WRIT OF KALIKASAN and WRIT OF CONTINUING

MANDAMUS
http://salongacenter.org/2012/04/writ-of-kalikasan-and-
writ-of-continuing-mandamus/
What is a Writ of Kalikasan?
It is a remedy available to a natural or juridical
person, entity authorized by law , peoples
organizations (PO), NGO, or any public interest
group accredited by or registered with any
governent agency, on behal! o! persons
(including those yet to be born) whose
constitutional right to a balanced and health!ul
ecology is violated, or threatened with violation by
an unlaw!ul act or oission o! a public o"cial or
eployee, or private individual or entity without
involving environental daage o! such
agnitude as to prejudice the li!e, health or
property o! inhabitants in two (#) or ore cities or
provinces$
What is the basis of the Writ of Kalikasan?
It rests in Article II, Section 16 on the
Declaration of Principles and State Policies of
the 19! "onstit#tion, which states that, %&he
'tate shall protect and advance the right o! the
people to a balanced and health!ul ecology in
accord with the rhyth and harony o! nature($
What is the important feat#re of this $rit?
&he agnitude re)uireent with regards to the
destruction or iinent destruction which is
sought to be prevented ust be present$
What is a Writ of "ontin#in% &andam#s?
It is writ issued by a court in an environental case
directing any agency or instruentality o! the
governent or o"cer thereo! to per!or an act or
series o! acts decreed by *nal judgent which
shall reain e+ective until judgent is !ully
satis*ed$ It is *led by one who is personally
aggrieved$ (Contributor, Ihra Faith C Magno)
S#mmary of di'erence and similarities of
Writ of Kalikasan and Writ of "ontin#in%
&andam#s

Writ of
Kalikasan
Writ of
"ontin#in%
&andam#s
'ubject ,atter -nlaw!ul act
or oission.
threat to li!e
health or
property (in #
or ore
Neglect or
e/clusion.
law, rule or
right
cities0provinc
es)
Petitioner
1ny person or
representativ
e 0agent
(PO0NGO0Publ
ic Interest
Group)
One who is
personally
aggrieved
2espondent
Public or
private entity
or individual
Governent
or o"cers
(Public)
&eporary
3nvironental
Protection
Order (&3PO)
Ancillary
remedy
Ancillary
remedy
4enue '5 or 51 '5, 51 or 2&5
6iscovery
,easures
Ocular
inspection.
Production o!
docuents
No
enueration
6aages None.
separate suit 1llow
daages !or
alicious
neglect o!
duty