Professional Documents
Culture Documents
1 PDF
1 PDF
1. Citizens Suit:
Any Filipino citizen,
including minors and
generations yet unborn,
may file an action to
enforce environmental
rights and obligations
under Environmental
Laws
(Sec. 5, Rule 2, Part II).
2. Environmental Protection
Order (EPO) – where the
matter is of extreme
urgency and the applicant
stands to suffer grave
injustice and irreparable
injury – Exec Judge may
issue a TEPO (in the
nature of a Restraining
Order) (Sec. 8)
3. Filing fees – and other legal
fees deferred until after
judgment. To be first lien on
the judgment award.
7. Trial (Rule 4)
- Continuous trial not more than 2 months from Pre-Trial Order
- Memoranda may be in electronic form
- One year from filing to try and decide the case
Reports-
Kalikasan Continuing
Mandamus
Venue CA & SC only RTC, CA or SC
ARREST
- Warrant of Arrest
must be accompanied by
a certified true copy of
the Information
Custody and disposition of
seized items
Per rules of
confiscating
agency
Inventory, and
where practicable
photographs
Sale of seized
items and amount
in custody of the
Court
BAIL
Trial
-3 Months
- Affidavit in lieu of direct
- Pro bono lawyers – where
there is no public attorney,
Court to appoint IBP as pro
bono counsel
Subsidiary liability
allowed
SLAPP
Upon filing of the action before arraignment
Summary hearing
Substantial evidence for movant (person alleging it is a
SLAPP suit)
Party filing the action assailed as a SLAPP must prove by
preponderance of evidence
Evidence
Precautionary Principle– when human activities may
lead to threat of serious and irreversible damage to the
environment that is scientifically plausible but
uncertain, actions shall be taken to avoid or diminish
the threat.
Where there is a lack of full scientific certainty in
establishing the causal link, the court shall apply the
precautionary principle.
Preferential option for the right to a balanced and
healthful ecology (like for labor in Labor Law)
Standards for
Application-
Factors
Threat to human
life or health
Inequity to future
generations
Prejudice to the
environment
Writ of Kalikasan example: Flooding?
THE WORLD IS HEADED FOR WATER
BANKRUPTCY Agence France-Presse-7 FEB 2009
Mosquito-Stopping in a highway:
RATIONALE
FEW ELITE LEADERS
INTEREST GROUPS
VOTING POPULATION
THE FILIPINO MASSES
- No significant influence
over important decisions
especially on those critical
to the Environment
Our VISION: A REVOLUTION – Revolution defined: a
TURN AROUND.
OUR VISION
NOT just that: Turn it Upside Down!
Failure IS
NOT AN
OPTION
Story of a rich
man
Be the Light
in your little
corner of the
world;
THANK YOU: Ordinary citizens, YOUTH … 20
yrs ago (we fought for your right to speak and take
action. Now … it is up to you to take action).
The time for talk is over, it is time for action!
oft-quoted
A GREAT MOVEMENT MAY BE BORN IN THE MINDS OF THE FEW, BUT IT MUST BE
SPOKEN BY THE MOUTHS OF MANY, AND CARRIED ON THE SHOULDERS OF
ALL.
What light through yonder window breaks?
Ten, fifty, a hundred years from now, and many
generations hereafter,
DURING OUR WATCH
Let it be said that during our
watch …
While gifted
with intelligence & insight,
with privilege and position,
with the wealth of wisdom,
And with the
freedom and
power
of the
Human Will,
Let it be said that
in our time,
And during our
watch,
We did our
share,
And maybe, just maybe …
we will make a little difference.