THE RULE ON THE WRIT OF AMPARO Supreme Court, or any justice of such courts. The c.

ce of such courts. The c. The right to life, liberty and security of the
writ shall be enforceable anywhere in the aggrieved party violated or threatened with
SECTION 1. Petition. – The petition for a writ of Philippines. violation by an unlawful act or omission of
amparo is a remedy available to any person whose the respondent, and how such threat or
right to life, liberty and security is violated or When issued by a Regional Trial Court or any judge violation is committed with the attendant
threatened with violation by an unlawful act or thereof, the writ shall be returnable before such circumstances detailed in supporting
omission of a public official or employee, or of a court or judge. affidavits;
private individual or entity.
When issued by the Sandiganbayan or the Court of d. The investigation conducted, if any,
The writ shall cover extralegal killings and enforced Appeals or any of their justices, it may be specifying the names, personal
disappearances or threats thereof. returnable before such court or any justice thereof, circumstances, and addresses of the
or to any Regional Trial Court of the place where investigating authority or individuals, as well
SEC. 2. Who May File. – The petition may be filed the threat, act or omission was committed or any of as the manner and conduct of the
by the aggrieved party or by any qualified person or its elements occurred. investigation, together with any report;
entity in the following order:
When issued by the Supreme Court or any of its e. The actions and recourses taken by the
a. Any member of the immediate family, justices, it may be returnable before such Court or petitioner to determine the fate or
namely: the spouse, children and parents of any justice thereof, or before the Sandiganbayan or whereabouts of the aggrieved party and the
the aggrieved party; the Court of Appeals or any of their justices, or to identity of the person responsible for the
any Regional Trial Court of the place where the threat, act or omission; and
b. Any ascendant, descendant or collateral threat, act or omission was committed or any of its
relative of the aggrieved party within the elements occurred. f. The relief prayed for.
fourth civil degree of consanguinity or
affinity, in default of those mentioned in the SEC. 4. No Docket Fees. – The petitioner shall be The petition may include a general prayer for other
preceding paragraph; or exempted from the payment of the docket and just and equitable reliefs.
other lawful fees when filing the petition. The court,
c. Any concerned citizen, organization, justice or judge shall docket the petition and act SEC. 6. Issuance of the Writ. – Upon the filing of
association or institution, if there is no upon it immediately. the petition, the court, justice or judge shall
known member of the immediate family or immediately order the issuance of the writ if on its
relative of the aggrieved party. SEC. 5. Contents of Petition. – The petition shall face it ought to issue. The clerk of court shall issue
be signed and verified and shall allege the the writ under the seal of the court; or in case of
The filing of a petition by the aggrieved party following: urgent necessity, the justice or the judge may issue
suspends the right of all other authorized parties to the writ under his or her own hand, and may
file similar petitions. Likewise, the filing of the a. The personal circumstances of the deputize any officer or person to serve it.
petition by an authorized party on behalf of the petitioner;
aggrieved party suspends the right of all others, The writ shall also set the date and time for
observing the order established herein. b. The name and personal circumstances of the summary hearing of the petition which shall not be
respondent responsible for the threat, act or later than seven (7) days from the date of its
SEC. 3. Where to File. – The petition may be filed omission, or, if the name is unknown or issuance.
on any day and at any time with the Regional Trial uncertain, the respondent may be described
Court of the place where the threat, act or omission by an assumed appellation; SEC. 7. Penalty for Refusing to Issue or Serve
was committed or any of its elements occurred, or the Writ. – A clerk of court who refuses to issue
with the Sandiganbayan, the Court of Appeals, the the writ after its allowance, or a deputized person
who refuses to serve the same, shall be punished of the person identified in the petition d. Motion for a bill of particulars;
by the court, justice or judge for contempt without which may aid in the prosecution of
prejudice to other disciplinary actions. the person or persons responsible; e. Counterclaim or cross-claim;

