WRIT OF KALIKASAN
A is a legal remedy under Philippine law for persons
whose constitutional right to “a balanced and
healthful ecology” is violated by an unlawful act or
omission of a public official, employee, or private
individual or entity.
It draws its mandate from Article II Section 16 of the
1987 Constitution, which says that “The State shall
protect and advance the right of the people to a
balanced and healthful ecology in accord with the
rhythm and harmony of nature.”
In 2009, the Supreme Court held a forum on
environmental protection in Baguio City where
difficulties in the prosecution of ecology-related
crimes and the huge backlog pending in the courts
were identified as among the issues affecting the
implementation of environmental laws.
The high court then came out with the writ of
kalikasan the following year when it issued the rules
of procedure for environmental cases as a special
civil action to deal with environmental damage of
such magnitude that it threatens life, health or
property of inhabitants in two or more cities or
provinces.
Then Chief Justice Reynato Puno said that while the
writ of habeas corpus originated in England as a
legal recourse for those wrongly detained and the
writ of amparo came from Latin America to address
its own brush with human rights violations, the writ
of kalikasan is proudly Philippine-made to deal with
cases in the realm of ecology.
RULES OF PROCEDURE FOR ENVIRONMENTAL
CASES
(AM No. 09-6-8-SC)
Date of effectivity: April 29, 2010
In Oposa v. Factoran, the Constitution guarantees
the right of the people to a healthy environment as a
legally demandable and enforceable right “for it
concerns nothing less than self-preservation and
self-perpetuation.”
OBJECTIVES
 To protect and advance the constitutional
right of the people to a balanced and
healthful ecology;
 To provide simplified, speedy and
inexpensive procedure for the enforcement
of rights and duties
 To introduce and adopt innovations and best
practices ensuring effective enforcement
 To enable courts to monitor and exact
compliance with orders and judgements of
environmental cases
SALIENT FEATURES
 Liberalized standing
 Citizen’s suit
 Mediation
 Writ of Kalikasan
 Discovery measures
 Writ of mandamus
 Citizen’s arrest and seizure of items, tools
and conveyances in committing offenses
 Precautionary Principle
Part I
Rule 1: General Provisions
It applies to environmental cases arising from laws
that relate to conservation, development,
preservation, protection and utilization of the
environment and natural resources
It includes laws that are not environmental laws but
contains provisions related
It covers civil, criminal and special civil actions
involving enforcement or violations
The courts referred to are those designated as
special courts to try, hear and decide
DEFINITION OF TERMS
By-product or derivatives - any part taken, or
substance extracted from wildlife
Consent decree - judicially-approved settlement
between concerned parties based on public interest
and public policy to protect and preserve the
environment
Continuing mandamus - writ issued by a court in an
environmental case directing any agency or
instrumentality of the government or officer thereof
to perform an act; shall remain effective until
judgment is fully satisfied
Environmental Protection Order (EPO) - issued by
the court directing or enjoining any person or
government agency to perform or desist from
performing an act to protect, preserve or rehabilitate
the environment.
Mineral - all naturally occurring inorganic substance
in solid, gas, liquid, or any intermediate state
excluding energy materials such as coal, petroleum,
Fan & Zinampan | Page | 1
natural gas, radioactive materials and geothermal
energy
Precautionary principle - states that when human
activities may lead to threats of serious and
irreversible damage to the environment that is
scientifically plausible but uncertain, actions shall be
taken to avoid or diminish that threat.
Wildlife means wild forms and varieties of flora and
fauna, in all development stages including those
which are in captivity or are bred or propagated
Part II: Civil Procedure
Rule 2: Pleadings and Parties
Pleadings are written statement of respective claims
and defenses of the parties for appropriate action
Complaint – plaintiff’s cause/s of action; concise
statement of ultimate facts and reliefs prayed for
Answer – defending party sets forth his defenses
Counterclaim is any claim which a defending party
may have against an opposing party; not part of an
answer
Compulsory counterclaim – arise out of or in
connected with the transaction or occurrence
constituting the subject matter of the opposing
party’s claim and does not require for its adjudication
the presence of third parties of who the court cannot
acquire jurisdiction
Cross-claim – claim by one against a co-party arising
out of the transaction of occurrence that is the
subject matter either of the original action of of a
counterclaim therein.
