III.

SALIENT FEATURES OF THE RULE

A. Liberalized Standing
Any real party in interest, including the gov't, and juridical entities may file a
civil action involving the enforcement and violation of environmental law.
Any Filipino citizen, in representation of others, including minors or
generations yet unborn, may file an action to enforce rights and obligations
under environmental law.
B. Proceedings are summary in nature
Both complaint and answer must include affidavits of witnesses and material
evidence.
C. RULE ALLOWS THE APPLICATION OF PRECAUTIONARY PRINCIPLE
- in cases where human activities may lead to threats of serious and
irreversible damage to the environment that is scientifically plausible but
certain, precautionary principle shall be applied. In such case, actions shall be
taken to avoid or diminish the threat.
NOVEL PROVISIONS OF THE RULES
A. Availability of Environmental Protection Order (EPO). An EPO is an order
issued by the court directing or enjoining a person or government agency to
perform or desist from performing an act in order to protect, preserve or
rehabilitate the environment. A TEPO may be issued ex parte if the matter is of
extreme urgency and the applicant will suffer grave injustice and irreparable
injury. TEPO is effective only for 72 hrs from date of receipt of order.
B. Prohibition against Temporary Restraining Order (TRO) and Preliminary
Injunction.
The Rules provide that except the SC, no court can issue a TRO or Writ of
Preliminary Injunction against lawful actions of govt agencies that enforce
environmental laws.
C. Recognition or rules of the concerned govt agencies on the custody and
disposition of seized items, equipment, paraphernalia, conveyances and
instruments.
D. Requirement of consent by concerned govt agencies in case of plea
bargaining.
E. Provision on Strategic Legal Action Against Public Participation (SLAPP)

F. Availability of Writ of Kalikasan

. It is a remedy available to a natural or juridical person, on behalf of persons
whose constitutional right to a balanced ecology is violated, or threatened with
violation of an unlawful act or mission 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 2 or more cities or
provinces.
PART II, CRIMINAL PROCEDURE
A. PROSECUTION OF OFFENSES
How criminal action for violation of an environmental law is instituted?
- by filing of a complaint with the Office of the Prosecutor of the place where
the crime is committed.
Complaint
- a sworn written statement, in question and answer form, charging a person
with an offense subscribed by the offended party, any peace officer charged
with the enforcement of the environmental law violated.
Who can file a complaint?
- Any offended party, peace officer or any public officer charged with the
enforcement of an environmental law.
Ex. 1. Protected Area Superintendents for violation of NIPAS Act inside their
respective protected areas.
2. DENR CENRO/PENRO/DENRO for violation of forestry laws and other env'l
laws.
3. Wildlife Enforcement Officers for violations of the Wildlife Resources
Conservation and Protection Act
Can the police officers directly file the complaints without involving other govt
agencies e.g. DENR or BFAR?
Yes,provided technical consideration is not necessary to determine probable
cause. Otherwise, the corresponding govt agency must be involved.
Can a complaint be directly filed with the court?
No. It can only be filed with the concerned Office of the Prosecutor. Only an
Information charging a person with a violation of environmental law and
subscribed by the prosecutor can be filed with the court.
Evidence required in the filing of a complaint.
1. mission order, if any
2. sworn statements in Q&A form of the arresting officers and witnesses
3. Pictures showing the scene of the crime, object of the offense, conveyances,

tools and other paraphernalia used in the commission of the offense.

4. If pictures are submitted, these must be accompanied by SS by persons who
took the photograph, by persons who were present when pictures were taken,
or by any competent persons who can testify on its accuracy;
5. Seizure receipt;
6. Inventory sheet;
7. Turn over receipts (chain of custody)
8. Endorsement letters (turn over of the case from arresting officers to police
inv)
9. Certifications from DENR, BFAR, etc. on the issuance of the permits
10. Referral to the concerned Office of the Prosecutors.
Custody and Disposition of Seized items
- the apprehending officers having initial custody of the seized items shall
conduct the inventory and whenever practicable photograph the same in the
presence oft he person from whom the items were seized;
- if seizure is by SW, return is to be made within 5 days from date of seizure.
Otherwise, the officer shall submit within 5 days from date of seizure the
inventory report and other pertinent docs to the prosecutor for appropriate
action;
- the court may cause the public auction of the seized items upon motion by
any interested party and after notice and publication.
- the proceeds shall be deposited with the govt depository bank for disposition
accdg to the judgment.
ARRAIGNMENT AND PLEA
- the presence and consent of the govt agency concerned is required in plea
bargaining
PRE-TRIAL
law enforces should be present and assist in the identification and marking of
the statements and other exhibits. He also informs the prosecutors on matters
related to stipulations of facts and admissions.
TRIAL
court shall endeavor to conduct a continuous trial which shall not exceed 3
months from date of issuance of pre-trial order.
the testimony of the witnesses are presented in the form of a judicial affidavit.
One (1) day examination rule
-the direct and cross-exam of the witnesses must be conducted in one (1) day
Period to Decide - court shall decide the case within 10 months from date of

