Professional Documents
Culture Documents
Section 2. Scope. — These Rules shall (n) R.A. No. 7611, Strategic
govern the procedure in civil, criminal and Environmental Plan for Palawan Act;
special civil actions before the Regional
Trial Courts, Metropolitan Trial Courts, (o) R.A. No. 7942, Philippine Mining
Municipal Trial Courts in Cities, Municipal Act;
Trial Courts and Municipal Circuit Trial
Courts involving enforcement or violations (p) R.A. No. 8371, Indigenous
of environmental and other related laws, Peoples Rights Act;
rules and regulations such as but not limited
to the following: (q) R.A. No. 8550, Philippine
Fisheries Code;
(a) Act No. 3572, Prohibition Against
Cutting of Tindalo, Akli, and Molave (r) R.A. No. 8749, Clean Air Act;
Trees;
(s) R.A. No. 9003, Ecological Solid
(b) P.D. No. 705, Revised Forestry Waste Management Act;
Code;
(t) R.A. No. 9072, National Caves
(c) P.D. No. 856, Sanitation Code; and Cave Resource Management
Act;
(d) P.D. No. 979, Marine Pollution
Decree; (u) R.A. No. 9147, Wildlife
Conservation and Protection Act;
(e) P.D. No. 1067, Water Code;
(v) R.A. No. 9175, Chainsaw Act;
(f) P.D. No. 1151, Philippine
Environmental Policy of 1977; (w) R.A. No. 9275, Clean Water Act;
(g) P.D. No. 1433, Plant Quarantine (x) R.A. No. 9483, Oil Spill
Law of 1978; Compensation Act of 2007; and
(h) P.D. No. 1586, Establishing an (y) Provisions in C.A. No. 141, The
Environmental Impact Statement Public Land Act; R.A. No. 6657,
System Including Other Comprehensive Agrarian Reform
Environmental Management Related Law of 1988; R.A. No. 7160, Local
Measures and for Other Purposes; Government Code of 1991; R.A. No.
7161, Tax Laws Incorporated in the
(i) R.A. No. 3571, Prohibition Against Revised Forestry Code and Other
the Cutting, Destroying or Injuring of Environmental Laws (Amending the
Planted or Growing Trees, Flowering NIRC); R.A. No. 7308, Seed Industry
Plants and Shrubs or Plants of Development Act of 1992; R.A. No.
Scenic Value along Public Roads, in 7900, High-Value Crops
Plazas, Parks, School Premises or Development
in any Other Public Ground;
Rules of Procedure for Environmental
(j) R.A. No. 4850, Laguna Lake Cases Act; R.A. No. 8048, Coconut
Development Authority Act; Preservation Act; R.A. No. 8435, Agriculture
and Fisheries Modernization Act of 1997;
R.A. No. 9522, The Philippine Archipelagic
Baselines Law; R.A. No. 9593, Renewable (d) Environmental protection order
Energy Act of 2008; R.A. No. 9637, (EPO) refers to an order issued by
Philippine Biofuels Act; and other existing the court directing or enjoining any
laws that relate to the conservation, person or government agency to
development, preservation, protection and perform or desist from performing an
utilization of the environment and natural act in order to protect, preserve or
resources. rehabilitate the environment.
(h) List of cases arising out of the (e) To require the production of
same facts pending before other documents or things requested by a
courts or administrative agencies. party under Rule 27 and the results
Failure to comply with the required of the physical and mental
contents of a pre-trial brief may be a examination of persons under Rule
ground for contempt. 28;
Failure to file the pre-trial brief shall have (f) To consider such other matters as
the same effect as failure to appear at the may aid in its prompt disposition;
pre-trial.
(g) To record the proceedings in the
Section 3. Referral to mediation. - At the "Minutes of Preliminary Conference"
start of the pre-trial conference, the court
to be signed by both parties or their (b) Determine if there are cases
counsels; arising out of the same facts pending
before other courts and order its
(h) To mark the affidavits of consolidation if warranted;
witnesses which shall be in question
and answer form and shall constitute (c) Determine if the pleadings are in
the direct examination of the order and if not, order the
witnesses; and amendments if necessary;
(a) Ocular Inspection; order — The Section 13. Contempt. - The court may
motion must show that an ocular after hearing punish the respondent who
inspection order is necessary to refuses or unduly delays the filing of a
establish the magnitude of the return, or who makes a false return, or any
violation or the threat as to prejudice person who disobeys or resists a lawful
the life, health or property of process or order of the court for indirect
inhabitants in two or more cities or
contempt under Rule 71 of the Rules of Rules of Court. The appeal may raise
Court. questions of fact.