Motion for Intervention – a person who has a legal
interest in the matter in litigation, or in the success of
either of the parties; may be filed any time before
judgement
PROHIBITED PLEADINGS OR MOTIONS
Aims to address the question of delay
 Motion to dismiss the complaint
 Motion for a bill of particulars
 Motion for extension of time to file pleadings,
except to file answers, the extension shall not
exceed 15 days
 Motion to declare defendant in default
 Reply and rejoinder
 Third party complaint
DOCUMENTARY EVIDENCE
Plaintiff is required to attach all evidence of the
cause of action, other documentary evidence and
object evidence
WHO MAY FILE
Real Party in Interest – party who stands to be
benefited; includes the government and juridical
entities which may be authorized by law to file civil
action
Filipino or an alien - can file suit so long as they are
able to show direct and personal injury.
Any Filipino citizen, as a steward of nature, may
bring a suit to enforce our environmental laws.
Citizen suit – any Filipino citizen in representation of
others, including minors or generations yet unborn
International Service for the Acquisition of Agri-
Biotech Applications, Inc. v. Greenpeace Southeast
Asia: The rule on standing is a matter of procedure
which can be relaxed for non-traditional plaintiffs
when matter is of transcendental importance, of
overreaching significant to society or of paramount
public interest.
Oposa v Factoran: 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.
In MMDA v Concerned Residents of Manila Bay, the
Court directed MMDA, DILG to require LGUs,
MWSS, and other agencies to fully implement its
Operational Plan for the Manila Bay Coastal
Strategy for the rehabilitation, restoration and
conservation of the Manila Bay.
MANDATORY SERVICE OF COMPLAINT
It is mandatory for plaintiff to notify the proper
agency of the government, particularly the DENR,
being the primary agency charged with the
enforcement of environmental laws.
The Office of the Solicitor General should also be
served with a copy to better ensure that public
interest is protected.
TEMPORARY ENVIRONMENTAL PROTECTION
ORDER
It integrates both prohibitive and mandatory reliefs;
issued by court directing any person or government
Fan & Zinampan | Page | 2
agency to perform or desist from performing an act;
available for both civil and criminal cases
-issued by executive judge of a multiple-sala court
before raffle or the presiding judge of a single-sala
court
-effective for only 72 hours from date of receipt by
party or person enjoined; but may be extended after
a summary hearing until termination of the case
TEMPORARY RESTRAINING ORDER,
PRELIMINARY INJUNCTION and PRELIMINARY
MANDATORY INJUNCTION
It is only the Supreme Court may issue against lawful
action of government agencies
-but courts could not be prevented from exercising
power to restrain or prohibit administrative acts
involving questions of law
In Hernandez v. National Power Commission, The
Court resolved the issue in favor of the issuance of
preliminary injunction because there is adequate
evidence that the NAPOCOR project imperils the
health and safety of petitioners
In Alvarez v. PICOP Resources, the Court held that
PD 605, PD 1818, and RA 8975 merely proscribe
issuance of TRO, PI and PMI. They cannot deprive
courts of authority to take cognizance of issues
raised in the principal action, if within their
jurisdiction.
Rule 3: Pre-Trial
It is a mandatory conference and personal
confrontation to simplify the case at early stage
-branch clerk of court shall issue a notice of pre-trial
to be held not later than one month from filing of last
pleading
PRE-TRIAL BRIEF
A statement of their willingness to enter into an
amicable settlement; documents or exhibits to be
presented; manifestation of their having availed of
discovery procedures of their intention themselves of
referral to a commissioner or panel of experts
MEDIATION
It is process whereby an impartial third persons
called a mediator facilitates communication and
negotiation between parties to assist them reach a
voluntary agreement.
