Environmental Law USJ-R School of Law

Midterms (Atty. Cabrido) SY 2019-2020

I. Writ of Kalikasan vs 1. FIle an answer interposing as a defense

Continuing Mandamus that the case is a SLAPP

2. Append documents, affidavits, papers

and other evidence

Writ of Continuing 3. By way of counterclaim, defendant

Kalikasan Mandamus should pray for damages, attorney’s fees,
Venue CA and SC RTC, CA, or and cost of suit

SC 4. Period to file plaintiff’s opposition would

be five days from receipt of notice that an
Respondents Public Only the answer has been filed

officials, government or 5. Defense of a SLAPP shall be set for

employees, its officers hearing by court after issuance of the
private order to file an opposition within fifteen
individuals or days from filing of comment.

entites 6. The affirmative defense of a SLAPP shall

be resolved thirty days after the summary
Petitioners Broad Only those hearing.

aggrieved

Subject Unlawful act 1) Unlawful Criminal Cases Rule 19, Part IV

Matter or omission neglect in
involving the 1. File a motion to dismiss on the ground
environmental performan that the criminal action is a SLAPP

damage ce of duty
2. In summary hearing, parties must submit
affecting two 2) Unlawful all available evidence in support of their
or more cities exclusion positions.

or provinces from use 3. Party seeking to dismiss the case must

or prove by substantial evidence that his
enjoyment acts is a legitimate protection,
of right preservation, and rehabilitation of the
environment.

Docket Fees Exempt Exempt 4. Party filing the action assailed as a

SLAPP shall prove by preponderance of
Discovery Ocular None evidence that the action is not a SLAPP

inspection, 5. If the court denies the motion, it shall

production of immediately proceed with the
documents/ arraignment of the accused.

things

Damages Award not Personal III. Procedure in the grant of

available to damages may
individual be awarded bail in criminal envi cases
petitioner.
Must file Rule 14

separate Before granting the application for bail, the

action for judge must read the information in a
damages language known to and understood by the
accused and require the accused to sign a
written undertaking, as follows:

II. How to raise defense in

1) To appear before the court that issued
Criminal and Civil SLAPPs the warrant of arrest for arraignment
purposes on the date scheduled, and if
Civil Cases Rule 6, Part II the accused fails to appear without

Based on the pointers by BC 1 of 4

Environmental Law USJ-R School of Law
Midterms (Atty. Cabrido) SY 2019-2020
justification, accused waives the reading
of the information and authorizes the
court to enter a plea of not guilty on
V. Acquisition of jurisdiction
behalf of the accused and to set the case
for trial

2) To appear whenever required by the

court where case is pending

3) 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.

IV. Ordinary Environmental

Civil Action vs Citizen Suit
Citizen Suit Sec 5 Rule 2, Part II
1. It may be filed by any Filipino citizen in
representation of others to enforce rights
and obligations under environmental
laws.
custody of the items shall physically
2. Upon filing of the suit, the court shall
issue an order which shall contain a brief
VI. Custody procedure in
seized items after valid
search
1. Apprehending officer having initial
inventory and photograph the seized
items in the presence of the owner

description of the cause of action and 2. Shall return to the issuing court the return
reliefs prayed for
of search warrant within five days from
3. Require all interested parties to manifest date of seizure, in case of warrantless
their interest to intervene within 15 days arrest five days from date of seizure with
from notice.
pertinent documents

4. Plaintiff may publish the order once in a 3. Court may direct auction sale of seized
newspaper of general circulation or items. The court shall fix the minimum
furnish all affected barangays copies of bidding price

the order.
4. Auction sale shall be with notice of the
5. Citizen suits filed under RA 8749 and RA accused or the owner of the items seized

9003 shall be governed by their 5. Notice of auction shall be posted in three

respective provisions.
conspicuous places where the items
were seized

*publication for this remedy is permissive 6. Proceeds shall be held in trust and
and non-jurisdictional
deposited with government depository
bank for disposition according to
Ordinary Envi Civil Action Sec 4, Rule 2, judgement.

Part II
VII. Provisional remedies
Any real party in interest, including
government and juridical entities authorized 1. Attachment

by law, may file a civil action involving the • Accused is about to abscond

enforcement or violation of any • Accused is a public officer and the case

environmental law
is based on a claim of misuse,
embezzlement of public funds

*may be filed a Filipino citizen or an alien as • Accused has disposed of, concealed or
long as it is shown that there is direct or removed his property or is about to do so

personal injury on their part

• Accused resides outside PH

Based on the pointers by BC 2 of 4

Environmental Law USJ-R School of Law
Midterms (Atty. Cabrido) SY 2019-2020

2. Environmental Protection Order (EPO)

X. Osmeña v Garganera
• Temporary Envi Protection Order (TEPO)

- in criminal cases, issued after A writ of kalikasan was filed by Garganera

summary hearing, valid during representing the people of Cebu and Talisay
pendency of case
praying for a TEPO. It argued that the city
government’s act of reopening the Inayawan
• Permanent EPO- issued after judgement
converting TEPO into permanent
dumpsite has put the lives of the people
residing in Cebu and Talisay in danger and
that such reopening has violated their
VIII. Application of constitutional right to a balanced and
healthful ecology.

Precautionary Principle as
rule in evidence The contention of the city government that
the failure of respondent to observe 30-day
Applicability condition precedent of notice to the public
When there is lack of full scientific certainty office must negate the action. However the
in establishing casual link between human Court said such contention must fail.
activity and environmental effect or harm
Pursuant to the Rules, the 30-day notice is
inapplicable.

Standards in application
1. Threats to human life or health
The requisites to avail this extraordinary
2. Inequity to present and future remedy were all present:

generations
1. There is an actual or threatened violation
3. Prejudice to the environment without of the constitutional right to a balanced
legal consideration of the environmental and healthful ecology

rights of those affected

2. The actual or threatened violation arises
from an unlawful act or omission of a
public official or employee, private
Rio Conference, Principle 15
person or entity

“In order to protect the environment,

3. The actual or threatened violation
precautionary approach shall be widely
involves an environmental damage of
applied by Stated according to their
such magnitude as to prejudice the life,
capabilities. Where there are threats of
health, or property of inhabitants in two
serious or irreversible damage, lack of full
or more cities or provinces

scientific certainty shall not be used as a

reason for postponing cost effective
measures to prevent environmental XI. Prescriptive Periods
degradation”

IX. 2004 Criminal Procedure

vs Envi Criminal Procedure

Based on the pointers by BC 3 of 4

Environmental Law USJ-R School of Law
Midterms (Atty. Cabrido) SY 2019-2020

XII. Approaches in
Conservation

Based on the pointers by BC 4 of 4