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Atty. Mabandes S. Diron Jr.
WRIT OF A KALIKASAN in a NUTSHELL
The petition for a Writ of Kalikasan is an extraordinary remedy
because the damage or threatened damage is of such magnitude
(that is, it covers such a wide area) as to prejudice the ecology in
two or more cities or provinces. Since the affected area is not
limited geographically to one particular city or province, the
complainant/petitioner has to go to the Court of Appeals or the
Supreme Court whose jurisdiction is nationwide.
A petition for an issuance of a Writ of Kalikasan may be
accompanied by a prayer for the issuance of a Temporary
Environmental Protection Order (TEPO).
This petition fills in the gaps in the law which enable violators to
escape liability by using unclear or grey areas in jurisdiction,
venue, etc. This petition, moreover, bridges the gap between
allegation and proof by compelling the production of information
regarding the environmental complaint, such as information
related to the issuance of a government permit or license, or
information contained in the ECC or in government records. In this
sense, the Writ of Kalikasan, like the Writ of Habeas Data,
becomes functionally a mode of discovery; it is subject to the
usual safeguards against mere “fishing expeditions.”
A decision on this petition, furthermore, may or may not also
provide for the other new environmental writ, the Writ of
Continuing Mandamus.
Nature of the Writ of Kalikasan