-Mediator’s role is to guide the process so issues are
defined, relevant information is produced and
options for settlement are explored without loss of
time
CONSENT DECREE
It refers to a judicially-approved settlement between
parties based on public interest and policy to protect
and preserve environment.
-the judge shall exert best efforts to persuade parties
to arrive at a settlement of the dispute
-The judge may issue a consent decree approving
the agreement between parties
Rule 4: Trial
Continuous trial - does not necessarily mean day-to-
day basis. Emphasis is simply made on the period
within which the trial must be concluded
Affidavits are employed in lieu of direct examination
to obviate delays in procedure; focuses the inquiry
on the very merits of the controversy; presupposes
that the admissibility of the affidavits had already
been considered at the pretrial
1-Day Examination Rule – a witness must conclude
oral testimony in one day, but subjec5t to extension
for justifiable cause
Period to Try and Decide
One year from the filing of the complaint, may be
extended for justifiable cause
-parties may be required to submit their memoranda
in electronic form
Rule 5: Judgment and Execution
Relief in a Citizen Suit includes protection,
preservation or rehabilitation of the environment and
payment of attorney’s fees, cost of suit and other
expenses; no damages can be awarded. Only
recourse of a person who wished to recover
damages is to file a separate action
Rule 6: Strategic Lawsuit Against Public
Participation
A legal action filed to harass, vex, exert undue
pressure or stifle any legal recourse that any person,
institution or the government has taken or may take
in the enforcement of environmental laws, protection
of the environment or assertion of environmental
rights (Example: X files a complaint in an
environmental case against A, violator of
environmental laws. Then, A retaliates by filing a
complaint for damages against X.)
Fan & Zinampan | Page | 3
Part III: Special Civil Actions
Rule 7: Writ of Kalikasan
-an extraordinary remedy which may be issued
depending on the magnitude of the environmental
damage; such magnitude as to prejudice life, health
or property of inhabitant in two or more cities or
provinces, or which transcends political and
territorial boundaries
-to address potentially exponential nature of large-
scale ecological threats
-narrow but special purpose: to accord a stronger
protection for environmental rights
-may be filed by a natural or juridical person, entity
authorized by law, organization, or any public
interest whose constitutional right to a balanced and
healthful ecology is violated, or threatened; those
who may file must represent inhabitants prejudiced
by the damage
Requisites to Avail Extraordinary Remedy
1. Actual or threatened violation of the
constitutional right to a balanced and
healthful ecology;
2. Violation arises from an unlawful act or
omission of a public official or employee, or
private individual or entity; and
3. Involved or will lead to an environmental
damage of such magnitude as to prejudice
the life, health and property of inhabitants in
two or more cities or provinces.
Rule 7: Kalikasan Rule 65: Certiorari
Subject matter
Any form of abuse of Requires the abuse of
discretion as long as discretion to be “grave”
constitutes unlawful act
or omission involving
environment
Aggrieved party
Liberalized rule on Only the aggrieved
locus standi person
Respondent
May be private Only the government
individual or entity and its officers
Exemption from docket fees
Exempt Not exempt
Venue
Given the magnitude of Can be filed with RTC
damage, can be filed (exercising jurisdiction),
directly with the CA or CA and SC
SC. (to prune case
delay)
Exhaustion of administrative remedies
Does not apply Doctrine generally
applies
Period to file
Not subject to such An aggrieved party has
limiting timelines 60 days from notice of
judgement or denial of
motion for
reconsideration
Discovery means
With discovery No discovery measures
measures
CONTENTS OF THE PETITION
 Personal circumstances of petitioner
 Name and personal circumstances of
respondent
 Environmental law, rule or regulation violated
or threatened to be violated; act or omission
complained of; and environmental damage
 All relevant and material evidence
 Certification of petitioner under oath that: (1)
not commenced any action in any court; (2)
if the is such other pending actions, a
complete statement of its status; (3) if
petitioner should learn that the same or
similar action has been file or pending,
petitioner shall report to the court that fact
within 5 day therefrom.
