Professional Documents
Culture Documents
holds that an independent judiciary and judicial process is vital for the implementation, development and enforcement of environmental law
Environmental Justice
two objectives first, to ensure the rights and duties regarding utilization of natural resources are fairly distributed among communities whether global or domestic; and second, to reduce the amount of environmental damage domestically and globally.
OBJECTIVES
Protect and advance the constitutional right of the people to a balanced and healthful ecology; Provide a simple, speedy and inexpensive procedure for the enforcement of environmental rights and duties; Introduce and adopt innovations and best practices ensuring effective enforcement of remedies and redress for violations of environmental laws; and, Enable courts to monitor and exact compliance with orders and judgments in environmental cases (sec.3 Rule 1)
Exhaustion of administrative remedies where a person is expected to have a problem resolved first by GOVERNMENT AGENCIES (e.g., DENR, DAR) before filing a case in court.
where in disputes involving questions of fact, or matters requiring application of technological knowledge and experience are raised (e.g., quality of gold, how much nickel, what kind of tree), resort must first be made to GOVERNMENT AGENCIES, who are considered experts.
EXCEPTIONS
when there is a violation of due process; when the issue involved is purely a legal question; when the administrative action is patently illegal amounting to lack or excess of jurisdiction; when there is estoppel on the part of the administrative agency concerned; when there is irreparable injury;
EXCEPTIONS
when the respondent is a department secretary whose act as an alter ego of the President bears the implied and assumed approval of the latter; when to require exhaustion of administrative remedies would be unreasonable; when it would amount to a nullification of a claim; when the subject matter is a private land in land case proceedings; when the rule does not provide a plain, speedy and adequate remedy; and when there are circumstances indicating the urgency of judicial intervention.
Through a citizens suit, direct injury to a petitioner or complainant is no longer required for purposes of filing a case. Any Filipino citizen whether an individual or a corporation in representation of others, including minors or generations yet unborn, may file action to enforce rights or obligations under environmental laws (sec.5 Rule 2)
Payment of filing and other legal fees is deferred or is no longer required on the day of filing, but, is postponed until judgment. This rule is in addition to the rule on indigent litigants, who are exempt from paying filing and other legal fees (sec.12 Rule 2)
Payment of bond is not required for application for a Temporary Environmental Protection Order (TEPO) (sec.8 Rule 2)
The following pleadings or motions shall not be allowed: (a) Motion to dismiss the complaint; (b) Motion for a bill of particulars; (c) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed fifteen (15) days; (d) Motion to declare the defendant in default; (e) Reply and rejoinder; and (f) Third party complaint. (sec.1 Rule 2)
The pre-trial stage is maximized, where possibility of settlement is explored, issues simplified, and the evidence procured through depositions, and properly identified and marked
(Rule 3)
A consent decree is a judicially-approved settlement between the parties based on public interest and public policy to protect and preserve the environment. The Supreme Court explains that this is a mode of settlement that gives emphasis to the public interest aspect in environmental cases and encourages the parties to expedite the resolution of litigation (sec.4(b) Rule 1 &
sec.5 Rule 3)
Direct examination is made through affidavits; the long process of question and answer in court is no longer required (sec.3 Rule 2)
Examination of witness should be completed in one (1) day only (sec.3 Rule 4)
The court has only one (1)-year to try and decide the civil case. The judge must file a petition with the Supreme Court to ask for extension (sec.5 Rule 4)
Allows a memorandum to be submitted in electronic form (e.g., through e-mail) within a non-extendible period
Decisions directing the performance of acts for the protection, preservation or rehabilitation of the environmental must be immediately implemented even if an appeal is filed, unless, the appeals court stops the implementation (sec.2
Rule 5)
Short period to dispose of the criminal case i.e., ten (10) months from date of arraignment (sec.4 Rule 17)
Before the judge grants bail application, the accused is required to sign a document stating that s/he promises to attend the arraignment (and whenever required by the court), and should s/he fail to do so, the judge is authorized to enter a plea of not guilty on behalf of the accused, and to proceed to trial (sec.2 Rule 14)
CUSTODY AND DISPOSITION OF SEIZED ITEMS The rules of relevant government agencies shall apply, generally. When there is no such rule, Sec. 2, Rule 12 of the Rules of Procedure for Environmental Cases shall apply.
REMEDIES
The court may also lift the TEPO anytime if called for by circumstances. (sec.8 & 11 Rule 2)
WRIT OF KALIKASAN
An extraordinary legal remedy introduced in the Rules of Procedure for Environmental Cases, which may be filed with the Supreme Court and the Court of Appeals only, by persons, on behalf of others, whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two (2) or more cities or provinces (sec.
1 Rule 7)
The petition shall be filed with the Supreme Court, or any station of the Court of Appeals only. (sec. 3 Rule 7)
The petitioner does not pay docket or filing fees for the petition for writ of kalikasan (sec.4 Rule 7)
FOR all respondents to MONITOR STRICT COMPLIANCE with decision and court orders Direct all respondents to write PERIODIC REPORTS regarding execution of the final judgment OTHER RELIEFS relating to right of people to a balanced and healthful ecology or to protection, preservation, rehabilitation or restoration of the environment
This writ allows the court to retain authority even after judgment is issued in an environmental case, in order to ensure the successful implementation of the reliefs granted in the decision. One of these reliefs that the court may order is to compel the submission of compliance reports from the respondent government agency. The court may order other means to monitor compliance with its decision.
There is no filing fees required; petitioner is exempt from the payment of docket fees (sec.3 Rule
8)
PRECAUTIONARY PRINCIPLE
The 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. (sec.3(f) Rule 1)
A SLAPP is a case filed to harass, vex, exert undue pressure or stifle any legal recourse that a 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. A SLAPP is covered by the Rules of Procedure for Environmental Cases. (sec.1 Rule 6)