1987 Constitution
o
Article 2 Sec. 16, The state shall advance the right
of the people to a balanced and healthful ecology in
accordance with the rhythm and harmony of nature
o
Article 2 Sec. 15, The state shall protect and
promote the right to health of the people and instill
health consciousness among them.
Environmental Justice
Baguio City government to cease and desist from How is the writ served?
using the Irisan dump facility either as a holding or staging
It is served personally or by substituted service by the court
area or as controlled area for all kinds of solid wastes;
officer or any person deputized by the court, who shall retain a
Stopping FPIC from operating the 117-kilometer What if the court officers refuse to issue or serve the writ?
Batangas-to-Manila oil pipeline after it leaked sometime in
They will be punished with contempt without prejudice to other
2010.
administrative, civil, or criminal action.
Who can file a petition for Writ of Kalikasan? (PVU EP)
When should the respondent file a verified return?
Affidavits of witnesses
environmental law.
documentary evidence
What are the contents of the ocular inspection order?
Motion to dismiss;
The motion must show that a production order is necessary to
Counterclaim or cross-claim;
What are the contents of the production or inspection order of
Third-party complaint;
documents or things?
Reply; and
Simplification of issues
Directing respondent to permanently cease and desist from What is the writ of continuing mandamus?
Continuing mandamus is a writ issued in an environmental case
committing acts or neglecting the performance of a duty in
directing any agency or instrumentality of the government or
violation of environmental laws resulting in environmental
officer thereof to perform an act or series of acts decreed by final
destruction or damage;
judgment which shall remain effective until judgment is dully
Directing the respondent public official, government agency, What are the grounds for the issuance of the writ of continuing
private person or entity to monitor strict compliance with the mandamus?
Subject
Matter
Who
may file
Respon
dent
Writ of Continuing
Mandamus
A Writ of Continuing Mandamus is
directed against
(a) the unlawful neglect in 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
(b) the unlawfully exclusion of another
from the use or enjoyment of such
right and in both instances, there is
no other plain, speedy and adequate
remedy in the ordinary course of law.
Docket
Fees
Venue
Discovery
Measure
for
personal
injury
The respondent in a petition for
continuing mandamus is only the
Exempted
Exempted
A petition for the issuance of a Writ of
Continuing Mandamus may be filed in
the following: (a) the Regional Trial
Court exercising jurisdiction over the
territory where the actionable neglect
or omission occurred; (b) the Court
of Appeals; or (c) the Supreme Court.
Sources:
A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases
Annotation to the Rules of Procedure for Environmental Cases
http://www.scribd.com/doc/84320250/Writ-of-Kalikasan by Ms.
Cheryl Daytec-Yangot
http://www.abs-cbnnews.com/nation/01/31/10/sc-rushespromulgation-rules-writ-kalikasan
http://www.manilatimes.net/index.php/opinion/columnist1/17649we-need-a-law-on-environmental-remediation