 Reliefs prayed for (may include issuance of a
TEPO)
Petition must be verified – must attest that he has
read the pleading and that allegations are true; and
contains certification on non-forum shopping
-particular environment law, rule or regulation must
be specified
-unlike in ordinary civil actions, where only ultimate
facts are required to be alleged, this requires all
relevant and material evidence, scientific or expert
studies and object evidence, not only alleged, but
attached to it.
VENUE
If the magnitude of damage or threat affects
inhabitants of less than two cities or provinces, suit
may be filed with RTC; petitioner may ask EPO or
petition for writ of continuing mandamus
DOCKET FEES
-petitioner is exempt from payment of docket fees
ISSUANCE OF WRIT
If sufficient in form and substance, the court shall
issue an order within 3 days from filing of the petition:
Fan & Zinampan | Page | 4
(a) issuing the writ; and (b) requiring respondent to
file a verified return.
-may also include such reliefs that the court may
deem sufficient (like cease and desist order or
temporary relief)
SERVICE OF WRIT
-shall be served to the respondent personally or
through substituted service, if former cannot apply
FILING OF RETURN
-respondent’s verified return must be filed within a
non-extendible period of 10 days from service of the
writ
-it shall contain all defenses and affidavits of
witnesses, documentary evidence, scientific or other
expert studies, and object evidence supporting the
defense
-failure to include specific denial of the allegations
shall be considered an admission thereof
PROHIBITED PLEADINGS OR MOTIONS
Prohibited to expedite the hearing of the petition
 Motion to dismiss
 Motion for extension of time to file return
 Motion for postponement
 Motion for a bill of particulars
 Counterclaim of cross-claim
 Third-party complaint
 Reply
 Motion to declare respondent in default
PRELIMINARY CONFERENCE AND HEARING
-takes the place of trial
-limited period of hearing (including preliminary
conference) to 60 days and mandate that the same
should be given the same priority as petitions for the
writs of habeas corpus, amparo and habeas data.
DISCOVERY MEASURES
-available to parties; though invasive, the court may
prescribe conditions in its order granting such
measures to safeguard constitutional rights
-a party may file a verified motion for the following
reliefs: (a) ocular inspection and (b) production of
inspection of documents or things
-the motion for ocular inspection must state that is
necessary for the establishment of the magnitude of
violation or the threat thereof
-if motion is substantiated, the court may order any
person in possession or control of designated land
or other property to permit entry for inspecting or
photographing
Paje v Casino: The RPEC liberally provide courts
with means and methods to obtain sufficient
information in order to adequately protect and
safeguard the right to a healthful and balanced
ecology.
CONTEMPT
-any person who refuses or unduly delays the filing
of a return, or makes a false return, or any person
who disobeys or resists a lawful process or order of
the court
SUBMISSION OF MEMORANDA
-the court may require filing of memoranda within a
non-extendible period of 30 days from date petition
is submitted for decision
-may be filed in electronic form in order to hasten the
resolution of petition
JUDGEMENT
-period of 60 days from date the petition is submitted
for decision to render judgement
-due to number of inhabitants, it is prohibited to
award personal damages; however, under Section
17 allows the filing of separate civil, criminal, or
administrative action
RELIEF
-under a writ of kalikasan, reliefs are non-exhaustive.
The reliefs that may be granted are broad,
comprehensive and non-exclusive. But the scope of
the writ is not limitless
In West Tower Condominium v. First Philippine
Industrial Corporation, Petitioners alleged that the
continuous use of pipeline would not only be hazard
or a threat to the lives, health and property but also
affect the rights of the generations yet unborn to live
in a balanced and healthful ecology. To allow the
continuous operation would be a violation of Clean
Water Act, Clean Air Act, and Philippine
Environmental Code. Hence, the Court ordered
cease and desist from operation leaking pipeline.
In Paje v. Casino, the Court denied the petition on
the ground that respondents failed to substantiate
their claims that construction and operation of coal-
fired thermal power plant will cause environmental
damage.
