RESOLVING

ENVIRONMENTAL ISSUES

RESOLVING
ENVIRONMENTAL ISSUES

1. Rules of Procedure for Environmental Cases, A.M.

No. 09-6-8-SC, April 13, 2010
2. Doctrine of exhaustion of administrative remedies
Exceptions:
(1) Universal Robina Corporation v. LLDA, G.R. No.
191427, May 30,
2011
(2) Republic v. Lacap, GR No. 158253, March 2,
2007, 517 SCRA 255

RULES OF PROCEDURE FOR

ENVIRONMENTAL CASES (A.M. NO. 09-6-8SC)
HIGHLIGHTS:
1. Citizen suits
2. Consent decree
3. Environmental Protection Order (EPO)
4. Writ of Kalikasan
5. Writ of Continuing Mandamus
6. Strategic Lawsuits Against Public
Participation (SLAPP)
7. Precautionary Principle

CITIZEN SUITS

- Liberalizes standing to sue

for all cases filed enforcing
environmental laws.
- Deferred payment of filing
fees

CONSENT DECREE

Allows for a compromise

agreement between two
parties in environmental
litigation over issues that
would normally be litigated
in court, and other matters

ENVIRONMENTAL
PROTECTION ORDER (EPO)

An order issued by the court

directing or enjoining any
person or government
agency to perform or desist
from performing an act in
order to protect, preserve or
rehabilitate the environment

WRIT OF KALIKASAN

Available to a natural or juridical

person, entity authorized by law,
PO, NGO or any public interest
group accredited by or registered
with any government agency
Filed on behalf of persons 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 or more cities
or provinces.

WRIT OF CONTINUING
MANDAMUS

to compel the performance

of an act specifically
enjoined by law.

STRATEGIC LAWSUIT AGAINST

PUBLIC PARTICIPATION (SLAPP)

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.

PRECAUTIONARY PRINCIPLE

Where scientific certainty in

factual findings cannot be
achieved, the court may
construe a set of facts as
warranting either judicial
action or inaction, with the
goal of preserving and
protecting the environment.

SOME IMPORTANT PROVISIONS

ON CRIMINAL PROCEDURE

Bail - available to the

accused from any court,
within and outside the
jurisdiction of the court
which had issued the
warrant of arrest

Arraignment and Trial

in absentia - execution of
an undertaking by the
accused and counsel,
empowering the judge to
enter a plea of not guilty,
in the event the accused
fails to appear at the
arraignment. This
authorization permits the
court to try the case in
absentia

RULES OF PROCEDURE FOR

ENVIRONMENTAL CASES (A.M. NO.
09-6-8-SC)
Objectives:
(a) To protect right to a balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive
procedure for the enforcement of environmental rights (c)
To introduce innovations and best practices ensuring
effective enforcement of environmental laws; and
(d) To enable courts to monitor and exact compliance
with orders and judgments in environmental cases.

RULES OF PROCEDURE FOR

ENVIRONMENTAL CASES (A.M. NO.
09-6-8-SC)
The Rules govern the procedure in civil, criminal and
special civil actions before the Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts and Municipal Circuit
Trial Courts involving enforcement or violations of
major environmental and other related laws.

STANDING TO SUE

STANDING TO SUE

Any real party 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.
For CITIZEN SUITS, any Filipino
citizen in representation of others,
including minors or generations yet
unborn, may file an action to enforce
rights or obligations under
environmental laws.

INSTITUTING ACTIONS

Civil actions can be instituted by filing a VERIFIED

COMPLAINT, which shall contain:
Names of the parties,
Addresses of the parties,
Cause of action and
Reliefs prayed for.
+ affidavits of witnesses (in Q&A form)
+ documentary evidence
+ (if possible) object evidence
+ statement that it is an environmental case, law involved
+certification against forum shopping
+ proof of service of copy of complaint to the government or
appropriate agency

IMPORTANT THINGS TO REMEMBER WHEN FILING A

VERIFIED COMPLAINT

The affidavits shall be in question and answer form

and shall comply with the rules of admissibility of
evidence.
The complaint shall state that it is an environmental
case and the law involved. If the complaint is not an
environmental complaint, the presiding judge shall refer
it to the executive judge for re-raffle.

