Sherluck Jun C.

Villegas

Rules of Procedure for Environmental Cases Civil Procedure

Motion to dismiss the complaint is not allowed in RULE 16. Section 1. Grounds. Within the time
Environmental cases.
Motion to declare the defendant in default is not In civil cases the defendant may be declared in
allowed in allowed in Environmental cases.
Third party complaint is not allowed in
Environmental cases.
for but before filing the answer to the complaint
or pleading asserting a claim, a motion to dismiss
may be made on any of the following grounds:
(a)That the court has no jurisdiction over the
person of the defending party;
(b)That the court has no jurisdiction over the
subject matter of the claim;
(c)That venue is improperly laid;
(d)That the plaintiff has no legal capacity to sue;
(e)That there is another action pending
between the same parties for the same cause;
(f)That the cause of action is barred by a prior
judgment or by the statute of limitations;
(g)That the pleading asserting the claim states
no cause of action;
(h)That the claim or demand set forth in the
plaintiff's pleading has been paid, waived,
abandoned, or otherwise extinguished;
(i)That the claim on which the action is founded
is enforceable under the provisions of the statute
of frauds; and
(j)That a condition precedent for filing the claim
has not been complied with. (1a)
default if:
1. the defendant fail to appear in the pre-trial
2. the defendant failed to answer
3. defendant failed to furnish a copy of answer
4. failure to comply with modes of discovery
Section 11. Third, (fourth, etc.)party
complaint. A third (fourth, etc.) party
complaint is a claim that a defending party
may, with leave of court, file against a person
not a party to the action, called the third (fourth,
etc.) party defendant for contribution,
indemnity, subrogation or any other relief, in
respect of his opponent's claim.

Rule 3. Section 3. Referral to mediation. - At the No rules in civil procedure that refers the parties
start of the pre-trial conference, the court shall to mediation.
inquire from the parties if they have settled the
dispute; otherwise, the court shall immediately
refer the parties or their counsel, if authorized by
their clients, to the Philippine Mediation Center
(PMC) unit for purposes of mediation. If not
available, the court shall refer the case to the
clerk of court or legal researcher for mediation.
Rule 2. Section 4. Who may file. Any real party Government entities cannot file civil action
in interest, including the government and
juridical entities authorized by law, may file a civil
action involving the enforcement or violation of
any environmental law.
Rule 2. Section 5. Citizen suit. Any Filipino Rule 3. Section 12. Class suit. When the subject
citizen in representation of others, including matter of the controversy is one of common or
minors or generations yet unborn, may file an general interest to many persons so numerous
action to enforce rights or obligations under that it is impracticable to join all as parties, a
environmental laws. Upon the filing of a citizen number of them which the court finds to be
suit, the court shall issue an order which shall sufficiently numerous and representative as to
contain a brief description of the cause of fully protect the interests of all concerned may
action and the reliefs prayed for, requiring all sue or defend for the benefit of all. Any party in
interested parties to manifest their interest to interest shall have the right to intervene to
intervene in the case within fifteen (15) days protect his individual interest. (12a)
from notice thereof. The plaintiff may publish the
order once in a newspaper of a general
circulation in the Philippines or furnish all
affected barangays copies of said order.
Rule 2. Section 6. Service of the complaint on the Plaintiff is not required to furnish the government.
government or its agencies. - Upon the filing of
the complaint, the plaintiff is required to furnish
the government or the appropriate agency,
although not a party, a copy of the complaint.
Proof of service upon the government or the
appropriate agency shall be attached to the
complaint.
Rule 3. Section 7. Effect of failure to appear at Rule 18. Section 5. Effect of failure to appear.
pre-trial. - The court shall not dismiss the The failure of the plaintiff to appear when so
complaint, except upon repeated and required pursuant to the next preceding section
unjustified failure of the plaintiff to appear. The shall be cause for dismissal of the action.
dismissal shall be without prejudice, and the
court may proceed with the counterclaim.
Rule 4. Section 1. Continuous trial. - The judge Section 2. Adjournments and postponements.
shall conduct continuous trial which shall not A court may adjourn a trial from day to day,
exceed two (2) months from the date of the and to any stated time, as the expeditious and
issuance of the pre-trial order. convenient transaction of business may require,
but shall have no power to adjourn a trial for a
longer period than one month for each
adjournment nor more than three months in all,
except when authorized in writing by the Court
Administrator, Supreme Court.
Rule 4. Section 3. One-day examination of One-day examination of witness rule in civil
witness rule. - The court shall strictly adhere to the cases.
rule that a witness has to be fully examined in
one (1) day, subject to the courts discretion of
extending the examination for justifiable reason.
After the presentation of the last witness, only
oral offer of evidence shall be allowed, and the
opposing party shall immediately interpose his
objections. The judge shall forthwith rule on the
offer of evidence in open court.