APPEAL
Within fifteen (15) days from the date of notice of the
adverse judgment or denial of motion for
Fan & Zinampan | Page | 5
reconsideration, any party may appeal to the
Supreme Court under Rule 45 of the Rules of Court.
The appeal may raise question of fact.
INSTITUTION OF SEPARATE ACTIONS
The filing of a petition for the issuance of the writ of
kalikasan shall not preclude the filing of separate
civil, criminal, or administrative actions.
Rule 8: Writ of Continuing Mandamus
PETITION FOR CONTINUING MANDAMUS
Function of mandamus: employed to compel
performance, when refused of a ministerial duty, this
being its chief use and not a discretionary duty.
Mandamus is set in motion and to compel action and
to command the doing of what ought to be done and
not to undo what has been done.
WRIT OF CONTINUING MANDAMUS: To compel
the performance of an act specifically enjoined by
law. Permits the court to retain jurisdiction after
judgment in order to ensure the successful
implementation of the reliefs mandated by the
court’s decision.
(1) DENR to fully implement its operational plan
(2) DILG to inspect all factories, commercial
establishments, and private homes along the banks
(3) MWSS to provide necessary adequate water
treatment facilities
(4) LWUA to provide sewage and sanitation facilities
(5) BFAR to improve and restore marine life
(6) PCG to apprehend violators of PD No. 979, RA
No. 8550 and other existing laws
(7) PPA to adopt measures to prevent the discharge
and dumping of solid and liquid wastes and other
ship-generated wastes
(8) MMDA to dismantle and remove structures
established in violation of RA No. 7279 and 9003
within a period of 1 year from finality of the Court’s
decision
(9) DOH to determine if all licensed septic and
sludge companies have proper facilities
(10) DepEd to integrate lessons on pollution
prevention
(11) DBM to consider incorporating an adequate
budget
(12) Heads of petitioner-agencies to each submit a
quarterly progressive report

Filed before the RTC exercising territorial jurisdiction Differences between writ of continuing mandamus
or with the CA or the SC. Petitioner exempt from and writ of Kalikasan
payment of docket fees.
Writ of Continuing Writ of Kalikasan
PROCEEDINGS AFTER COMMENT IS FILED Mandamus
After comment is filed or the time for filing thereof As to subject matter
has expired, court may hear the case which shall be Directed against: Available against an
summary in nature or require the parties to submit a unlawful act or omission
memoranda. The petition shall be resolved without (a) Unlawful neglect in of a public official or
delay within sixty days from the date of the the performance of an employee or private
submission of the petition for resolution. act which the law individual or entity
specifically enjoins as a involving environmental
RENDITION OF JUDGMENT duty resulting from an damage of such
The court if warranted, shall grant the privilege of the office or violation of magnitude as to
writ of continuing mandamus requiring the environmental law; or prejudice life, health or
respondent to perform an act or series of acts until (b) Unlawful exclusion property of inhabitants
the judgment is fully satisfied. of another from the use in two or more cities or
or enjoyment of such provinces.
In the case of MMDA vs. Concerned Residents of right
Manila Bay: The group filed a complaint against (Magnitude of
MMDA and other government agencies for the environmental damage
rehabilitation of Manila Bay. Court affirmed the is a condition sine qua
judgement of the trial court ordering MMDA and non and must be
other government agencies jointly and solidarily to specified)
clean up Manila Bay and restore its waters to SB Who may file
classification to make it fit for swimming and other Available only to one Available to a broad
forms of contact recreation. Justice Velasco as who is personally range of persons such
ponente, directed petitioners as follows: aggrieved by the as natural or juridical
person, entity
Fan & Zinampan | Page | 6
 unlawful act or authorized by law on
omission. behalf of persons
whose right to a
balanced and healthful
ecology is violated or
threatened to be
violated.
As to respondent
Only the government or May be private
its officers. individual or entity.
