1.
WRIT OF KALIKASAN –
is a remedy available to a natural or juridical person
whose constitutional right to a balanced and healthful
ecology is violated or threatened with violation by an
awful act or omission involving environmental damage
of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or
provinces.
It is designed for a narrow but special purpose: to
accord a stronger protection for environmental rights
aiming to provide a speedy and effective resolution of
a case involving the violation of one’s constitutional
right to a healthful and balanced ecology.
2. PRECAUTIONARY PRINCIPLE –
When there is a lack of full scientific certainty in
establishing a causal link between human activity and
environmental effect, the court shall apply this in
resolving the case.
This principle only applies when the link between the
cause, that is the human activity, and the effect, that is
the damage to the environment, cannot be established
with full scientific certainty.
3. DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES –
This doctrine calls for resort first to the appropriate
administrative authorities in the resolution of a
controversy falling under their jurisdiction before the
same may be elevated to the courts of justice for review.
4. LOCUS STANDI –
Sec. 5, Rule 2, RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
- CITIZEN SUIT
o Any Filipino Citizen in representation of
others may file an action to enforce rights or
obligations under environmental laws.
A “citizen suit” liberalizes requirements for
standing of litigants enforcing environment rights.
 The landmark case of Oposa v. Factoran
signaled an even more liberated policy on
locus standi in public suits. In the case,
the Court recognized the “public right” of
citizens to a “healthful and balanced
ecology”. Since the Oposa ruling,
ordinary citizens not only have legal
standing to sue for the enforcement of
environmental rights, they can do so in
representation of their own and future
generations.
5. STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
Sec. 1, Rule 6, RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
- SLAPP
o A legal action filed to harass, vex, exert
undue procedure or stifle any legal recourse that
any person, institution or the government has
taken or may take in the enforcement of
environmental laws.
 Countering a SLAPP suit
Since motion to dismiss is prohibited, SLAPP as
an affirmative defense should be raised in the
answer along with other defenses that may be
raised in the case alleged to be a SLAPP.
6. INTERGENERATIONAL RESPONSIBILITY –
Is the responsibility of the citizen to provide a healthful
and balanced ecology for the future generations.
7. ALIENABLE AND DISPOSABLE LANDS –
Refer to those lands of the public domain which may be
further classified according to the use or purposes such
as:
(i) Agricultural
(ii) Residential
(iii) Educational
(iv) Reservation for town sites and
public uses
o The President, upon the recommendation
of the Secretary of Environment and Natural
Resources, shall from time to time declare what
lands are open to disposition or concession under
the Public Land Act.
8. WRIT OF CONTINUING MANDAMUS –
It is employed to compel the performance of a
ministerial duty. The function of the mandamus is to set
in motion and to compel action. Mandamus lies to
command the doing of what ought to be done, and not
to undo what has been done.
9. RIGHT TO A HEALTHFUL AND BALANCED
ECOLOGY –
It is enshrined in Article II, Section 15 of the 1987
Constitution:
“The State shall protect and promote the
right of the people to a balanced and healthful ecology
in accord with rhythm and harmony of nature.”
This provision gave rise to many environmental laws.
10. ABATEMENT OF NUISANCE –
Is the damage which is sustained by another person to
himself or to his property due to the nuisance done by a
person or negligent act done by the same.
o There are 2 Kinds of Nuisance:
 Per Se
 Per Accidens
- Nuisance Per Se is when the said nuisance does
not need any judicial declaration to pronounce that
the said act is nuisance.
- It is Nuisance Per Accidens if the said act cannot
be determined by man, law or even agreement.
Judicial declaration is needed in Nuisance per
accidens.