arraignment
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP)
-this refers to an action filed with the intent to harass, vex or exert undue
pressure against the law enforcer for his acts of enforcing the environmental
laws or protecting the env't.
- upon the filing of the information or before arraignment, accused may file a
motion to dismiss on the ground that the action is a SLAPP.
- as a result of the filing of the defense of SLAPP, the proceedings in the main
case is deferred. The hearing on the defense is summary in nature. The court
is required to rule on the defense of SLAPP within 60 days.
EVIDENCE
Documentary evidence (e.g., photos, videos, etc.) may be made admissible
when authenticated.
Authentication is done by executing a sworn statement, in question & answer
form, regarding the circumstances surrounding the taking of the said evidence
and attesting to the accuracy of the same.
SALIENT FEATURES IN CIVIL CASE
Effect of failure to appear at the pre-trial
Court shall not dismiss the case, except upon unjustified and repeated failure
of the plaintiff to appear. If defendant failed to appear during the pre-trial,
court shall receive evidence
ex parte
Affidavits in lieu of the Direct Examination
affidavits marked during the pre-trial shall be presented as direct exam of
affiants subject tot he cross-exam by the adverse party.
Period to Decide the Case
the court has 1 year from the filing of the complaint to try and decide the case.
Plaintiff's reliefs
protection, preservation or rehabilitation of the env't and the payment of atty's
fees, cost of suit and other litigation expenses.
court may also require the violators to submit a program of rehab or
restoration of the env't, costs of which shall be borne by them, or to contribute
to a special trust fund for that purpose.
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
SPECIAL CIVIL ACTIONS

Writ of Kalikasan
-remedy available to a natural or juridical person, entity authorized by people's
org., go, or any public interest group or accredited by or registered with any
govt agency, on behalf of persons whose consti right to a balanced ecology is
violated. the issuance thereof shall not preclude the filing of separate civil,
criminal or admin actions.
Where to File:
Court of Appeals or Supreme Court
Contents of Petition:
All relevant and material evidence consisting of affidavits of witnesses, doc
evidence, scientific or other expert studies, object evidence (if possible)
Petition sufficient in form and substance:
court issues order issuing the writ and require respondents to file a verified
return within non-extendible period of 10days. If respondent fails to file the
said return, court shall hear the petition ex parte.
Prohibited Pleadings:
Respondent may not file a Motion to Dismiss, Motion for Time, Bill of
Particulars, Counter-claim/cross claim/third party complaint. Petitioner may
not file a reply or motion to declare defendant in default, Neither party may ask
for a postponement.
Reliefs:
direct respondent to permanently cease and desist from committing acts or
neglecting the performance of a duty in violation of environmental alws
resulting in env'l destruction or damage
direct the respondent public official, govt agency, private person or entity to
protect, preserve, rehab or restore the env't
direct the respondent public official, govt agency, private person or entity to
monitor strict complaince with the decision and orders of the court
direct the respondent public official, govt agency, private person or entity to
make periodic reports on the execution of the final judgment
such other reliefs which relate to the right of the people to a balanced and
healthful ecology or to the protection, preservation, rehab or restoration of the
envt, except the award of damages to individual petitioners.
Appeal:
Within 15days from date of notice of judgment or denial of MR, any party may
appeal to the SC under Rule 45 and may raise questions of fact
Writ of Continuing Mandamus
when an agency or instrumentality of the govt or officer of such agency or
instrumentality UNLAWFULLY NEGLECTS TO PERFORM 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 and there is no other plain, speedy of adequate
remedy in the ordinary course of law.
Where to File:
RTC exercising jurisdiction over the territory where the actionable neglect or
omission occurred, or with the CA or the SC. Petitioner exempt from the
payment of docketed fees.
Time to File a Comment:
10 days from receipt of the petition. The court may grant a TEPO to preserve
the rights of the parties while the case is pending.
Reliefs:
require the respondent to perform an act or series of acts until the judgment is
fully satisfied and to grant such other reliefs as may be warranted resulting
from the wrongful or illegal acts of the respondent
court shall also require the respondent to submit periodic reports detailing the
progress and execution of the judgment, and the court may, by itself or thru a
commissioner, or the appropriate govt agency, evaluate and monitor
compliance. Petitioner may submit its comment or observations on the
execution of judgment