As to exemption from docket fees
Exempted Exempted
Venue
(a) RTC exercising Only filed in the SC or
territorial jurisdiction; any stations of the CA
(b) CA; or in Manila, Cebu, or
(c) SC Cagayan de Oro City.
As to Discovery Measures
Does not contain any. Incorporates the
procedural
environmental right of
access to information
through the use of
discovery measures
such as ocular
inspection order and
production order.
As to damages for personal injury
Allows the payment of Does not allow
damages for malicious payment of damages
neglect of performance consistent with the
of the legal duty of the public-interest
respondent. character of the
petition.
A party who avails of
this petition may file
another suit for the
recovery of damages
since the Rule on the
Writ of Kalikasan allows
the institution of
separate actions.
Criminal Procedure:
Rule 9: Prosecution of Offenses
WHO MAY FILE
Any offended party, peace officer, or any public
officer charged with the enforcement of an
environmental law may file before the proper officer.
OFFENSES UNDER REVISED FORESTRY CODE
(PD No. 705): Provides for criminal offenses and
penalties as well as custody and disposition of
seized items under Section 77 and 77-A: It punishes
2 distinct and separate offenses: (1) Cutting,
gathering, collecting and removing timber or other
forest products from any forest land, or timber from
alienable or disposable public land or from private
land without authority; and (2) possession of timber
or other forest products without legal documents.
OFFENSES UNDER MINING ACT (RA No. 7942):
Illegally sourced minerals/mineral products are
those which are minded, extracted, removed and/or
disposed without authority or permit. Transport of
such without permit documents (like ore transport
permits) shall be considered prima facie evidence
of illegal mining.
OFFENSES UNDER FISHERIES CODE (RA No.
8550): Poaching in Philippine waters, fishing through
explosives, noxious or poisonous substances and/or
electricity, use of fine mesh net, use of active gear in
municipal waters and other fishery management
areas, ban coral exploitation and exportation,
conversion of mangroves fishing in overfished areas
during closed season, fishing in fishery reserves,
refuge and sanctuaries and others.
OFFENSES UNDER WATER CODE (PD No. 1067):
Appropriation of subterranean or ground water for
domestic use by an overlaying landowner without
registration required by the Council or failure to
comply with any terms or conditions in a water permit
or water rights grant.
FILING OF INFORMATION
Filing of information initiates the criminal action:
Preliminary investigation by the fiscal for the purpose
of determining whether a prima facie case exists
warranting the prosecution of the accused is
terminated upon the filing of the information in the
proper court. Once filed, any disposition of the case
rests in the sound discretion of the court.
SPECIAL PROSECUTOR
Recognizes the possibility of intervention from a
special prosecutor even in the absence of a private
offended party. Applies to those instances of
victimless offenses where there is no private
offended party who has a direct or material interest
to prosecute a criminal action (like dynamite fishing,
illegal logging, etc.)
Rule 10: Prosecution of Civil Actions
When a criminal action is instituted, the civil action
for the recovery of civil liability arising from the
Fan & Zinampan | Page | 7
offense charged shall be deemed instituted with the
criminal action unless the complainant waives the
civil action prior to the criminal action.
AWARD FOR DAMAGES
In case civil liability is imposed or damages are
awarded, filing and other legal fees shall be imposed
on said award and the fees shall constitute a first
lien on the judgement award. Damages awarded
where there is no private offended party, less the
filing fees, shall accrue to the funds of the agency
charged with the implementation of the
environmental law violated. Award shall be used to
restore and rehabilitate the environment affected.
Rule 11: Arrest
UNDER THE REVISED FORESTRY CODE
Forest officer may commence a prosecution for the
violation of the Revised Forestry Code. The first
authorizes a forest officer or employee of the Bureau
of Forestry to arrest without a warrant, any person
who has committed or is committing, in his presence
any offenses described in the decree. The second
covers a situation when an offense described in the
decree is not committed in the presence of the forest
officer or employee, but the commission is brought
to his attention by a report or complaint. In both
instances the forest officer or employee shall
investigate the offender and file a complaint with the
appropriate official authorized by law.
