WRIT OF KALIKASAN  Natural or juridical person, entity authorized by law, people’s

organization, non-governmental organization, or any public

What are the bases for issuing writ of kalikasan?
 1987 Constitution
o Article 2 Sec. 16, “The state shall advance the right
of the people to a balanced and healthful ecology in
accordance with the rhythm and harmony of nature”
o Article 2 Sec. 15, “The state shall protect and
promote the right to health of the people and instill
health consciousness among them.”
 Environmental Justice
 Inter-generational Responsibility (Oposa v. Factoran)
Why is there a need for accreditation of a group or organization?
What are the main issues considered by the Supreme Court
Committee which affects the prosecution of environmental
cases?
 whether to relax the rule on "locus standi” to encourage more
citizens to file suits involving violations of the country's What are the contents of a petition for Writ of Kalikasan?
environmental laws;
 the delay in the disposition of pending environmental cases;
and
 the problem of procuring evidence and crafting effective
remedies.
What are the objectives of Writ of Kalikasan?
 For protection and promotion of constitutional right to a
balanced and healthful ecology;
 For simplified, speedy and inexpensive procedure in the
enforcement of environmental rights and duties;
 To introduce and adopt innovations in ensuring the effective
enforcement of remedies and redress for violation of
environmental laws; and
 To enable the courts to monitor and exact compliance with
orders and judgments in environmental cases.
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;
 involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or
more cities or provinces.
The requirement of accreditation of a group or organization is for
the purpose of verifying its existence. The accreditation is a
mechanism to prevent “fly by night” groups from abusing the writ.
 Personal circumstances of the petitioner;
 Name and personal circumstances of the respondent, or if
name is unknown or uncertain, an appellation for him;
 The environmental law violated;
 The act or omission complained of;
 The environmental damage of such magnitude as to
prejudice the health, life or property of inhabitants in two or
more cities or provinces;
 All relevant or material evidence;
 Certification of petitioner under oath that:
 He has not commenced any action involving the same issue;
 If there is a pending action, the present status thereof;
 If he should learn that the same claim has been filed or is
pending, he should report such fact within 5 days from
knowledge thereof to the court;
 The reliefs prayed for.

What are some features of the Writ of Kalikasan? Where is it filed?

 First of its kind in the WORLD. With the Supreme Court or with any station of the Court of
 Special Civil Action Appeals
 Rule 7 of A.M. No. 09-6-8-SC: Rules of Procedure for
Environmental Cases (Effective April 29, 2010) Why is the petition filed in the Supreme Court or the Court of
 A remedial measure that may be granted by the courts upon Appeals?
the request of a person or a group whose constitutional right  The magnitude of the environmental damage is the reason
to a healthy environment is violated for limiting where the writ may be filed, to the Supreme Court
or Court of Appeals whose jurisdiction is national in scope.
What is the nature of a writ of kalikasan?
It is an extraordinary remedy with the underlying emphasis on the How much is the docket fee?
magnitude as it deals with damage that transcends political and The petitioner is EXEMPT from paying docket fees
territorial boundaries.
What is the rationale of the exemption from the payment of
How is magnitude measure? docket fees?
Magnitude is measured according to the qualification set forth in The exemption from payment of docket fees is consistent with the
the Rule – when there is environmental damage that prejudices character of the reliefs available under the writ, which excludes
the life, liberty or property of inhabitants in two or more cities or damages for personal injuries. This exemption also encourages
provinces. public participation in availing of the remedy.

Give several instances wherein the SC issued Writ of Kalikasan. How is the writ issued?
 Protected Area Mgt. Board to refrain from issuing Within 3 days from the filing of the petition, if the petition is
clearances for fish cage operations in Taal Lake; sufficient in form and substance, the court shall order:
 government to answer a petition seeking to stop  Issuing the writ;
mining operations in the Zamboanga Peninsula;  Requiring the respondent to file a verified return.
 Placer Dome and Barric Gold to clean up the toxic The Clerk of Court shall issue the writ.
waste that spilled into the Boac River in Marinduque in 1996;
 Baguio City government to cease and desist from How is the writ served?
using the Irisan dump facility either as a holding or staging It is served personally or by substituted service by the court
area or as controlled area for all kinds of solid wastes; officer or any person deputized by the court, who shall retain a
 Rehabilitating the Manila Bay by cleaning-up the river copy on which to make the return of service.
veins connected to the bay; and
 Stopping FPIC from operating the 117-kilometer What if the court officers refuse to issue or serve the writ?
Batangas-to-Manila oil pipeline after it leaked sometime in They will be punished with contempt without prejudice to other
2010. administrative, civil, or criminal action.

