Environmental Law Finals (Law on Natural Resources and Rules of Procedure for Environmental Cases by Agcaoili)

Question 1

A.M. No. 09-6-8-SC

Rules of Procedure for Environmental Cases

Effectivity: April 29, 2010

Question 2

What are the covered laws for the Rules of Procedure for Environmental Cases?

Answer 2

PART 1
Rule 1. General Provisions

Section 2. Scope. — These Rules shall 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 environmental and other related laws, rules and regulations such as but not limited to the following:

(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees;

(b) P.D. No. 705, Revised Forestry Code;

(c) P.D. No. 856, Sanitation Code;

(d) P.D. No. 979, Marine Pollution Decree;

(e) P.D. No. 1067, Water Code;

(f) P.D. No. 1151, Philippine Environmental Policy of 1977;

(g) P.D. No. 1433, Plant Quarantine Law of 1978;

(h) P.D. No. 1586, Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes;

(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground;

(j) R.A. No. 4850, Laguna Lake Development Authority Act;

(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;

(l) R.A. No. 7076, People’s Small-Scale Mining Act;

(m) R.A. No. 7586, National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas;

(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;

(o) R.A. No. 7942, Philippine Mining Act;

(p) R.A. No. 8371, Indigenous Peoples Rights Act;

(q) R.A. No. 8550, Philippine Fisheries Code;

(r) R.A. No. 8749, Clean Air Act;

(s) R.A. No. 9003, Ecological Solid Waste Management Act;

(t) R.A. No. 9072, National Caves and Cave Resource Management Act;

(u) R.A. No. 9147, Wildlife Conservation and Protection Act;

(v) R.A. No. 9175, Chainsaw Act;

(w) R.A. No. 9275, Clean Water Act;

(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and

(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed Industry Development Act of 1992; R.A. No. 7900, High-Value Crops Development; R.A. No. 8048, Coconut Preservation Act; R.A. No. 8435, Agriculture and Fisheries Modernization Act of 1997; R.A. No. 9522, The Philippine Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008; R.A. No. 9637, Philippine Biofuels Act; and other existing laws that relate to the conservation, development, preservation, protection and utilization of the environment and natural resources.

Question 3

What are the objectives of these Rules?

Answer 3

PART 1
Rule 1. General Provisions

Section 3. Objectives. - The objectives of these Rules are:

(a) To protect and advance the constitutional right of the people to a balanced and healthful ecology;

(b) To provide a simplified, speedy and inexpensive procedure for the enforcement of environmental rights and duties recognized under the Constitution, existing laws, rules and regulations, and international agreements;

(c) To introduce and adopt innovations and best practices ensuring the effective enforcement of remedies and redress for violation of environmental laws; and

(d) To enable the courts to monitor and exact compliance with orders and judgments in environmental cases.

Question 4

In the definition of terms, how is a by-product defined?

Answer 4

PART 1
Rule 1. General Provisions

Section 4(a) By-product or derivatives means any part taken or substance extracted from wildlife, in raw or in processed form including stuffed animals and herbarium specimens.

Question 5

In the definition of terms, how is consent decree defined?

Answer 5

PART 1
Rule 1. General Provisions

Section 4(b) Consent decree refers to a judicially-approved settlement between concerned parties based on public interest and public policy to protect and preserve the environment.

Question 6

In the definition of terms, how is continuing mandamus defined?

Answer 6

PART 1
Rule 1. General Provisions

Section 4(c) Continuing mandamus is 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.

Question 7

In the definition of terms, how is an environmental protection order (EPO) defined?

Answer 7

PART 1
Rule 1. General Provisions

Section 4(d) Environmental protection order (EPO) refers to 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.

Question 8

In the definition of terms, how are minerals defined?

Answer 8

PART 1
Rule 1. General Provisions

Section 4(e) Mineral refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy.

Question 9

In the definition of terms, how is the precautionary principle defined?

Answer 9

PART 1
Rule 1. General Provisions

Section 4(f) Precautionary principle states that when human activities may lead to threats of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish that threat.