Section 14. Submission of case for Section 17. Institution of separate actions. -
decision; filing of memoranda. - After The filing of a petition for the issuance of the
hearing, the court shall issue an order writ of kalikasan shall not preclude the filing
submitting the case for decision. The court of separate civil, criminal or administrative
may require the filing of memoranda and if actions.
possible, in its electronic form, within a non-
extendible period of thirty (30) days from the RULE 8
date the petition is submitted for decision. WRIT OF CONTINUING MANDAMUS
Section 15. Judgment. - Within sixty (60) Section 1. Petition for continuing
days from the time the petition is submitted mandamus. - When any agency or
for decision, the court shall render judgment instrumentality of the government or officer
granting or denying the privilege of the writ thereof unlawfully neglects the performance
of kalikasan. of an act which the law specifically enjoins
as a duty resulting from an office, trust or
The reliefs that may be granted under the station in connection with the enforcement
writ are the following: or violation of an environmental law rule or
regulation or a right therein, or unlawfully
(a) Directing respondent to excludes another from the use or enjoyment
permanently cease and desist from of such right and there is no other plain,
committing acts or neglecting the speedy and adequate remedy in the
performance of a duty in violation of ordinary course of law, the person
environmental laws resulting in aggrieved thereby may file a verified petition
environmental destruction or in the proper court, alleging the facts with
damage; certainty, attaching thereto supporting
evidence, specifying that the petition
(b) Directing the respondent public concerns an environmental law, rule or
official, government agency, private regulation, and praying that judgment be
person or entity to protect, preserve, rendered commanding the respondent to do
rehabilitate or restore the an act or series of acts until the judgment is
environment; fully satisfied, and to pay damages
sustained by the petitioner by reason of the
(c) Directing the respondent public malicious neglect to perform the duties of
official, government agency, private the respondent, under the law, rules or
person or entity to monitor strict regulations. The petition shall also contain a
compliance with the decision and sworn certification of non-forum shopping.
orders of the court;
Section 2. Where to file the petition. - The
(d) Directing the respondent public petition shall be filed with the Regional Trial
official, government agency, or Court exercising jurisdiction over the
private person or entity to make territory where the actionable neglect or
periodic reports on the execution of omission occurred or with the Court of
the final judgment; and Appeals or the Supreme Court.
(e) Such other reliefs which relate to Section 3. No docket fees. - The petitioner
the right of the people to a balanced shall be exempt from the payment of docket
and healthful ecology or to the fees.
protection, preservation,
rehabilitation or restoration of the Section 4. Order to comment. - If the
petition is sufficient in form and substance,
environment, except the award of the court shall issue the writ and require the
damages to individual petitioners. respondent to comment on the petition
within ten (10) days from receipt of a copy
Section 16. Appeal. - Within fifteen (15) thereof. Such order shall be served on the
days from the date of notice of the adverse respondents in such manner as the court
judgment or denial of motion for may direct, together with a copy of the
reconsideration, any party may appeal to petition and any annexes thereto.
the Supreme Court under Rule 45 of the
Section 5. Expediting proceedings; TEPO. - violation of an environmental law and
The court in which the petition is filed may subscribed by the prosecutor, shall be filed
issue such orders to expedite the with the court.
proceedings, and it may also grant a TEPO
for the preservation of the rights of the Section 3. Special prosecutor. - In criminal
parties pending such proceedings. cases, where there is no private offended
party, a counsel whose services are offered
Section 6. Proceedings after comment is by any person or organization may be
filed. - After the comment is filed or the time allowed by the court as special prosecutor,
for the filing thereof has expired, the court with the consent of and subject to the
may hear the case which shall be summary control and supervision of the public
in nature or require the parties to submit prosecutor.
memoranda. The petition shall be resolved
without delay within sixty (60) days from the RULE 10
date of the submission of the petition for PROSECUTION OF CIVIL ACTIONS
resolution.
Section 1. Institution of criminal and civil
Section 7. Judgment. - If warranted, the actions. - When a criminal action is
court shall grant the privilege of the writ of instituted, the civil action for the recovery of
continuing mandamus requiring respondent civil liability arising from the offense
to perform an act or series of acts until the charged, shall be deemed instituted with the
judgment is fully satisfied and to grant such criminal action unless the complainant
other reliefs as may be warranted resulting waives the civil action, reserves the right to
from the wrongful or illegal acts of the institute it separately or institutes the civil
respondent. The court shall require the action prior to the criminal action.
respondent to submit periodic reports
detailing the progress and execution of the Unless the civil action has been instituted
judgment, and the court may, by itself or prior to the criminal action, the reservation
through a commissioner or the appropriate of the right to institute separately the civil
government agency, evaluate and monitor action shall be made during arraignment.