Who can file a petition for Writ of Kalikasan? (PVU EP)

When should the respondent file a verified return?
 Within a non-extendible period of ten (10) days after service of
the writ.
What are the contents of the return?
 All defenses to show that respondent did not violate or
threaten to violate, or allow the violation of any
environmental law, rule or regulation or commit any act
resulting to environmental damage of such magnitude
as to prejudice the life, health or property of inhabitants
in two or more cities or provinces.
 Affidavits of witnesses
 documentary evidence
 scientific or other expert studies
 object evidence, if possible
What is the effect if respondent will not raise all his defenses in
the return?
All defenses not raised in the return shall be deemed waived.
What is the effect of a general denial?
A general denial of allegations in the petition shall be considered
as an admission thereof.
What are the prohibited pleadings and motions?
 Motion to dismiss;
 Motion for extension of time to file return;
 Motion for postponement;
 Motion for a bill of particulars;
 Counterclaim or cross-claim;
 Third-party complaint;
 Reply; and
 Motion to declare respondent in default.
What is the purpose of providing for prohibited pleadings and
motions?
The purpose of prohibiting certain pleadings and motions is to
expedite the hearing of the petition.
Is a motion for intervention prohibited?
NO. A motion for intervention is excluded from the enumeration.
Allowing this motion is a reaffirmation of the public participation
aspect of the writ of kalikasan since there may be a large,
qualified pool of possible representatives interested in availing of
the remedy.
What is the effect for failure to file a return?
The court shall proceed to hear the petition ex parte
What are the matters taken up in a preliminary conference?
 Simplification of issues
 determination of the possibility of obtaining stipulations or
admissions from the parties;
 setting up the petition for hearing
What is the duration of the preliminary conference and hearing?
The hearing and preliminary conference shall not extend beyond
sixty (60) days and shall be given the same priority as petitions What are the contents of the order of the court submitting the
for the writs of habeas corpus, amparo and habeas data.
What is the nature of the hearing?
The environmental damage subject of the writ may involve issues
that are of a complex character, and for this reason, the hearing is
not summary. The abbreviated time frame required, however, What is the purpose of requiring the filing of memoranda in
insures that the proceedings are expedited
What are the discovery measures available?
The discovery measures available include “ocular inspection” and
“production or inspection of documents or things.”
How can the discovery measures be availed of?
The discovery measures may be availed of by the filing of a
verified motion.
Who can avail of the discovery measures?
The discovery measures are available to a party in the case.
What should be alleged in the motion for an “ocular inspection?”
 The motion must show that an ocular inspection order is
necessary to establish the magnitude of the violation or the
threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
 It shall state in detail the place or places to be inspected.
 It shall be supported by affidavits of witnesses having
personal knowledge of the violation or threatened violation of
environmental law.
What are the contents of the “ocular inspection order?”
After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry for
the purpose of inspecting or photographing the property or any
relevant object or operation thereon. The order shall specify the
person or persons authorized to make the inspection and the
date, time, place and manner of making the inspection and may
prescribe other conditions to protect the constitutional rights of all
parties.
What should be alleged in the motion for “production or
inspection of documents or things?”
The motion must show that a production order is necessary to
establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more
cities or provinces.
What are the contents of the “production or inspection order of
documents or things?”
After hearing, the court may order any person in possession,
custody or control of any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things, or
objects in digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce and
permit their inspection, copying or photographing by or on behalf
of the movant. The production order shall specify the person or
persons authorized to make the production and the date, time,
place and manner of making the inspection or production and
may prescribe other conditions to protect the constitutional rights
of all parties.
What are the limits on the issuance of the discovery measures?
Considering that these measures are invasive, the court may
prescribe conditions in any order granting such measures to
safeguard constitutional rights.
Who may be punished for indirect contempt?
The court may after hearing punish the respondent who refuses
or unduly delays the filing of a return, or who makes a false
return, or any person who disobeys or resists a lawful process or
order of the court for indirect contempt under Rule 71 of the
Rules of Court.
case for decision?
The court may require the filing of memoranda and if possible, in
its electronic form, within a non-extendible period of 30 days from
the date the petition is submitted for decision.
electronic form?
The court’s discretion in requiring the filing of memoranda in
electronic form if possible is for the purpose of expediting the
proceedings.
What is the procedure in rendering judgment?
 After hearing, the court shall issue an order submitting the
case for decision.
◦ The court may require the filing of memoranda and if
possible, in its electronic form, within a non-extendible
 period of thirty (30) days from the date the petition is submitted for decision.
 Within sixty (60) days from the time the petition is submitted Yes. The filing of a petition for the issuance of the writ of
for decision, the court shall render judgment granting or kalikasan shall not preclude the filing of separate civil, criminal or
denying the privilege of the writ of kalikasan. administrative actions.

What are the reliefs that may be granted under the writ of WRIT OF CONTINUING MANDAMUS
kalikasan?
 Directing respondent to permanently cease and desist from What is the writ of continuing mandamus?
committing acts or neglecting the performance of a duty in Continuing mandamus is a writ issued in an environmental case
violation of environmental laws resulting in environmental directing any agency or instrumentality of the government or
destruction or damage; officer thereof to perform an act or series of acts decreed by final
 Directing the respondent public official, government agency, judgment which shall remain effective until judgment is dully
private person or entity to protect, preserve, rehabilitate or satisfied.
restore the environment;
 Directing the respondent public official, government agency, What are the grounds for the issuance of the writ of continuing
private person or entity to monitor strict compliance with the mandamus?
decision and orders of the court;  When any agency or instrumentality of the government or
 Directing the respondent public official, government agency, officer thereof unlawfully neglects the performance of an act
or private person or entity to make periodic reports on the which the law specifically enjoins as a duty resulting from an
execution of the final judgment; and office, trust or station in connection with the enforcement or
 Such other reliefs which relate to the right of the people to a violation of an environmental law rule or regulation or a right
balanced and healthful ecology or to the protection, therein.
preservation, rehabilitation or restoration of the environment,  When any agency or instrumentality unlawfully excludes
except the award of damages to individual petitioners. another from the use or enjoyment of such right.

