The objectives of these Rules are: Issuance of Temporary Environmental Protection Order (TEPO)

If it appears from the verified complaint with a prayer for the

1. To protect and advance the constitutional right of the people to a issuance of an Environmental Protection Order (EPO) that the matter is of
balanced and healthful ecology; extreme urgency and the applicant will suffer grave injustice and
2. To provide a simplified, speedy and inexpensive procedure for irreparable injury, the executive judge of the multiple-sala court before
the enforcement of environmental rights and duties recognized raffle or the presiding judge of a single-sala court as the case may be, may
under the Constitution, existing laws, rules and regulations, and issue ex parte a TEPO effective for only seventy-two (72) hours from date
international agreements; of the receipt of the TEPO by the party or person enjoined. Within said
3. To introduce and adopt innovations and best practices ensuring period, the court where the case is assigned, shall conduct a summary
the effective enforcement of remedies and redress for violation of hearing to determine whether the TEPO may be extended until the
environmental laws; and termination of the case.
4. To enable the courts to monitor and exact compliance with orders The court where the case is assigned, shall periodically monitor
and judgments in environmental cases. 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 following pleadings or motions shall not be allowed: (Civil) ===================================================

1. Motion to dismiss the complaint; Consent decree refers to a judicially-approved settlement between
2. Motion for a bill of particulars; concerned parties based on public interest and public policy to protect and
3. Motion for extension of time to file pleadings, except to file preserve the environment.
answer, the extension not to exceed fifteen (15) days;
4. Motion to declare the defendant in default; Pre-trial conference; consent decree
5. Reply and rejoinder; and The judge shall put the parties and their counsels under oath, and
6. Third party complaint. they shall remain under oath in all pre-trial conferences. The judge shall
exert best efforts to persuade the parties to arrive at a settlement of the
dispute. The judge may issue a consent decree approving the agreement
The following pleadings and motions are prohibited: (Kalikasan) between the parties in accordance with law, morals, public order and
public policy to protect the right of the people to a balanced and healthful
1. Motion to dismiss; ecology. Evidence not presented during the pre-trial, except newly
2. Motion for extension of time to file return; discovered evidence, shall be deemed waived.
3. Motion for postponement;
4. Motion for a bill of particulars; ===================================================
5. Counterclaim or cross-claim;
6. Third-party complaint; The payment of filing and other legal fees by the plaintiff shall be
7. Reply; and deferred until after judgment unless the plaintiff is allowed to litigate as
8. Motion to declare respondent in default. an indigent. It shall constitute a first lien on the judgment award. For a
citizen suit, the court shall defer the payment of filing and other legal fees
that shall serve as first lien on the judgment award.
Effect of failure to appear at pre-trial.—The court shall not dismiss the A party may file a verified motion for the following reliefs:
complaint, except upon repeated and unjustified failure of the plaintiff to
appear. The dismissal shall be without prejudice, and the court may Ocular Inspection; order
proceed with the counterclaim. If the defendant fails to appear at the pre- The motion must show that an ocular inspection order is
trial, the court shall receive evidence ex parte. necessary to establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more cities or
========================================================== provinces. It shall state in detail the place or places to be inspected. It
shall be supported by affidavits of witnesses having personal knowledge
Before granting the application for bail, the judge must read the of the violation or threatened violation of environmental law.
information in a language known to and understood by the accused and After hearing, the court may order any person in possession or
require the accused to sign a written undertaking, as follows: control of a designated land or other property to permit entry for the
purpose of inspecting or photographing the property or any relevant
1. To appear before the court that issued the warrant of arrest for object or operation thereon.
arraignment purposes on the date scheduled, and if the accused The order shall specify the person or persons authorized to make
fails to appear without justification on the date of arraignment, the inspection and the date, time, place and manner of making the
accused waives the reading of the information and authorizes the inspection and may prescribe other conditions to protect the constitutional
court to enter a plea of not guilty on behalf of the accused and to rights of all parties.
set the case for trial;
2. To appear whenever required by the court where the case is Production or inspection of documents or things; order
pending; and The motion must show that a production order is necessary to
3. To waive the right of the accused to be present at the trial, and establish the magnitude of the violation or the threat as to prejudice the
upon failure of the accused to appear without justification and life, health or property of inhabitants in two or more cities or provinces.
despite due notice, the trial may proceed in absentia. After hearing, the court may order any person in possession,
custody or control of any designated documents, papers, books, accounts,
letters, photographs, objects or tangible things, or objects in digitized or
electronic form, which constitute or contain evidence relevant to the
PRECAUTIONARY PRINCIPLE
petition or the return, to produce and permit their inspection, copying or
photographing by or on behalf of the movant. The production order shall
Applicability - When there is a lack of full scientific certainty in
specify the person or persons authorized to make the production and the
establishing a causal link between human activity and environmental
date, time, place and manner of making the inspection or production and
effect, the court shall apply the precautionary principle in resolving the
may prescribe other conditions to protect the constitutional rights of all
case before it. The constitutional right of the people to a balanced and
parties.
healthful ecology shall be given the benefit of the doubt.