compliance. The petitioner may submit its
comments or observations on the execution In case civil liability is imposed or damages
of the judgment. are awarded, the filing and other legal fees
shall be imposed on said award in
Section 8. Return of the writ. - The periodic accordance with Rule 141 of the Rules of
reports submitted by the respondent Court, and the fees shall constitute a first
detailing compliance with the judgment shall lien on the judgment award. The damages
be contained in partial returns of the writ. awarded in cases where there is no private
offended party, less the filing fees, shall
Upon full satisfaction of the judgment, a final accrue to the funds of the agency charged
return of the writ shall be made to the court with the implementation of the
by the respondent. If the court finds that the environmental law violated. The award shall
judgment has been fully implemented, the be used for the restoration and rehabilitation
satisfaction of judgment shall be entered in of the environment adversely affected.
the court docket.
RULE 11
PART IV ARREST
CRIMINAL PROCEDURE
Section 1. Arrest without warrant; when
RULE 9 lawful. - A peace officer or an individual
PROSECUTION OF OFFENSES deputized by the proper government agency
may, without a warrant, arrest a person:
Section 1. Who may file. - Any offended
party, peace officer or any public officer (a) When, in his presence, the
charged with the enforcement of an person to be arrested has
environmental law may file a complaint committed, is actually committing or
before the proper officer in accordance with is attempting to commit an offense;
the Rules of Court. or
Section 2. Filing of the information. - An (b) When an offense has just been
information, charging a person with a committed, and he has probable
cause to believe based on personal instruments of the crime. The court
knowledge of facts or circumstances shall, after hearing, fix the minimum
that the person to be arrested has bid price based on the
committed it. Individuals deputized recommendation of the concerned
by the proper government agency government agency. The sheriff
who are enforcing environmental shall conduct the auction.
laws shall enjoy the presumption of
regularity under Section 3(m), Rule (d) The auction sale shall be with
131 of the Rules of Court when notice to the accused, the person
effecting arrests for violations of from whom the items were seized, or
environmental laws. the owner thereof and the concerned
government agency.
Section 2. Warrant of arrest. - All warrants
of arrest issued by the court shall be (e) The notice of auction shall be
accompanied by a certified true copy of the posted in three conspicuous places
information filed with the issuing court. in the city or municipality where the
items, equipment, paraphernalia,
RULE 12 tools or instruments of the crime
CUSTODY AND DISPOSITION OF SEIZED were seized.
ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND (f) The proceeds shall be held in
INSTRUMENTS trust and deposited with the
government depository bank for
Section 1. Custody and disposition of disposition according to the
seized items. - The custody and disposition judgment.
of seized items shall be in accordance with
the applicable laws or rules promulgated by RULE 13
the concerned government agency. PROVISIONAL REMEDIES
Section 1. Arraignment. - The court shall (e) To consider such other matters
set the arraignment of the accused within as may aid in the prompt disposition
fifteen (15) days from the time it acquires of the case;
jurisdiction over the accused, with notice to
the public prosecutor and offended party or (f) To record the proceedings during
concerned government agency that it will the preliminary conference in the
entertain plea-bargaining on the date of the Minutes of Preliminary Conference
arraignment. to be signed by the parties and
counsel;
Section 2. Plea-bargaining. - On the
scheduled date of arraignment, the court (g) To mark the affidavits of
shall consider plea-bargaining witnesses which shall be in question
arrangements. Where the prosecution and and answer form and shall constitute
offended party or concerned government the direct examination of the
agency agree to the plea offered by the witnesses; and
accused, the court shall:
(h) To attach the Minutes and
(a) Issue an order which contains marked exhibits to the case record
the plea-bargaining arrived at; before the pre-trial proper. The
parties or their counsel must submit
(b) Proceed to receive evidence on to the branch clerk of court the
the civil aspect of the case, if any; names, addresses and contact
and numbers of the affiants.
PART V SUB-COMMITTEE ON
EVIDENCE THE RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
RULE 20
PRECAUTIONARY PRINCIPLE Chairperson
CHIEF JUSTICE REYNATO S. PUNO
Section 1. Applicability. - When there is a
lack of full scientific certainty in establishing Members
a causal link between human activity and
environmental effect, the court shall apply JUSTICE PRESBITERO J. VELASCO, JR.
the precautionary principle in resolving the
case before it. JUSTICE DIOSDADO M. PERALTA
JUSTICE LUCAS P. BERSAMIN
Secretary
ATTY. ABEGAIL T. SZE
Asst. Secretary
ATTY. FERMIN NESTOR A. GADRINAB
Secretariat
ATTY. MARIA CAMILLE G. LANTION