PAYMENT OF FILING AND

OTHER LEGAL FEES

Shall be deferred until after judgment unless

the plaintiff is allowed to litigate as an indigent.
It shall constitute a first lien on the judgment
award.

For a citizen suit, the court shall defer the

payment of filing and other legal fees that shall
serve as first lien on the judgment award.

WHAT HAPPENS AFTER IF IT IS A CITIZEN SUIT?

Upon the filing of a citizen suit, the court shall issue an

order which shall contain:
a brief description of the cause of action and
the reliefs prayed for, requiring all interested parties to manifest
their interest to intervene in the case within fifteen (15) days 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.
Citizen suits filed under R.A. No. 8749 and R.A. No. 9003
shall be governed by their respective provisions.

ALLOWED PLEADINGS AND MOTIONS

Complaint;
Answer;
Compulsory counterclaim;
Cross-claim;
Motion for intervention;
Motion for discovery; and
motion for reconsideration of the judgment.

PROHIBITED PLEADINGS AND MOTIONS

Motion to dismiss the complaint;

Motion for a bill of particulars;
Motion for extension of time to file pleadings,
except to file answer, the extension not to 15
days;
Motion to declare the defendant in default;
Reply and rejoinder; and
Third party complaint.

CASES

1. Didipio Earthsavers Multipurpose Assoc., Inc. v.

Environmental Secretary, GR No. 157882, 30 March 2006
2. Shell Phils Exploration v. Efren Jalos, et al, GR No.
179918, 8 Sept 2010
3. Social Justice Society, et al v. Chevron Phils, et al, GR No.
156052, 7 March 2009
4. Francisco Chavez v. NHA, et al, GR No. 164527, 15 Aug
2007
5. Pacific Steam Laundry v. LLDA, GR No. 165299, 18 Dec
2009
6. Hilario Henares, et al v. LTFRB, et al, GR No. 158290, 23
Aug 2006
7. MMDA, et al v. Residents of Manila Bay, GR Nos 17194748, 18 Dec 2008

DIDIPIO EARTHSAVERS MULTIPURPOSE ASSOC., INC. V. ENVIRONMENTAL

SECRETARY, GR NO. 157882, 30 MARCH 2006

A person with legal standing is a real party in interest who sustained or will
sustain direct injury as a result of the governmental act that is being challenged.
The third requisite to the power of judicial review is legal standing or locus
standi. It is defined as a personal or substantial interest in the case such that
the party has sustained or will sustain direct injury as a result of the
governmental act that is being challenged, alleging more than a generalized
grievance.8 The gist of the question of standing is whether a party alleges "such
personal stake in the outcome of the controversy as to assure that concrete
adverseness which sharpens the presentation of issues upon which the court
depends for illumination of difficult constitutional questions."9 Unless a person
is injuriously affected in any of his constitutional rights by the operation of
statute or ordinance, he has no standing.10
In the instant case, there exists a live controversy involving a clash of legal
rights as Rep. Act No. 7942 has been enacted, DAO 96-40 has been approved
and an FTAAs have been entered into. The FTAA holders have already been
operating in various provinces of the country. Among them is CAMC which
operates in the provinces of Nueva Vizcaya and Quirino where numerous
individuals including the petitioners are imperiled of being ousted from their
landholdings in view of the CAMC FTAA

