TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO) /

ENVIRONMENTAL PROTECTION ORDER (EPO)

• It 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 (Rule 2, Section 8)
Note: The TEPO integrates both prohibitive and mandatory reliefs in order to appropriately
address the factual circumstances surrounding the case as derived from the nature of EPO as
defined above. The procedure for the issuance of the TEPO stems from the same procedure for
the issuance of a Temporary Restraining Order, as it appears in Sections 5 and 6 of Rule 58 of
the Rules of Court. (SC Annotations, p. 113)
• Requisites:
• The complaint with a prayer for the issuance of temporary
environmental protection order;
• The matter is of extreme urgency and the applicant will suffer
grave injustice and irreparable injury; and
• Issued ex-parte (Rule2, Section 8)
Note: The Rules provide that an applicant who files for the issuance of a TEPO is exempt
from the posting of a bond, but the Rules also provide for the safeguards for the possible
pernicious effects upon the party or person sought to be enjoined by the TEPO:
• A TEPO may only be issued in matters of extreme urgency and when the
applicant will suffer grave injustice and irreparable injury; and
• The court should periodically monitor the existence of acts which are the
subject matter of the TEPO, the TEPO can be lifted anytime as the circumstances may
warrant (SC Annotations, p. 115)
• General Rule: Notice and hearing must be complied with.
Exception: The TEPO may be issued ex parte.
• Who may issue: The executive judge of the multiple-sala court before the
raffle or the presiding judge of a single-sala court (Rule 2, Sec. 8)
• Effectivity: Seventy-two hours from the date of the receipt of the TEPO
by the party of 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.
The applicant shall be exempted from the posting of a bond for the issuance of a TEPO. (Rule 2,
Sec.8)
 • Dissolution of TEPO:
• Requisites:
• Affidavits of the party or person enjoined which the
applicant may oppose, also by affidavits;
• A sufficient bond by the party or person enjoined;
• The applicant may be fully compensated for such damages
as he may suffer; and
• It appears after hearing that its issuance or continuance
would cause irreparable damage to the party or person enjoined (Rule 2,
Sec. 9)

STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP)

• Refers to an action whether civil, criminal or administrative, brought
against any person, institution or any government agency or local government unit or its
officials and employees, 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 (Rule 6, Sec. 1)
IN CRIMINAL CASES: Upon the filing of information in court and before
arraignment, the accused may file a motion to dismiss on the ground that the
criminal action is a SLAPP.
• SLAPP as a defense; How alleged: If a case is a SLAPP, the defendant
in that case may interpose the affirmative defense that the case is a SLAPP. (Rule 6, Sec.
2)
IN CRIMINAL CASES: The manner by which to allege that a criminal action is
a SLAPP is through a motion to dismiss rather than a motion to quash. A motion
to dismiss allows tha ction to be challenged as a SLAPP, while a motion to quash
is directed to the Information. (SC Annotations, p. 157)
• Nature of SLAPP suit: Once the defense of SLAPP is alleged in an
answer for a civil case outside the coverage of these Rules, this Rule will only apply
insofar as the determination of whether such SLAPP is concerned. A SLAPP suit is in
every sense a harassment suit and the affront against constitutional rights is the very
reson why no pending legal action is required to counter a SLAPP suit.
Since a motion to dismiss is a prohibited pleading, SLAPP as an affirmative defense should be
raised in an answer along with other defences that may be raised in the case alleged to be a
SLAPP. (SC Annotations, p. 131)
 • Nature of the Proceeding: The hearing for the defense of SLAPP is
summary in nature to expedite the proceedings. The party seeking the dismissal of the
case alleged to be a SLAPP may easily assert this defense and prove it only with
substantial evidence. If the court finds that the defense is valid, the plaintiff is required to
prove the following:
• The case is not a SLAPP; and
• The merits of the case.
IN CRIMINAL CASES: The hearing on the defense of a SLAPP shall be
summary in nature.
• Quantum of Evidence:
• The party seeking the dismissal of the case must prove by
substantial evidence that his acts for the enforcement of environmental law is a
legitimate action for the protection, preservation and rehabilitation of the
environment.
• The party filing the action assailed as SLAPP shall prove by
preponderance of evidence that the action is not a SLAPP and is a valid action.
(Rule 6, Sec. 3)
Note: The affirmative defense of SLAPP shall be resolved within 30 days. If the
action is dismissed, the court may award damages, attorney’s fees and costs of the
suit under a counterclaim if such has been filed. The dismissal shall be with prejudice.
(Rule 6, Sec. 4)
If the court rejects the defense of SLAPP, the evidence adduced during the summary
hearing shall be treated as evidence of parties on the merits of the case. The action
shall proceed in accordance with the Rules of Court. (Rule 6, Sec. 4)
• Priority in court hearings: The court is required to prioritize the hearing
and resolution of a SLAPP defense, the prioritization in a hearing a SLAPP defense is
another mode of expediting the proceedings (SC Annotations, p. 132)
The dismissal of a SLAPP suit constitutes res judicata and is a bar to the refiling of a similar
case. On the other hand, the denial of a SLAPP defense allows the action to proceed in
accordance with the Rules of Court. Since the evidence adduced in the hearing of a SLAPP
defense remains on record, the plaintiff is not required to offer the evidence already adduced
again.