Are the reliefs available exclusive?
The reliefs that may be granted under the writ are broad,
comprehensive and non-exclusive. The reliefs regarding
monitoring and periodic reports ensure enforcement of the
judgment of the court.
Where should the petition be filed?
The petition shall be filed with the Regional Trial Court exercising
jurisdiction over the territory where the actionable neglect or
omission occurred or with the Court of Appeals or the Supreme
Court.

What is the remedy in case an adverse judgment was rendered?
The remedy is to appeal to the Supreme Court under Rule 45 of of the writ of continuing mandamus?
the Rules of Court within fifteen (15) days from the date of notice
of the adverse judgment or denial of motion for reconsideration.
The appeal may raise questions of fact.
Can a question of fact be raised on appeal?
Given the extraordinary nature of circumstances surrounding the
issuance of a writ of kalikasan, this section allows an appeal to
raise questions of fact and thus constitutes an exception to Rule
45 of the Rules of Court.
May a party institute separate actions?
What are some characteristics of the procedure for the issuance
 The petitioner shall be exempt from the payment of docket
fees.
 Proceedings shall be summary in nature
 Orders expediting the proceedings or a Temporary
Environmental Protection Order for protection of the rights of
the parties may be granted by the court.
 The petition shall be resolved without delay within sixty (60)
days from the date of the submission of the petition for
resolution.

Summary and Comparative Table

Writ of Kalikasan
A Writ of Kalikasan is available
against an unlawful act or
omission of a public official or
employee, or private individual or
entity, involving environmental
damage of such magnitude as to
Subject prejudice the life, health or
property
Matter
of inhabitants in two or more cities
or provinces. In addition,
magnitude of environmental
damage is a condition sine qua
non in a petition for the issuance
of a Writ of Kalikasan and must be
contained in the verified petition.
A petition for the issuance of a
Writ of Kalikasan is available to a
broad range of persons such as
natural or juridical person, entity
authorized by law, people’s
Who organization, non-governmental
organization, or any public interest
may file
group accredited by or registered
with any government agency, on
behalf of persons whose right to a
balanced and healthful ecology is
violated or threatened to be
violated.
Respon
The respondent may be a private
dent individual or entity.
Writ of Continuing
Mandamus
A Writ of Continuing Mandamus is
directed against
(a) the unlawful neglect in the
performance of an act which the law
specifically enjoins as a duty resulting
from an office, trust or station in
connection with the enforcement or
violation of an environmental law rule
or regulation or a right therein; or
(b) the unlawfully exclusion of another
from the use or enjoyment of such
right and in both instances, there is
no other plain, speedy and adequate
remedy in the ordinary course of law.
A Writ of Continuing Mandamus is
available only to one who is
personally aggrieved by the unlawful
act or omission.
The respondent in a petition for
continuing mandamus is only the
government or its officers
Docket
Exempted Exempted
Fees
A petition for the issuance of a Writ of
Continuing Mandamus may be filed in
Given the magnitude of the
the following: (a) the Regional Trial
damage, the application for the
Court exercising jurisdiction over the
issuance of a Writ of Kalikasan
territory where the actionable neglect
can only be filed in Supreme Court
or omission occurred; (b) the Court
Venue or any of the stations of the Court
of Appeals; or (c) the Supreme Court.
of Appeals.
The Rule on the Writ of Kalikasan
incorporates the procedural
environmental right of access to The Rule on the Writ of Continuing
Discovery
information through the use of Mandamus does not contain any
Measure
discovery measures such as provision for discovery measures
ocular inspection order and
production order.
No damages may be awarded in a
petition for the issuance of a Writ The Writ of Continuing Mandamus
allows damages for the malicious
Damages of Kalikasan consistent with the
public-interest character of the neglect of the performance of the
for legal duty of the respondent, identical
personal petition. A party who avails of this
petition but who also wishes to be to Rule 65, Rules of Court.
injury
indemnified for injuries suffered
may file another suit for the
recovery of damages since the
 Rule on the Writ of Kalikasan
allows for the institution of
separate actions.

Sources:

A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases

Annotation to the Rules of Procedure for Environmental Cases

http://www.scribd.com/doc/84320250/Writ-of-Kalikasan by Ms.
Cheryl Daytec-Yangot

http://www.abs-cbnnews.com/nation/01/31/10/sc-rushes-
promulgation-rules-writ-kalikasan

http://www.manilatimes.net/index.php/opinion/columnist1/17649-
we-need-a-law-on-environmental-remediation