Environment Law Procedure
4) Summary Hearing
Special Remedies:
1) SLAPP – Strategic Lawsuit Against
Public Participation
2) Writ of Kalikasan
3) Writ of Continuing Mandamus
4) Environmental Protection Order
5) Preliminary Injunction
SLAPP
- Refers to any 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 intent to harass, vex, exert undue pressure
or stifle any legal recourse that such person,
institution or gov’t agency has taken or may take
in the enforcement of environmental laws,
protection of environment or assertion of
environmental rights.
- May be used as a defense in an
environmental case when the person or
govt agency has taken legal recourse for
the ff:
a) Enforcement of environmental laws
b) Protection of the environment
c) Assertion of environmental rights
SLAPP Procedure: (as defense in civil case)
1) Answer interposing SLAPP as defense
2) Court issues order directing the other
party to file opposition
5 days notice from receipt of notice of
answer
3) – Opposition showing the suit is not a
SLAPP and Courts sets the defense of
SLAPP for hearing
15 days from filing of comment
or lapse of the period
30 days
5) Dismiss action with prejudice or Reject
defense of SLAPP, action proceeds
SLAPP Procedure: (Criminal Case):
1) Information filed against accused
2) Motion to Dismiss based on SLAPP
3) Summary Hearing
4) Grant Motion to Dismiss or Deny
Motion to Dismiss
5) If denied: Arraignment
WRIT OF KALIKASAN
- The writ of Kalikasan is an
extraordinary remedy which may be
issued depending on the magnitude of
the environmental damage.
- The environmental damage must be one
which prejudices the life, health or
property of inhabitants in 2 or more
cities or provinces, or that which
transcends political and territorial
boundaries.
The petition for a writ of kalikasan may be filed
either with (a) Supreme Court; (b) any station
of the Court of Appeals.
The filing of the petition for the writ does not
preclude the filing of separate civil, criminal or
administrative actions.
The petitioner does not need to pay docket fees,
however, no award of damages to private
individuals can be made under the writ.
Writ of Kalikasan Procedure:
1) Petition for WK
If not sufficient in form and substance:
Court denies petition
3 days
2) Court issues order:
a) Issuing the writ
b) Requiring the respondent to
file verified return
10 days from service of writ
3) Respondent files a verified return /
Respondent fails to file a verified return
4) If files a return: Preliminary Conference
5) Hearing (not exceed 60 days including
prelim confe)
6)
7) Petition is submitted for decision and
may ask for additional memoranda
60 days from submission for decision
8) Grant privilege of the writ of Kalikasan
or deny the privilege
15 days
9) Appeal to the SC via Rule 45
WRIT OF CONTINUING MANDAMUS
- The writ of continuing Mandamus is a
writ issued by a court in an
environmental case directing any agency
or instrumentality of the government, or
officer thereof to perform an act or
series of acts decreed by final judgment
which shall remain effective until
judgment is fully satisfied.
Grounds:
1) When the respondent either:
a. Unlawfully omits to perform a
duty specifically enjoined by law,
arising from an office, trust or station, in
relation to the enforcement or violation
of an environmental law, rule or
regulation or a right therein; or
b. Unlawfully excludes another from
the use or enjoyment of such right; and
2) There is no other plain, speedy
and adequate remedy in the ordinary
course of law.
The writ may be filed by any person personally
aggrieved by the unlawful act or omission.
The petition may be filed against any agency,
instrumentality of the Gov’t, or an officer
thereof.
In comparison with the writ of kalikasan, this
special remedy is not available against any
private individual or entity.
Where to file:
1) RTC having jurisdiction over the
unlawful act or omission
2) CA
3) SC
Writ of Continuing Mandamus Procedure:
1) Petition for the Writ
2) If not sufficient in form and substance
court denies petition
3) If sufficient: Court issues order issuing
the writ and requiring the respondent to
file a comment
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