DIDIPIO EARTHSAVERS MULTIPURPOSE ASSOC., INC. V. ENVIRONMENTAL

SECRETARY, GR NO. 157882, 30 MARCH 2006

Petitioners embrace various segments of the society. These include Didipio

Earth-Savers Multi-Purpose Association, Inc., an organization of farmers and
indigenous peoples organized under Philippine laws, representing a community
actually affected by the mining activities of CAMC, as well as other residents of
areas affected by the mining activities of CAMC. These petitioners have the
standing to raise the constitutionality of the questioned FTAA as they allege a
personal and substantial injury.14 They assert that they are affected by the
mining activities of CAMC. Likewise, they are under imminent threat of being
displaced from their landholdings as a result of the implementation of the
questioned FTAA. They thus meet the appropriate case requirement as they
assert an interest adverse to that of respondents who, on the other hand, claim
the validity of the assailed statute and the FTAA of CAMC.
Besides, the transcendental importance of the issues raised and the magnitude
of the public interest involved will have a bearing on the countrys economy
which is to a greater extent dependent upon the mining industry. Also affected
by the resolution of this case are the proprietary rights of numerous residents
in the mining contract areas as well as the social existence of indigenous
peoples which are threatened. Based on these considerations, this Court deems
it proper to take cognizance of the instant petition.

SHELL PHILS EXPLORATION V. EFREN JALOS, ET AL, GR NO. 179918, 8 SEPT 2010

Legal standing for tort arising from an environmental nuisance.

Petitioner Shell alleged that the complaint failed to state a cause of action
since it did not specify any actionable wrong or particular act or omission on
Shells part that could have caused the alleged injury to Jalos, et al.
The construction and operation of the pipeline may, in itself, be a wrongful
act that could be the basis of Jalos, et als cause of action. The rules do not
require that the complaint establish in detail the causal link between the
construction and operation of the pipeline, on the one hand, and the fish
decline and loss of income, on the other hand, it being sufficient that the
complaint states the ultimate facts on which it bases its claim for relief. The
test for determining the sufficiency of a cause of action rests on whether the
complaint alleges facts which, if true, would justify the relief demanded. In
this case, a valid judgment for damages can be made in favor of Jalos, et al, if
the construction and operation of the pipeline indeed caused fish decline and
eventually led to the fishermens loss of income, as alleged in the complaint.

SOCIAL JUSTICE SOCIETY, ET AL V. CHEVRON PHILS, ET AL, GR NO. 156052, 7

MARCH 2009

Legal standing for a public action as a member of a class

FRANCISCO CHAVEZ V. NHA, ET AL, GR NO. 164527, 15 AUG 2007

Legal standing as a taxpayer

PACIFIC STEAM LAUNDRY V. LLDA, GR NO. 165299, 18 DEC 2009

Legal standing as a representative of a public agency who

has been personally and directly aggrieved by an
environmental harm

HILARIO HENARES, ET AL V. LTFRB, ET AL, GR NO. 158290, 23 AUG 2006

Legal standing based on right to clean air

MMDA, ET AL V. RESIDENTS OF MANILA BAY, GR NOS 171947-48, 18 DEC 2008

Legal standing based on right to clean water

KILOSBAYAN V. EXECUTIVE SECRETARY, GR NO. 101083, 30 JULY 1993

Rationale of legal standing Principle of separation of

power

WRIT OF KALIKASAN

Filed on behalf of persons 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 or
more cities or provinces.

WHERE TO FILE THE WRIT?

The petition shall be filed with the Supreme

Court or with any of the stations of the Court of
Appeals.

SALIENT FEATURES OF THE WRIT

The petitioner shall be exempt from the payment of docket

fees.
Within three (3) days from the date of filing of the petition,
if the petition is sufficient in form and substance, the court
shall give an order: (a) issuing the writ; and (b) requiring
the respondent to file a verified return within 10 days.
The clerk of court shall forthwith issue the writ under the
seal of the court including the issuance of a cease and
desist order and other temporary reliefs effective until
further order.

