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Writ of Kalikasan
Writ of Kalikasan
(d) Directing the respondent public official, government agency, or private person or entity to make periodic reports on the
execution of the final judgment; and
(e) 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. (Emphasis
supplied.)
(3) WEST TOWER CONDOMINIUM PARTIES IN A WRIT OF KALIKASAN – LOCUS STANDI IS WAIVED IN A WRIT OF KALIKASAN
CORPORATION, on behalf of the Residents
of West Tower Condominium and in This is so considering that the FILING OF A PETITION FOR THE ISSUANCE OF A WRIT OF KALIKASAN under Sec. 1, Rule 745 of the
representation of Barangay Bangkal, and Rules of Procedure for Environmental Cases does not require that a petitioner be directly affected by an environmental
others, including minors and generations disaster. The RULE CLEARLY ALLOWS JURIDICAL PERSONS to file the petition on behalf of persons whose constitutional right to
yet unborn vs FIRST PHILIPPINE INDUSTRIAL a balanced and healthful ecology is violated, or threatened with violation.
CORPORATION, FIRST GEN CORPORATION
and their RESPECTIVE BOARD OF
DIRECTORS AND OFFICERS, JOHN DOES, and
RICHARD DOES, G.R. No. 194239
June 16, 2015
(4) LNL ARCHIPELAGO MINERALS, INC., vs. BURDEN OF PROOF IN A WRIT OF KALIKASAN
AGHAM PARTY LIST (represented by its
President Rep. Angelo B. Palmones), G.R. The Rules are clear that in a WRIT OF KALIKASAN PETITIONER has the burden to prove the (1) environmental law, rule or
No. 209165 regulation violated or threatened to be violated; (2) act or omission complained of; and (3) the environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.
PONENTE: CARPIO, J.:
Even the Annotation to the Rules of Procedure for Environmental Cases states that the MAGNITUDE OF ENVIRONMENTAL
DAMAGE is a condition sine qua non in a petition for the issuance of a Writ of Kalikasan and must be contained in the verified
petition.
SECTION 2(C), RULE 7, PART III OF THE RULES OF PROCEDURE FOR ENVIRONMENTAL CASES provides: Section 2. CONTENTS OF
THE PETITION. - The VERIFIED PETITION SHALL CONTAIN THE FOLLOWING: (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.