Criminal Procedure Civil Procedure

Rule 110. Section 1. Institution of criminal actions. Rule 1. Section 5. Commencement of action.
Criminal actions shall be instituted as follows: A civil action is commenced by the filing of the
(a) For offenses where a preliminary original complaint in court. If an additional
investigation is required pursuant to section 1 of defendant is impleaded in a later pleading, the
Rule 112, by filing the complaint with the proper action is commenced with regard to him on the
officer for the purpose of conducting the dated of the filing of such later pleading,
requisite preliminary investigation. irrespective of whether the motion for its
(b) For all other offenses, by filing the admission, if necessary, is denied by the court.
complaint or information directly with the (6a)
Municipal Trial Courts and Municipal Circuit Trial
Courts, or the complaint with the office of the
prosecutor. In Manila and other chartered cities,
the complaint shall be filed with the office of the
prosecutor unless otherwise provided in their
charters
Rule 110. Section 2.The Complaint or information. Rule 3. Section 1. Who may be parties; plaintiff
The complaint or information shall be in writing, and defendant. Only natural or juridical
in the name of the People of the Philippines and persons, or entities authorized by law may be
against all persons who appear to be responsible parties in a civil action.
for the offense involved.
Rule 110. Section 5. Who must prosecute criminal Private counsel will prosecute civil actions.
actions. All criminal actions commenced by a
complaint or information shall be prosecuted
under the direction and control of the
prosecutor.
Rule 111. Section 1. Institution of criminal and civil Criminal case is not instituted in civil cases
actions. (a) When a criminal action is
instituted, the civil action for the recovery of civil
liability arising from the offense charged shall be
deemed instituted with the criminal action unless
the offended party waives the civil action,
reserves the right to institute it separately or
institutes the civil action prior to the criminal
action.
Rule 112. Section 1. Preliminary investigation In Civil cases, preliminary investigation is never
defined; when required. Preliminary required.
investigation is an inquiry or proceeding to
determine whether there is sufficient ground to
engender a well-founded belief that a crime has
been committed and the respondent is probably
guilty thereof, and should be held for trial.
Evidence
Rule 129. Section 4. Judicial admissions. An
admission, verbal or written, made by the party in
the course of the proceedings in the same case,
does not require proof. The admission may be
contradicted only by showing that it was made
through palpable mistake or that no such
admission was made.
Rule 130. Section 3. Original document must be
produced
Rule 130. Section 7. Evidence admissible when
original document is a public record. When
the original of document is in the custody of
public officer or is recorded in a public office, its
contents may be proved by a certified copy
issued by the public officer in custody thereof.
Rule 130. Section 20. Witnesses; their
qualifications. Except as provided in the next
succeeding section, all persons who can
perceive, and perceiving, can make their known
perception to others, may be witnesses.
Rule 130. Section 27. Offer of compromise
not admissible. In civil cases, an offer of
compromise is not an admission of any liability,
and is not admissible in evidence against the
offeror.
Civil Procedure
Rule 118. Section 2. Nature and purpose of
Pretrial.
(d) The possibility of obtaining stipulations or
admissions of facts and of documents to avoid
unnecessary proof;
Rule 8. Section 7. Action or defense based on
document. Whenever an action or defense is
based upon a written instrument or document,
the substance of such instrument or document
shall be set forth in the pleading, and the original
or a copy thereof shall be attached to the
pleading as an exhibit, which shall be deemed to
be a part of the pleading, or said copy may with
like effect be set forth in the pleading. (7)
Rule 8. Section 9. Official document or act. In
pleading an official document or official act, it is
sufficient to aver that the document was issued
or the act done in compliance with law.
Rule 21. Section 8. Compelling attendance. In
case of failure of a witness to attend, the court or
judge issuing the subpoena, upon proof of the
service thereof and of the failure of the witness,
may issue a warrant to the sheriff of the province,
or his deputy, to arrest the witness and bring him
before the court or officer where his attendance
is required, and the cost of such warrant and
seizure of such witness shall be paid by the
witness if the court issuing it shall determine that
his failure to answer the subpoena was willful and
without just excuse.
Rule 18. Section 2. (a) The possibility of an
amicable settlement or of a submission to
alternative modes of dispute resolution;