THE PHILIPPINES WRIT OF KALIKASAN

A Petition for Mandamus in the

Nature of a Writ of Kalikasan, April
21, 2010
It seeks a continuing mandamus to compel
the national government to carry out an
ignored law requiring the construction of
rainwater collection systems in every
community, as an adaptation measure to
deal with the recurrent cycles of floods and
droughts which are believed to be
increasing due to climate change

SC ISSUES 1ST WRIT OF

KALISASAN

The Supreme Court (SC)

issued on 90 nov 2010 an
environmental protection
order, stopping the First
Philippine Industrial
Corporation (FPIC) from
opening its 117-kilometer gas
pipeline. +A

CASES ON WRIT OF KALIKASAN

AND CONTINUING MANDAMUS

1. MMDA vs. Concerned Residents of Manila Bay, GR

Nos. 171947-48, December 18, 2008
2. Hernandez vs. NAPOCOR, GR No. 145328, March
23, 2006
3. Boracay Foundation, Inc. vs. Province of Aklan, GR
No. 196870, June 26, 2012

ISSUANCE OF EX PARTE TEPO BY EXECUTIVE JUDGE

If it appears from the verified complaint with a prayer for

EPO, the matter is: (a) of extreme urgency and (b) the
applicant will suffer grave injustice and irreparable
injury, an ex parte TEPO effective for only 72 hours
from date of the receipt of the TEPO by the party or
person enjoined.
The applicant shall be exempted from the posting of a
bond for the issuance of a TEPO.

ISSUANCE OF EX PARTE TEPO BY EXECUTIVE JUDGE

Within 72 hours, the court where the case is assigned,

shall conduct a summary hearing to determine whether
the TEPO may be extended until the termination of the
case.
The court where the case is assigned shall periodically
monitor the existence of acts that are the subject matter
of the TEPO even if issued by the executive judge, and
may lift the same at anytime as circumstances may
warrant.

TEPO MAY BE DISSOLVED

Upon motion if it appears that the issuance or

continuance would cause irreparable damage to
the party enjoined while applicant may be fully
compensated for such damages he may suffer
+ affidavits of the party or person enjoined
+ after hearing
+ posting of sufficient bond

REPORTING OF ACTION ON TEPO

The judge shall report any action taken on a

TEPO, EPO, TRO or a preliminary injunction,
including its modification and dissolution, to the
SC, OCA within 10 days from the action taken.

PETITION FOR ISSUANCE OF EPO

TEMPORARY ENVIRONMENTAL
PROTECTION ORDER

Case:
1. West Tower Condominium Corp. vs. First Phil
Industrial Corp., GR No. 194239, May 31, 2011

EPO AGAINST COAL ASH: PEJC V. DENR, ET AL.

FILING OF AN ANSWER

Within fifteen (15) days from receipt of summons,

the defendant shall file a verified answer and serve a
copy thereof on the plaintiff
+ affidavits of witnesses
+ reports
+ studies of experts
+ all evidence in support of the defense.
+ compulsory counterclaim and cross-claim (if any)

Affirmative and special defenses not pleaded (except

lack of jurisdiction) and cross-claims and compulsory
counterclaims not asserted are waived and barred.

FILING OF THE ANSWER TO COUNTERCLAIM OR

CROSS-CLAIMS

Shall be filed and served within 10 days from

service of the answer in which they are pleaded.
Failure to answer the complaint within the period
provided, the court shall declare defendant in
default and upon motion of the plaintiff, shall
receive evidence ex parte and render judgment
based thereon and the reliefs prayed for.

PRE-TRIAL

Notice of pre-trial shall be issued within 2 days

from the filing of the answer to the counterclaim or
cross-claim, if any, the branch clerk of court shall
issue a notice of the pre-trial to be held not later
than 1 month from the filing of the last pleading.
The court shall schedule the pre-trial and set as
many pre-trial conferences as may be necessary
within a period of two (2) months counted from the
date of the first pre-trial conference.

PRE-TRIAL

At least three (3) days before the pretrial, the

parties shall submit pre-trial briefs.
Failure to comply with the required contents of a
pre-trial brief may be a ground for contempt.
Failure to file the pre-trial brief shall have the same
effect as failure to appear at the pre-trial.