Question 10

In the definition of terms, how is a strategic lawsuit against public participation (SLAPP) defined?

Answer 10

PART 1
Rule 1. General Provisions

Section 4(g) Strategic lawsuit against public participation (SLAPP) refers to an action whether civil, criminal or administrative, brought against any person, institution or any government agency or local government unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or government agency has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights.

Question 11

In the definition of terms, how is wildlife defined?

Answer 11

PART 1
Rule 1. General Provisions

Section 4(h) Wildlife means wild forms and varieties of flora and fauna, in all developmental stages including those which are in captivity or are being bred or propagated.

Question 12

What are the only allowed motions and pleading in these Rules?

Answer 12

PART II
CIVIL PROCEDURE

RULE 2
PLEADINGS AND PARTIES

Section 1. Pleadings and motions allowed. — The pleadings and motions that may be filed are complaint, answer which may include compulsory counterclaim and cross-claim, motion for intervention, motion for discovery and motion for reconsideration of the judgment.

Motion for postponement, motion for new trial and petition for relief from judgment shall be allowed in highly meritorious cases or to prevent a manifest miscarriage of justice.

Question 13

What are the prohibited motions or pleadings under these Rules?

Answer 13

PART II
CIVIL PROCEDURE

RULE 2
PLEADINGS AND PARTIES

Section 2. Prohibited pleadings or motions. — The following pleadings or motions shall not be allowed:

(a) Motion to dismiss the complaint;

(b) Motion for a bill of particulars;

(c) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed fifteen (15) days;

(d) Motion to declare the defendant in default;

(e) Reply and rejoinder; and

(f) Third party complaint.

Question 14

How is a temporary environmental protection order issued?

Answer 14

PART II
CIVIL PROCEDURE

RULE 2
PLEADINGS AND PARTIES

Section 8. Issuance of Temporary Environmental Protection Order (TEPO). - If it appears from the verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of the multiple-sala court before raffle or the presiding judge of a single-sala court as the case may be, may issue ex parte a TEPO effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or person enjoined. Within said period, 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 any time as circumstances may warrant.

The applicant shall be exempted from the posting of a bond for the issuance of a TEPO.

Question 15

What is the only instance wherein a TEPO may be dissolved?

Answer 15

PART II
CIVIL PROCEDURE

RULE 2
PLEADINGS AND PARTIES

Section 9. Action on motion for dissolution of TEPO. - The grounds for motion to dissolve a TEPO shall be supported by affidavits of the party or person enjoined which the applicant may oppose, also by affidavits.

The TEPO may be dissolved if it appears after hearing that its issuance or continuance would cause irreparable damage to the party or person enjoined while the applicant may be fully compensated for such damages as he may suffer and subject to the posting of a sufficient bond by the party or person enjoined.

Question 16

What is the effect of failure to answer?

Answer 16

PART II
CIVIL PROCEDURE

RULE 2
PLEADINGS AND PARTIES

Section 15. Effect of failure to answer. - Should the defendant fail 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.

Question 17

How is mediation between parties achieved?

Answer 17

PART II
CIVIL PROCEDURE

RULE 3
PRE-TRIAL

Section 3. Referral to mediation. - At the start of the pre-trial conference, the court shall inquire from the parties if they have settled the dispute; otherwise, the court shall immediately refer the parties or their counsel, if authorized by their clients, to the Philippine Mediation Center (PMC) unit for purposes of mediation. If not available, the court shall refer the case to the clerk of court or legal researcher for mediation.

Mediation must be conducted within a non-extendible period of thirty (30) days from receipt of notice of referral to mediation.

The mediation report must be submitted within ten (10) days from the expiration of the 30-day period.

Question 18

What is the effect of failure to appear at pre-trial?

Answer 18

PART II
CIVIL PROCEDURE

RULE 3
PRE-TRIAL

Section 7. Effect of failure to appear at pre-trial. - The court shall 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.

If the defendant fails to appear at the pre-trial, the court shall receive evidence ex parte.