UNDER THE MINING ACT
Absence of relevant documents shall be considered
prima facie evidence of illegal mining and shall
cause the confiscation/seizure of the
minerals/mineral products and the tools and
equipment including conveyance used in the
commission of the offense in favor of the
government subject to further investigation.
WARRANTLESS SEARCH AND SEIZURE OF
FISHING VESSELS
In Roldan vs. Arca, the Court held that for violations
of the customs laws have been traditional exception
to the constitutional requirement of a search warrant,
the same exception should apply to seizures of
fishing vessels breaching fishery laws.
Rule 12: Custody and Disposition of Seized
Items, Equipment, Paraphernalia, Conveyances,
and Instruments
UNDER THE REVISED FORESTRY CODE
Arresting forest officer or employee shall seize and
confiscate in favor of the government the tools and
equipment used in committing the offense, forest
products cut, gathered, or taken by the offender in
the process of committing the offense. He shall
deliver within 6 hours from the time of arrest and
seizure the offender and confiscated forest products,
tools and equipment and file the proper complaint
with the appropriate official designated by law to
conduct preliminary investigations and file the
corresponding information in court or within a
reasonable time if far from the authorities.
UNDER THE MINING ACT
(a) In case of apprehension by the Bureau field
officer, the mineral products, tools, equipment and
conveyance used shall be deposited with the
Regional Office concerned or wherever it is most
convenient for safekeeping.
(b) In case of apprehension by the PNP, Economic
Intelligence and Investigation Bureau (EIIB), Coast
Guard, and other government law enforcement
agencies, they shall notify the Regional Office
concerned and turn over the seized items thereto for
proper investigation and disposition; and
(c) For confiscated gold and/or other precious
metals, the Regional Office concerned shall first
determine if they conform with the Bangko Sentral
ng Pilipinas specifications or requirements for
acceptance.
UNDER THE FISHERIES CODE
Every penalty imposed shall carry with it the
forfeiture of the proceeds of such offense and
instruments or tools with which it was committed and
shall be in favor of the government unless they be
the property of a third person not liable for the
offense but those articles which are not subject of
lawful commerce shall be destroyed.
Rule 13: Provisional Remedies
ATTACHMENT
The offended party may have the property of the
accused attached as security for the satisfaction of
any judgment that may be recovered from the
accused in the following cases:
(a) When the accused is about to abscond from the
Philippines;
(b) Wen the criminal action is based on a claim for
money or property embezzled or fraudulently
misapplied or converted to the use of the accused
Fan & Zinampan | Page | 8
who is a public officer, officer of a corporation,
attorney, factor, broker, agent or clerk, in the course
of his employment as such, or by any other person
in a fiduciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or
disposed of his property, or is about to do so; and
(d) When the accused resides outside the
Philippines.
ENVIRONMENTALPROTECTION ORER (EPO);
TEMPORARY ENVIRONMENTAL PROTECTION
ORDER (TEPO) IN CRIMINAL CASES
A recognition of the fact that criminal cases, although
principally for the prosecution of individuals for
criminal liability, may have considerable impact on
the environment, thus necessitating judicial
intervention.
Rule 14: Bail
BAIL
Security given for the release of a person in custody
of the law, furnished by him or a bondsman, to
guarantee his appearance before any court.
Rule 15: Arraignment and Plea
ARRAIGNMENT, NOTICE
A key innovation empowering the judge to enter a
plea of not guilty on behalf of the accused who
has granted bail but did not appear during the
arraignment. Notice to the concerned government
agency is given to permit its intervention in plea-
bargaining consistent with public interest.
PLEA-BARGAINING
A process in criminal cases whereby the accused
and the prosecution work out mutually satisfactory
disposition of the case subject to court approval.
Rule 16: Pre-Trial
PRE-TRIAL CONFERENCE
It is a device to limit issues and avoid unnecessary
delays and surprises. It is for the simplification of
issues and the consideration of all matters which
may aid in the prompt disposition of action.
