
For simplified, speedy and inexpensive procedure in the enforcement of environmental rights and duties;
To introduce and adopt innovations in ensuring the effective enforcement of remedies and redress for violation of environmental laws;
and
To enable the courts to monitor and exact compliance with orders and judgments in environmental cases.
What are some features of the Writ of Kalikasan?
Rule 7 of A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases (Effective April 29, 2010)
A remedial measure that may be granted by the courts upon the request of a person or a group whose constitutional right to a healthy
environment is violated
What is the nature of a writ of kalikasan?
It is an extraordinary remedy with the underlying emphasis on the magnitude as it deals with damage that transcends political and territorial
boundaries.
How is magnitude measure?
Magnitude is measured according to the qualification set forth in the Rule when there is environmental damage that prejudices the life,
liberty or property of inhabitants in two or more cities or provinces.
Give several instances wherein the SC issued Writ of Kalikasan.
Protected Area Mgt. Board to refrain from issuing clearances for fish cage operations in Taal Lake;
government to answer a petition seeking to stop mining operations in the Zamboanga Peninsula;
Placer Dome and Barric Gold to clean up the toxic waste that spilled into the Boac River in Marinduque in 1996;
Baguio City government to cease and desist from using the Irisan dump facility either as a holding or staging area or as controlled area
for all kinds of solid wastes;
Rehabilitating the Manila Bay by cleaning-up the river veins connected to the bay; and
Stopping FPIC from operating the 117-kilometer Batangas-to-Manila oil pipeline after it leaked sometime in 2010.
Who can file a petition for Writ of Kalikasan? (PVU EP)
Natural or juridical person, entity authorized by law, peoples 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;
involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or
provinces.
Why is there a need for accreditation of a group or organization?
The requirement of accreditation of a group or organization is for the purpose of verifying its existence. The accreditation is a mechanism
to prevent fly by night groups from abusing the writ.
What are the contents of a petition for Writ of Kalikasan?
Name and personal circumstances of the respondent, or if name is unknown or uncertain, an appellation for him;
The environmental damage of such magnitude as to prejudice the health, life or property of inhabitants in two or more cities or
provinces;
If he should learn that the same claim has been filed or is pending, he should report such fact within 5 days from knowledge thereof to
the court;
The reliefs prayed for.
Where is it filed?
With the Supreme Court or with any station of the Court of Appeals
Why is the petition filed in the Supreme Court or the Court of Appeals?
The magnitude of the environmental damage is the reason for limiting where the writ may be filed, to the Supreme Court or Court of
Appeals whose jurisdiction is national in scope.
How much is the docket fee?
The petitioner is EXEMPT from paying docket fees
What is the rationale of the exemption from the payment of docket fees?
The exemption from payment of docket fees is consistent with the character of the reliefs available under the writ, which excludes
damages for personal injuries. This exemption also encourages public participation in availing of the remedy.
How is the writ issued?
Within 3 days from the filing of the petition, if the petition is sufficient in form and substance, the court shall order:
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.
Affidavits of witnesses
documentary evidence
Motion to dismiss;
Counterclaim or cross-claim;
Third-party complaint;
Reply; and
Simplification of issues
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 be supported by affidavits of witnesses having personal knowledge of the violation or threatened violation of environmental law.
What are the contents of the ocular inspection order?
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.
What should be alleged in the motion for 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.
What are the contents of the production or inspection order of documents or things?
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.
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.
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.
What are the reliefs that may be granted under the writ of kalikasan?
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;
Directing the respondent public official, government agency, private person or entity to protect, preserve, rehabilitate or restore the
environment;
Directing the respondent public official, government agency, private person or entity to monitor strict compliance with the decision and
orders of the court;
Directing the respondent public official, government agency, or private person or entity to make periodic reports on the execution of
the final judgment; and
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.
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.
When any agency or instrumentality unlawfully excludes another from the use or enjoyment of such right.
Where should the petition be filed?
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.
What are some characteristics of the procedure for the issuance of the writ of continuing mandamus?
Orders expediting the proceedings or a Temporary Environmental Protection Order for protection of the rights of the parties may be
granted by the court.
The petition shall be resolved without delay within sixty (60) days from the date of the submission of the petition for resolution.
Respondent
Docket Fees
Exempted
Exempted
Given the magnitude of the damage, the application for the issuance of a
Writ of Kalikasan can only be filed in Supreme Court or any of the stations of
the Court of Appeals.
A petition for the issuance of a Writ of Continuing Mandamus may be filed in the
following: (a) the Regional Trial Court exercising jurisdiction over the territory
where the actionable neglect or omission occurred; (b) the Court
of Appeals; or (c) the Supreme Court.
The Rule on the Writ of Continuing
Mandamus does not contain any provision for discovery measures
Subject Matter
Venue
Discovery Measure
The respondent in a petition for continuing mandamus is only the government or its
officers
injury
The Writ of Continuing Mandamus allows damages for the malicious neglect of the
performance of the legal duty of the respondent, identical to Rule 65, Rules of
Court.