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.
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION If the court rejects the defense of a SLAPP, the evidence adduced
during the summary hearing shall be treated as evidence of the parties on
Strategic lawsuit against public participation (SLAPP) the merits of the case. The action shall proceed in accordance with the
A legal action filed to harass, vex, exert undue pressure or stifle Rules of Court.
any legal recourse that any person, institution or the government has taken
or may take in the enforcement of environmental laws, protection of the STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN
environment or assertion of environmental rights shall be treated as a CRIMINAL CASES
SLAPP and shall be governed by these Rules.
Motion to dismiss
SLAPP as a defense; how alleged Upon the filing of information in court and before arraignment,
In a SLAPP filed against a person involved in the enforcement of the accused may file a motion to dismiss on the ground that the criminal
environmental laws, protection of the environment, or assertion of action is a SLAPP.
environmental rights, the defendant may file an answer interposing as a
defense that the case is a SLAPP and shall be supported by documents, Summary hearing
affidavits, papers and other evidence; and, by way of counterclaim, pray The hearing on the defense of a SLAPP shall be summary in
for damages, attorney’s fees and costs of suit. nature. The parties must submit all the available evidence in support of
The court shall direct the plaintiff or adverse party to file an their respective positions. The party seeking the dismissal of the case
opposition showing the suit is not a SLAPP, attaching evidence in support must prove by substantial evidence that his act for the enforcement of
thereof, within a non-extendible period of five (5) days from receipt of environmental law is a legitimate action for the protection, preservation
notice that an answer has been filed. The defense of a SLAPP shall be set and rehabilitation of the environment. The party filing the action assailed
for hearing by the court after issuance of the order to file an opposition as a SLAPP shall prove by preponderance of evidence that the action is
within fifteen (15) days from filing of the comment or the lapse of the not a SLAPP.
period.
Resolution
Summary hearing The court shall grant the motion if the accused establishes in the
The hearing on the defense of a SLAPP shall be summary in summary hearing that the criminal case has been filed with intent to
nature. The parties must submit all available evidence in support of their harass, vex, exert undue pressure or stifle any legal recourse that any
respective positions. The party seeking the dismissal of the case must person, institution or the government has taken or may take in the
prove by substantial evidence that his acts for the enforcement of enforcement of environmental laws, protection of the environment or
environmental law is a legitimate action for the protection, preservation assertion of environmental rights.
and rehabilitation of the environment. The party filing the action assailed If the court denies the motion, the court shall immediately
as a SLAPP shall prove by preponderance of evidence that the action is proceed with the arraignment of the accused.
not a SLAPP and is a valid claim.

Resolution of the defense of a SLAPP

The affirmative defense of a SLAPP shall be resolved within
thirty (30) days after the summary hearing. If the court dismisses the
action, the courtmay award damages, attorney’s fees and costs of suit
under a counterclaim if such has been filed. The dismissal shall be with
prejudice.
WRIT OF KALIKASAN WRIT OF CONTINUING MANDAMUS

Nature of the writ Petition for continuing mandamus

The writ is a remedy available to a natural or juridical person, When any agency or instrumentality of the government or officer
entity authorized by law, people’s organization, non-governmental thereof unlawfully neglects the performance of an act which the law
organization, or any public interest group accredited by or registered with specifically enjoins as a duty resulting from an office, trust or station in
any government agency, on behalf of persons whose constitutional right connection with the enforcement or violation of an environmental law
to a balanced and healthful ecology is violated, or threatened with rule or regulation or a right therein, or unlawfully excludes another from
violation by an unlawful act or omission of a public official or employee, the use or enjoyment of such right and there is no other plain, speedy and
or private individual or entity, involving environmental damage of such adequate remedy in the ordinary course of law, the person aggrieved
magnitude as to prejudice the life, health or property of inhabitants in two thereby may file a verified petition in the proper court, alleging the facts
or more cities or provinces. with certainty, attaching thereto supporting evidence, specifying that the
petition concerns an environmental law, rule or regulation, and praying
Where to file - The petition shall be filed with the Supreme Court or with that judgment be rendered commanding the respondent to do an act or
any of the stations of the Court of Appeals. 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
No docket fees the duties of the respondent, under the law, rules or regulations. The
The petitioner shall be exempt from the payment of docket fees. petition shall also contain a sworn certification of non-forum shopping.

Issuance of the writ Where to file the petition

Within three (3) days from the date of filing of the petition, if the The petition shall be filed with the Regional Trial Court
petition is sufficient in form and substance, the court shall give an order: exercising jurisdiction over the territory where the actionable neglect or
(a) issuing the writ; and (b) requiring the respondent to file a verified omission occurred or with the Court of Appeals or the Supreme Court.
return as provided in Section 8 of this Rule. The clerk of court shall
forthwith issue the writ under the seal of the court including the issuance No docket fees
of a cease and desist order and other temporary reliefs effective until The petitioner shall be exempt from the payment of docket fees.
further order.
Order to comment
How the writ is served If the petition is sufficient in form and substance, the court shall
The writ shall be served upon the respondent by a court officer or issue the writ and require the respondent to comment on the petition
any person deputized by the court, who shall retain a copy on which to within ten (10) days from receipt of a copy thereof. Such order shall be
make a return of service. In case the writ cannot be served personally, the served on the respondents in such manner as the court may direct,
rule on substituted service shall apply. together with a copy of the petition and any annexes thereto.