PRE-TRIAL ORDER
Court shall issue a pre-trial order within 10 days after
the termination of the pre-trial setting forth the
actions during the pre-trial conference, facts
stipulated, admissions made, evidence marked,
number of witnesses to be presented and schedule
of trial. Order shall bind the parties and control the
course of the action during the trial.
Rule 17: Trial
REQUIREMENT OF CONTINUOUS TRIAL
Continuous trial for a period not exceeding 3 months
from the date of issuance of the pre-trial order
consistent with the objective for a speedy disposition
of the case within a period of 10 months from the
date of arraignment.
PRO BONO LAWYERS
The Integrated Bar of the Philippines to provide pro
bono lawyers for an indigent accused. As a means
of addressing the common issue of lack of funds in
access to justice, the Rules allow the deferment of
filing fees.
SUBSIDIARY LIABILITY IN CASE OF
CONVICTION
In the case of Philippine Rabbit Bus Lines vs. Court
of Appeals, in environmental cases, in order to
facilitate recovery of damages and other relief from
persons subsidiary liable in case of insolvency of the
accused was ordered by the court.
Rule 19: Strategic Lawsuit Against Public
Participation in Criminal Cases
SLAAP
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
government agency has taken or may take in the
enforcement of environmental rights.
It may also be used as a defense in environmental
cases when a person, institution or government
agency has taken or may take any legal recourse for
the (a) enforcement of environmental laws; (b)
protection of the environment; or (c) assertion of
environmental rights.
SUMMARY HEARING
Parties must submit all evidence in support of their
respective positions. Party seeking dismissal of the
case must prove by substantial evidence that his
acts for the enforcement of environmental law is a
legitimate action for the protection, preservation and
rehabilitation of the environment. Party filing the
action shall provide preponderance of evidence that
action is not a SLAPP.
Fan & Zinampan | Page | 9
 (2) Any person who was present when the
RESOLUTION photograph, video or similar evidence was taken; or
Court shall grant the motion if the accused (3) Any person competent to testify on the accuracy
establishes in summary hearing that the criminal of the photograph, video or similar evidence.
case has been filed with intent to harass, vex, etc. If
the court denies the motion, the court shall Rule 22: Final Provisions
immediately proceed with the arraignment of the APPLICATION OF RULES OF COURT
accused. Rules of Court shall apply in a suppletory manner
except as otherwise provided herein.
Part V: Evidence
Rule 20: Precautionary Principle
PRECAUTIONARY PRINCIPLE
When there is lack of scientific certainty in
establishing a casual-link between human activity
and environmental effect, the court shall apply the
precautionary principle in resolving cases before it.
Constitutional right of people to a balanced and
healthful ecology shall be given benefit of the doubt.
Rules acknowledge the peculiar circumstances in
environmental cases in that scientific evidence is
usually inconclusive.

FACTORS TO CONSIDER IN APPLYING THE

PRINCIPLE
(1) threats to human life or health;
(2) inequity to present or future generations; or
(3) prejudice to the environment without legal
consideration of the environmental rights of those
affected.

The principle should be treated as a principle of last

resort where application of regular rules of evidence
would cause in an inequitable result for the
environment plaintiff:
(a) settings in which the risks harm are uncertain; (b)
settings in which harm might be irreversible and
what is lost is irreplaceable; and
(c) settings in which the harm that might result would
be serious. When in doubt, cases must be resolved
in favor the constitutional right to a balanced and
healthful ecology.
Rule 21: Documentary Evidence
PHOTOGRAPHIC, VIDEO AND SIMILAR
EVIDENCE
Rules aim to address the current problems in
gathering and preservation of evidence by allowing
in evidence photographs, videos and similar
evidence of events, acts, transactions of wildlife,
wildlife by-products or derivatives, forest products or
mineral resources subject of a case. Presentation of
evidence shall be admitted provided that it is
authenticated by the following persons:

(1) Person who took the photograph; or

Fan & Zinampan | Page | 10