MEDIATION

Occurs at the start of the pre-trial conference

within a non-extendible period of thirty (30) days
from receipt of notice of referral to mediation.
A mediation report must be submitted within ten
(10) days from the expiration of the 30-day
period.

FAILURE TO APPEAR AT PRETRIAL

The court shall receive evidence ex parte. not

dismiss the complaint, except upon repeated and
unjustified failure of the plaintiff to appear. The
dismissal shall be without prejudice, and the
court may proceed with the counterclaim.

PRELIMINARY CONFERENCE

The judge shall put the parties and their counsels

under oath, and they shall remain under oath in all
pre-trial conferences.
The judge may issue a consent decree approving
the agreement between the parties in accordance
with law, morals, public order and public policy to
protect the right of the people to a balanced and
healthful ecology.
Evidence not presented during the pre-trial,
except newly-discovered evidence, shall be
deemed waived.

PRELIMINARY CONFERENCE

The branch clerk of court shall require the parties

to submit:
*depositions (Rule 23 of the Rules of Court),
*answers to written interrogatories (Rule 25)
* answers to request for admissions by the
adverse party (Rule 26)
*documents or things ((Rule 27)
* results of the physical and mental examination
of persons (Rule 28)

ISSUANCE OF A PRE-TRIAL
ORDER

The court issue a pre-trial order within ten (10)

days after the termination of the pre-trial.
The court shall endeavor to make the parties
agree to compromise or settle in accordance
with law at any stage of the proceedings before
rendition of judgment.

CONTINUOUS TRIAL

The judge shall conduct continuous trial which

shall not exceed two (2) months from the date of
the issuance of the pre-trial order.
Before the expiration of the two-month period,
the judge may ask the Supreme Court for the
extension of the trial period for justifiable cause.

AFFIDAVITS IN LIEU OF
DIRECT EXAMINATION

In lieu of direct examination, affidavits marked

during the pre-trial shall be presented as direct
examination of affiants subject to crossexamination by the adverse party.

ONE-DAY EXAMINATION OF
WITNESS RULE

A witness has to be fully examined in 1 day,

except for justifiable reason.

ORAL OFFER OF EVIDENCE

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.

JUDGMENT

The court shall have a period of 1 year from the

filing of the complaint to try and decide the case
which may be extended for justifiable cause.
The following judgment shall be executory
pending appeal unless restrained by the
appellate court:
*directing the performance of acts for the protection,
preservation or rehabilitation of the environment

JUDGMENT

The court may convert the TEPO to a permanent

EPO or issue a writ of continuing mandamus
directing the performance of acts which shall be
effective until the judgment is fully satisfied.

RELIEFS IN A CITIZEN SUIT

If warranted, the court may grant to the plaintiff

proper reliefs including:
*protection, preservation or rehabilitation of the
environment
* payment of attorneys fees
* costs of suit
* other litigation expenses.
* require the violator to submit a program of
rehabilitation or restoration of the environment, the
costs of which shall be borne by the violator, or
* require the violator to contribute to a special trust
fund subject to the control of the court.

MONITORING EXECUTION OF JUDGMENT

The court may, by itself or through the appropriate

government agency, monitor the execution of
the judgment and require the party concerned to
submit written reports on a quarterly basis or
sooner as may be necessary, detailing the
progress of the execution and satisfaction of the
judgment.
The other party may, at its option, submit its
comments or observations on the execution of the
judgment.

MONITORING EXECUTION OF JUDGMENT

The court may motu proprio, or upon motion of the

prevailing party, order that the enforcement of the
judgment or order be referred to a commissioner
who shall file with the court written progress
reports on a quarterly basis or more frequently
when necessary.

RETURN OF WRIT OF
EXECUTION

Execution shall terminate when the decision or

order has been implemented to the satisfaction
of the court in accordance with Section 14, Rule
39 of the Rules of Court.

