Writ of Kalikasan and Writ of Continuing

Mandamus
What is a Writ of Kalikasan?

It is a remedy available to a natural or juridical person, entity authorized by law, people’s

organizations, 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 without involving
environmental damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.

What is the basis of the Writ of Kalikasan?

It rests in Article II, Section 16 on the Declaration of Principles and State Policies of the 1987
Constitution, which states that, “The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature”.

What is the important feature of this writ?

The magnitude requirement with regards to the destruction or imminent destruction which is
sought to be prevented must be present.

What is a Writ of Continuing Mandamus?

It is 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. It is filed by one who is personally
aggrieved. (Contributor, Ihra Faith C Magno)

Summary of difference and similarities of Writ of Kalikasan and Writ of Continuing

Mandamus

Writ of Continuing
Writ of Kalikasan
Mandamus
Unlawful act or omission; life health Neglect or exclusion; law,
Subject Matter
or property rule or right
Any person or representative /agent One who is personally
Petitioner
(PO/NGO/Public Interest Group) aggrieved
Respondent Public or private entity or individual Government or officers
Temporary Environmental
Ancillary remedy Ancillary remedy
Protection Order (TEPO)
 Supreme Court, CA or
Venue Supreme Court or Court of Appeals
RTC
Ocular inspection or production of
Discovery Measures No enumeration
documents
Allow damages for
Damages None; separate suit
malicious neglect of duty

Source: http://salongacenter.org/2012/04/writ-of-kalikasan-and-writ-of-continuing-mandamus/