Question 19

What are the reliefs available in a citizen suit?

Answer 19

PART II
CIVIL PROCEDURE

RULE 5
JUDGMENT AND EXECUTION

Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to the plaintiff proper reliefs which shall include the protection, preservation or rehabilitation of the environment and the payment of attorney’s fees, costs of suit and other litigation expenses. It may also 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 to contribute to a special trust fund for that purpose subject to the control of the court.

Question 20

How can a temporary EPO be converted to permanent EPO? a continuing of writ mandamus be issued?

Answer 20

PART II
CIVIL PROCEDURE

RULE 5
JUDGMENT AND EXECUTION

Section 3. Permanent EPO; writ of continuing mandamus. - In the 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.

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.

Question 21

What is SLAPP?

Answer 21

PART II
CIVIL PROCEDURE

RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

Section 1. 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.

Question 22

What is the nature of the hearing on the defense of SLAPP?

Answer 22

PART II
CIVIL PROCEDURE

RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in nature. The parties must submit all available evidence in support of their respective positions. The party seeking the dismissal of the case must prove by substantial evidence that his act for the enforcement of environmental law is a legitimate action for the protection, preservation and rehabilitation of the environment. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP and is a valid claim.

Question 23

What is the nature of the writ of kalikasan?

Answer 23

PART III
SPECIAL CIVIL ACTIONS

RULE 7
WRIT OF KALIKASAN

Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, 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.

Question 24

What are the contents of the writ of kalikasan?

Answer 24

PART III
SPECIAL CIVIL ACTIONS

RULE 7
WRIT OF KALIKASAN

Section 2. Contents of the petition. - The verified petition shall contain the following:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent or if the name and personal circumstances are unknown and uncertain, the respondent may be described by an assumed appellation;

(c) The environmental law, rule or regulation violated or threatened to be violated, the act or omission complained of, and the environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

(d) All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, scientific or other expert studies, and if possible, object evidence;

(e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency, and no such other action or claim is pending therein; (2) if there is such other pending action or claim, a complete statement of its present status; (3) if petitioner should learn that the same or similar action or claim has been filed or is pending, petitioner shall report to the court that fact within five (5) days therefrom; and

(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

Question 25

What are some reasons for filing a petition for continuing mandamus?

Answer 25

PART III
SPECIAL CIVIL ACTIONS

RULE 8
WRIT OF CONTINUING MANDAMUS

Section 1. Petition for continuing mandamus. - 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 and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty, attaching thereto supporting evidence, specifying that the petition concerns an environmental law, rule or regulation, and praying that judgment be rendered commanding the respondent to do an act or series of acts until the judgment is fully satisfied, and to 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.

Question 26

Can attachment be availed of in environmental cases?

Answer 26

PART IV
CRIMINAL PROCEDURE

RULE 13
PROVISIONAL REMEDIES

Section 1. Attachment in environmental cases. - The provisional remedy of attachment under Rule 127 of the Rules of Court may be availed of in environmental cases.

Question 27

How are EPO and TEPO issued in criminal cases?

Answer 27

PART IV
CRIMINAL PROCEDURE

RULE 13
PROVISIONAL REMEDIES

Section 2. Environmental Protection Order (EPO); Temporary Environmental Protection Order (TEPO) in criminal cases. - The procedure for and issuance of EPO and TEPO shall be governed by Rule 2 of these Rules.

Question 28

When can subsidiary liability exist in environmental cases?

Answer 28

PART IV
CRIMINAL PROCEDURE

RULE 18
SUBSIDIARY LIABILITY

Section 1. Subsidiary liability. - In case of conviction of the accused and subsidiary liability is allowed by law, the court may, by motion of the person entitled to recover under judgment, enforce such subsidiary liability against a person or corporation subsidiary liable under Article 102 and Article 103 of the Revised Penal Code.

Question 29

What are the factors to be considered in the application of the precautionary principle?

Answer 29

PART V
EVIDENCE

RULE 20
PRECAUTIONARY PRINCIPLE

Section 2. Standards for application. - 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.