III.

Enforcement

A. Agencies Tasked with the Enforcement of Environmental Laws

1. Philippine National Police

2. Philippine Coast Guard 

3. National Bureau of Investigation 

4. Armed Forces of the Philippines
5. Department of Environment and Natural Resources
a. Environmental Management Bureau
b. Forest Management Bureau
c. Mines and Geosciences Bureau
d. Protected Areas and Wildlife Bureau
6. Department of Agriculture: Bureau of Fisheries and Aquatic
Resources
7. Local Government Units
8. Department of Transportation and Communications 

9. Department of Health 


B. Procedure for Law Enforcement

1. Searches and Seizures
a. Search as an Incident to Lawful Arrest 

b. Search of a Moving Vehicle 

c. Seizure of Evidence in Plain View 

d. Waiver of Right 

e. Stop and Frisk 

f. Exigent and Emergency Circumstances


2. Custody and Disposition of Seized Items, Equipment,

Paraphernalia, Conveyances and Instruments 


3. Arrests

C. Environmental Ombudsman
1. Role of the Prosecutor
a. Entertain Complaints/Commence Investigation
 b. Conduct Preliminary Investigation or Inquest
Investigation

c. Investigate Strategic Lawsuit Against Public
Participation
d. File Information before the Proper Court 


D. Institution of a Criminal Action

1. Parties Who May File a Complaint 

 Contents of a Complaint

 Prescriptive Period for the Offenses


2. a. Preliminary Investigation
 Definition of a Preliminary Investigation 

 Purpose of a Preliminary Investigation 

 Persons Authorized to Conduct a Preliminary
Investigation


b. Inquest Investigation
 Definition of Inquest Investigation

 Procedure for Conducting an Inquest Investigation 

c. Determination of Probable Cause
 Definition of Probable Cause 

 Persons Authorized to Determine the Existence of
Probable Cause 

d. Establishing Criminal Liability 


3. Evaluation of Evidence

 Kinds of Evidence
A. Object or Real Evidence 

B. Documentary Evidence 

C. Testimonial or Oral Evidence
 Weight of Evidence
A. Direct Evidence

B. Circumstantial or Indirect Evidence
 C. Admissibility of Evidence 


IV. PROCEEDINGS IN COURT ON ENVIRONMENTAL LAW CASES

Intro:
Objectives
1. To protect and advance the constitutional right of the
people to a balanced and healthful ecology; 

2. To provide a simplified, speedy and inexpensive procedure
for the enforcement of environmental rights and duties
recognized under the Constitution, existing laws, rules and
regulations, and international agreements; 

3. To introduce and adopt innovations and best practices
ensuring effective enforcement of remedies and redress for
violation of environmental laws; and 

4. To enable the courts to monitor and exact compliance with
orders and judgments in environmental cases.

Strategies
1. Liberalized legal standing and citizen’s suit; 

2. Speedy Disposition of Cases; 

3. Special Remedies in the form of the Writ of Kalikasan, Writ of
Continuing Mandamus, Environmental Protection Orders; 

4. Consent decree; 

5. Adoption of Strategic Lawsuit Against Public Participation
(SLAPP). 

A. Remedies from Quasi-Judicial Bodies
1. Pollution Adjudication Board (PAB)
a.Institution of Proceedings
b. Proceedings before the Hearing Officers

c. Proceedings before the PAB 

2. Mines Adjudication Board (MAB) 

a. Institution of Proceedings
b. Proceedings before the Panel of Arbitrators
c. Proceedings before the MAB
B. Civil Procedure
1. Institution of Proceedings
a.Filing of a Verified Complaint 

b. Service of Verified Complaint 

c. Payment of Filing Fees
2. Summons and Responsive Pleadings
a. Service of Summons
b. Requirements in Filing an Answer 

c. Speedy Disposition of the Case


3. Pre-trial Proceedings
a. Notice of Pre-trial 

b. Submission of Pre-trial Briefs 

c. Referral to Mediation 

d. Referral to Pre-trial Conference 

e. Effect of Failure to Settle During Pre-trial

f. Issuance of Pre-trial Order

4. Continuous Trial of Environmental Law Cases

a. Features of the New Rules 

b. Mandatory Period 

5.Evidence

6. Judgment and Execution
a. Executory Nature of the Judgment 

b. Monitoring of Compliance with Court Orders 


C. Criminal Procedure
1. Institution of a Criminal Case


2. Bail

3. Arraignment 

 4. Pre-trial Proceedings
a. Setting of Preliminary Conference
b. Pre-trial Proper
c. Issuance of Pre-trial Order

5. Continuous Trial of Environmental Law Cases

a. Features of the Rules

b. Mandatory Period 


6. Evidence

7. Judgment and Execution 


D. Writ of Kalikasan
1. Brief Overview

3. Nature of the Writ of Kalikasan 


4. Persons Who May File a Petition for a Writ of Kalikasan 


5. Persons Against Whom a Petition for a Writ of Kalikasan is Filed 


6. Courts Where the Petition for a Writ of Kalikasan is Filed

7. Procedure for the Issuance of a Writ of Kalikasan 


a. requirement
b. contents

E. Writ of Continuing Mandamus

1. Brief Overview
2. Writ of Continuing Mandamus Defined

3. Difference between a Writ of Continuing Mandamus and a Writ
of Kalikasan
4. Grounds to Avail of a Writ of Continuing Mandamus

 5. Person Who May File a Petition for a Writ of Continuing
Mandamus
6. Persons Against Whom a Petition for a Writ of Continuing
Mandamus is Filed
7. Court Where the Petition for a Writ of Continuing Mandamus is
Filed
8. Procedure for the Issuance of a Writ of Continuing Mandamus


F. Environmental Protection Order

1. Brief Overview

2. Environmental Protection Order Defined

3. Procedure for the Issuance of a Temporary Environmental

Protection Order 
(TEPO) 


4. Procedure for the Issuance of a Permanent Environmental

Protection Order


G. Preliminary Injunction
1. Preliminary Injunction Defined

2. Grounds for the Issuance of a Preliminary Injunction

3. Procedure for the Grant of a Preliminary Injunction

4. Final Injunction

5. Prohibition in Relation to the Enforcement of Environmental

Laws 


H. Strategic Lawsuit Against Public Participation

1. Brief Overview
2. SLAPP Defined

3. Using SLAPP as a Defense

4. Procedure for Using SLAPP as a Defense in a Civil Case

5. Procedure for Using SLAPP as a Defense in a Criminal Case