1.

Distinction between writ of Kalikasan and Continuing Mandamus

Kalikasan Continuing Mandamus

Venue CA and SC only RTC, CA or SC
Respondents Include private individuals, Only Government or its
entities officers
Petitioners Broad Only those aggrieved
Subject Matter Unlawful act or omission -Unlawful neglect in the
involving environmental performance of duty;
damage affecting two or -Unlawful exclusion from use
more cities or provinces or enjoyment of right
Docket Fees Exempt Exempt
Discovery Ocular Inspection & None
Production of documents,
things
Damages Award not available to Personal damages may be
individual petitioner. Must awarded.
file separate action for
damages.
A writ issued by a court in an
environmental case directing
any agency or instrumentality
of the government or officer
thereof to perform an act or
series of acts decreed by final
judgment which shall remain
effective until judgment is
fully satisfied

2. How to raise the defense in Criminal and Civil SLAPPS

Civil Cases Rule 6, Part II
- File an answer interposing as a defense that the case is a SLAPP.
- Append documents, affidavits, papers and other evidence.
- By way of counterclaim, defendant should pray for damages, attorneys fees and cost of suit.
- Period to file plaintiff’s opposition – 5 days
- Set Hearing – 15 days from comment
- Period to resolve – 30 days after summary hearing.

3. Procedure in the grant of bail in environmental cases

- Before granting bail, read the information in language known and understood by the Accused.
- Require Accused to sign an undertaking that:
a) He/she will appear during the date of his arraignment;
b) If he/she fails to appear during his arraignment without justification:
o He/she waives his right to be read of the information;
o He/she authorizes the court to enter a plea of not guilty on his behalf;
o He/she authorizes the court to set the date of trial of his case.
 c) He/she will appear whenever required by the Court. d) He/she waives his right to be present
during trial.
d) If absent without justification despite due notice, he/she allows trial in absentia.

4. Distinction between ordinary and environmental civil action and citizen’s suit
Ordinary Civil Action
- is one by which a party sues another for the enforcement or protection of a right or the
prevention or redress of a wrong.

Environmental Civil Action

-
Citizen’s Suit
- 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. 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.

5. When the court acquires jurisdiction in both civil and criminal environmental cases

6. Custody procedure in seized items after valid search

- Notice of auction to be furnished the accused or the owner of seized items and the
concerned government agency.
- Posting of notice in 3 conspicuous places where the items were seized
- Proceeds of the auction sale to be deposited in trust and to be disposed of in
accordance with the judgment of the case

7. Provisional remedies in environmental cases

Attachment –
1. Accused is about to abscond.
2. Accused is public officer and the case is based on a claim of misuse, embezzlement of public
funds.
3. Accused has disposed of, concealed or removed his property or is about to do so.
4. Accused resides outside of the Philippines.

Environmental Protection Order –

1. Ex-parte TEPO – valid for 72 hours; issued in extreme urgency.
2. TEPO – issued after summary hearing; valid during the pendency of the criminal case.
3. Permanent EPO – issued after judgment converting TEPO into permanent one.

8. How to apply precautionary principle as a rule in evidence in environmental cases

Applicability:
When there is lack of full scientific certainty in establishing causal link between human activity
and environmental effect or harm.

Right to a balanced and healthful ecology to be given the benefit of the doubt.
 Standards in applying PP:
a. threats to human life or health;
b. inequity to present or future generations; or
c. prejudice to the environment without legal consideration of the environmental rights of those
affected

9. Difference between 2004 criminal procedure and environmental criminal procedure

Additional:
1. Garganera vs Osmena
2. Prescriptive Periods under Envi Rules
3. Definition of Terms
4. Different Approaches in conservation as explained in the rationale of the rules
5. Precautionary Principle as a rule in evidence