WRIT OF CONTINUING MANDAMUS

A Petition for Continuing Mandamus may be filed:

When any agency or instrumentality of the government or
officer thereof unlawfully neglects the performance of an act
which the law specifically enjoins as a duty resulting from an
office, trust or station in connection with the enforcement or
violation of an environmental law rule or regulation or a right
therein, or unlawfully excludes another from the use or
enjoyment of such right
there is no other plain, speedy and adequate remedy in the
ordinary course of law

CONTENTS OF THE PETITION

The verified petition must:

allege the facts with certainty,
attach thereto supporting evidence,
specify that the petition concerns an environmental law, rule or
regulation, and
pray that judgment be rendered commanding the respondent to:
do an act or series of acts until the judgment is fully satisfied, and
pay damages sustained by the petitioner by reason of the malicious neglect to
perform the duties of the respondent, under the law, rules or regulations.

The petition shall also contain a sworn certification of non-forum

shopping

MANILA BAY CASE

MANILA BAY CASE: MMDA, ET AL. VS.

CONCERNED RESIDENTS OF MANILA BAY
(DEC. 18, 2008)

INSTITUTION OF CRIMINAL
AND CIVIL ACTIONS

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
complainant waives the civil action, reserves the
right to institute it separately or institutes the
civil action prior to the criminal action.

EVIDENCE

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 the
precautionary principle in resolving
the case before it.
The constitutional right of the people
to a balanced and healthful ecology
shall be given the benefit of the doubt.

STANDARDS FOR APPLICATION OF THE PRECAUTIONARY

PRINCIPLE

In applying the precautionary

principle, the following factors,
among others, may be considered:
(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

KINDS OF DOCUMENTARY EVIDENCE

Photographic, video and similar 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 shall be admissible when
authenticated by the person who took the same, by
some other person present when said evidence was
taken, or by any other person competent to testify
on the accuracy thereof

KINDS OF DOCUMENTARY EVIDENCE

Entries in official records.

Entries in official records made
in the performance of his duty by
a public officer of the Philippines,
or by a person in performance of
a duty specially enjoined by law,
are prima facie evidence of the
facts therein stated.

OTHER TOOLS FOR REFORMS

Office of the
Environmental
Ombudsman receives
complaints from citizens
against public officials
who fail or refuse to take
action against
environmental violations.

EXERCISE
CONSTITUTIONAL
RIGHT TO
I N F O R M AT I O N O N
PUBLIC INTEREST
SEND LETTER
I N T E R R O G AT O RY
TO PUBLIC
OFFICERS WHO
A R E D U T Y- B O U N D
TO ANSWER IN 15
D AY S

CRIMINAL PROCEDURE

Filing of Complaint
(By any offended party, peace officer or any public officer)
I
Filing of Information
An information, charging a person with a violation of an
environmental law and subscribed by the prosecutor, shall
be filed with the court
I
Arrest
All warrants of arrest issued by the court shall be
accompanied by a certified true copy of the information
filed with the issuing court
I

CRIMINAL PROCEDURE

Custody and disposition of seized items, equipment,

paraphernalia, conveyances and instruments
I
Provisional Remedies
(Attachment; EPO)
I
Bail
I
Arraignment and Plea
(The court shall set the arraignment of the accused within
15 days from the time it acquires jurisdiction over the
accused

Pre-Trial
(After the arraignment, the court shall set the pre-trial
conference within 30 days. It may refer the case to the
branch clerk of court, if warranted, for a preliminary
conference to be set at least 3days prior to the pre-trial)
I
Preliminary Conference
I
Trial
(Continuous trial, shall not exceed 3 months from the date
of the issuance of the pre-trial order)

STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

(SLAPP)

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 shall be treated as a
SLAPP and shall be governed by these Rules.

SLAPP AS A DEFENSE; HOW

ALLEGED

In a SLAPP filed against a person involved in the

enforcement of environmental laws, protection
of the environment, or assertion of
environmental rights, the defendant may file an
answer interposing as a defense that the case is
a SLAPP and shall be supported by documents,
affidavits, papers and other evidence; and, by
way of counterclaim, pray for damages,
attorneys fees and costs of suit.