Penalty for refusing to issue or serve the writ Expediting proceedings; TEPO
A clerk of court who unduly delays or refuses to issue the writ The court in which the petition is filed may issue such orders to
after its allowance or a court officer or deputized person who unduly expedite the proceedings, and it may also grant a TEPO for the
delays or refuses to serve the same shall be punished by the court for preservation of the rights of the parties pending such proceedings.
contempt without prejudice to other civil, criminal or administrative
actions.
WRIT OF KALIKASAN WRIT OF CONTINUING MANDAMUS

Return of respondent; contents Proceedings after comment is filed

Within a nonextendible period of ten (10) days after service of the After the comment is filed or the time for the filing thereof has
writ, the respondent shall file a verified return which shall contain all expired, the court may hear the case which shall be summary in nature or
defences to show that respondent did not violate or threaten to violate, or require the parties to submit memoranda. The petition shall be resolved
allow the violation of any environmental law, rule or regulation or without delay within sixty (60) days from the date of the submission of
commit any act resulting to environmental damage of such magnitude as the petition for resolution.
to prejudice the life, health or property of inhabitants in two or more cities
or provinces. Judgment
All defenses not raised in the return shall be deemed waived. The If warranted, the court shall grant the privilege of the writ of
return shall include affidavits of witnesses, documentary evidence, continuing mandamus requiring respondent to perform an act or series of
scientific or other expert studies, and if possible, object evidence, in acts until the judgment is fully satisfied and to grant such other reliefs as
support of the defense of the respondent. A general denial of allegations may be warranted resulting from the wrongful or illegal acts of the
in the petition shall be considered as an admission thereof. respondent. The court shall require the respondent to submit periodic
reports detailing the progress and execution of the judgment, and the court
Effect of failure to file return may, by itself or through a commissioner or the appropriate government
In case the respondent fails to file a return, the court shall proceed agency, evaluate and monitor compliance. The petitioner may submit its
to hear the petition ex parte. comments or observations on the execution of the judgment.

Hearing Return of the writ

Upon receipt of the return of the respondent, the court may call a The periodic reports submitted by the respondent detailing
preliminary conference to simplify the issues, determine the possibility of compliance with the judgment shall be contained in partial returns of the
obtaining stipulations or admissions from the parties, and set the petition writ. Upon full satisfaction of the judgment, a final return of the writ shall
for hearing. The hearing including the preliminary conference shall not be made to the court by the respondent. If the court finds that the
extend beyond sixty (60) days and shall be given the same priority as judgment has been fully implemented, the satisfaction of judgment shall
petitions for the writs of habeas corpus, amparo and habeas data. be entered in the court docket.

Contempt
The court may after hearing punish the respondent who refuses or
unduly delays the filing of a return, or who makes a false return, or any
person who disobeys or resists a lawful process or order of the court for
indirect contempt under Rule 71 of the Rules of Court.

Submission of case for decision; filing of memoranda

After hearing, the court shall issue an order submitting the case
for decision. The court may require the filing of memoranda and if
possible, in its electronic form, within a non-extendible period of thirty
(30) days from the date the petition is submitted for decision.
WRIT OF KALIKASAN ARTICLE II

Judgment Section 16. The State shall protect and advance the right of the
Within sixty (60) days from the time the petition is submitted for people to a balanced and healthful ecology in accord with the rhythm
decision, the court shall render judgment granting or denying the privilege and harmony of nature.
of the writ of kalikasan.
====================================================
Appeal
Within fifteen (15) days from the date of notice of the adverse
judgment or denial of motion for reconsideration, any party may appeal to
the Supreme Court under Rule 45 of the Rules of Court. The appeal may
raise questions of fact.

Institution of separate actions

The filing of a petition for the issuance of the writ of kalikasan
shall not preclude the filing of separate civil, criminal or administrative
actions.

==========================================================

The reliefs that may be granted under the writ are the following:

1. Directing respondent to permanently cease and desist from

committing acts or neglecting the performance of a duty in
violation of environmental laws resulting in environmental
destruction or damage;
2. Directing the respondent public official, government agency,
private person or entity to protect, preserve, rehabilitate or restore
the environment;
3. Directing the respondent public official, government agency,
private person or entity to monitor strict compliance with the
decision and orders of the court;
4. Directing the respondent public official, government agency, or
private person or entity to make periodic reports on the execution
of the final judgment; and
5. Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation,
rehabilitation or restoration of the environment, except the award
of damages to individual petitioners.