SLAPP AS A DEFENSE: NEXT

STEPS

The court shall direct the plaintiff or adverse party

to file an opposition showing the suit is not a
SLAPP, attaching evidence in support thereof,
within a non-extendible period of five (5) days
from receipt of notice that an answer has been
filed.

The defense of a SLAPP shall be set for hearing by

the court after issuance of the order to file an
opposition within fifteen (15) days from filing of
the comment or the lapse of the period.

A TEST CASE ON ECOLOGICAL

SUSTAINABILITY IN MINING ZONES
(AUGUST 2011)
A Petition for the issue of the Writ of Kalikasan and a
Temporary Environmental Protection Order (TEPO)
was filed by indigenous peoples, residents and nongovernment organizations (PEJC) to:
(a) prohibit the DENR and Mines
and Geosciences Bureau (MGB)
from processing and considering
all pending and new applications
for mineral agreements or
financial technical assistance
agreements in the Philippines;
and

A TEST CASE ON ECOLOGICAL

SUSTAINABILITY IN MINING ZONES
(AUGUST 2011)
A Petition for the issue of the Writ of Kalikasan and a
Temporary Environmental Protection Order (TEPO)
was filed by indigenous peoples, residents and nongovernment organizations (PEJC) to:
(b) stopping all mining
operations in the Zamboanga
Peninsula, including the
mineral exploration of MSSON
Mining in Midsalips forest
reserve or watershed area until
all environmental concerns were
sufficiently addressed

PHIL. EARTH JUSTICE CENTER, INC., ET AL

VS. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES, G.R. NO. 197754*
The environmental issues raised involved
giving effect to the statutory definition of
carrying capacity of our ecosystems and
whether public respondents mindless
issuances of mining tenements in biologically
diverse Zamboanga peninsula have violated
the principle of non-regression.

*available at
http://www.elaw.org/system/files/Writ+of+Natu
re+%28Kalikasan %29+v.+Mining+Phils.pdf

PHIL. EARTH JUSTICE CENTER, INC., ET AL

VS. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES, G.R. NO. 197754*
As of March 2011, the total land area of
808,269.09 hectares or about 51 percent of the
regions total landmass, which covered critical
protected areas, is subject to potential mining.
The Supreme Court granted the petition for
a Writ of Kalikasan against the mining
operations in the area. However, it did not
issue a TEPO.
Instead, it directed the respondents to submit
a return of the writ. The Supreme Court has
designated the Court of Appeals to handle
the reception of evidence for the parties.
(IUCNAEL e-Journal issue 2012 (1) by Gloria
Estenzo-Ramos)

THE BT EGGPLANT

WRIT OF KALIKASAN GRANTED

AGAINST BT TALONG FIELD TRIALS

On April 26, 2012, an

environment group, along
with fellow petitioners, filed
a petition asking the
Supreme Court for a Writ of
Kalikasan and Writ of
Continuing Mandamus[2]
against GMO field trials.
The petition sought to
immediately stop the field
trials of Bt eggplant.

On May 12, 2012, the

SC granted a writ of
kalikasan to stop field
trials of a GMO BT
talong.

MINING IN ZAMBALES

SC ISSUES WRIT OF KALIKASAN

AGAINST MINING IN ZAMBALES

On June 13, 2012, the SC

issues a writ of kalikasan
against companies, officials
and government agencies
directly and indirectly
involved in the leveling of a
mountain in Sta. Cruz,
Zambales, and converting it
into a seaport.

TAKE HOME MESSAGE

N E V E R D O U B T T H AT A S M A L L
GROUP OF THOUGHTFUL,
COMMITTED CITIZENS CAN
CHANGE THE WORLD; INDEED,
I T S T H E O N LY T H I N G T H AT E V E R
HAS.

- Margaret Mead