SEC. 8. How the Writ is Served. – The writ shall iii. to identify witnesses and obtain f. Third-party complaint;
be served upon the respondent by a judicial officer statements from them concerning the
or by a person deputized by the court, justice or death or disappearance; g. Reply;
judge who shall retain a copy on which to make a
return of service. In case the writ cannot be served iv. to determine the cause, manner, h. Motion to declare respondent in default;
personally on the respondent, the rules on location and time of death or
substituted service shall apply. disappearance as well as any pattern
i. Intervention;
or practice that may have brought
SEC. 9. Return; Contents. – Within seventy-two about the death or disappearance;
(72) hours after service of the writ, the respondent j. Memorandum;
shall file a verified written return together with v. to identify and apprehend the person
supporting affidavits which shall, among other or persons involved in the death or k. Motion for reconsideration of interlocutory
things, contain the following: disappearance; and orders or interim relief orders; and

a. The lawful defenses to show that the vi. to bring the suspected offenders l. Petition for certiorari, mandamus or
respondent did not violate or threaten with before a competent court. prohibition against any interlocutory order.
violation the right to life, liberty and security
of the aggrieved party, through any act or The return shall also state other matters relevant to SEC. 12. Effect of Failure to File Return. — In
omission; the investigation, its resolution and the prosecution case the respondent fails to file a return, the court,
of the case. justice or judge shall proceed to hear the petition
b. The steps or actions taken by the ex parte.
respondent to determine the fate or A general denial of the allegations in the petition
whereabouts of the aggrieved party and the shall not be allowed. SEC. 13. Summary Hearing. — The hearing on
person or persons responsible for the threat, the petition shall be summary. However, the court,
act or omission; justice or judge may call for a preliminary
SEC. 10. Defenses not Pleaded Deemed
conference to simplify the issues and determine the
Waived. — All defenses shall be raised in the
c. All relevant information in the possession of possibility of obtaining stipulations and admissions
return, otherwise, they shall be deemed waived.
the respondent pertaining to the threat, act from the parties.
or omission against the aggrieved party; and
SEC. 11. Prohibited Pleadings and Motions. –
The hearing shall be from day to day until
The following pleadings and motions are prohibited:
d. If the respondent is a public official or completed and given the same priority as petitions
employee, the return shall further state the for habeas corpus.
a. Motion to dismiss;
actions that have been or will still be taken:
SEC. 14. Interim Reliefs. — Upon filing of the
b. Motion for extension of time to file return, petition or at anytime before final judgment, the
i. to verify the identity of the aggrieved
opposition, affidavit, position paper and court, justice or judge may grant any of the
party;
other pleadings; following reliefs:
ii. to recover and preserve evidence
c. Dilatory motion for postponement;
related to the death or disappearance
(a) Temporary Protection Order. – The court, If the motion is opposed on the ground of The court, justice or judge shall prescribe
justice or judge, upon motion or motu national security or of the privileged nature other conditions to protect the constitutional
proprio, may order that the petitioner or the of the information, the court, justice or rights of all the parties.
aggrieved party and any member of the judge may conduct a hearing in chambers to
immediate family be protected in a determine the merit of the opposition. (d) Witness Protection Order. – The court,
government agency or by an accredited justice or judge, upon motion or motu
person or private institution capable of The movant must show that the inspection proprio, may refer the witnesses to the
keeping and securing their safety. If the order is necessary to establish the right of Department of Justice for admission to the
petitioner is an organization, association or the aggrieved party alleged to be threatened Witness Protection, Security and Benefit
institution referred to in Section 3(c) of this or violated. Program, pursuant to Republic Act No. 6981.
Rule, the protection may be extended to the
officers involved. The inspection order shall specify the person The court, justice or judge may also refer
or persons authorized to make the the witnesses to other government agencies,
The Supreme Court shall accredit the inspection and the date, time, place and or to accredited persons or private
persons and private institutions that shall manner of making the inspection and may institutions capable of keeping and securing
extend temporary protection to the prescribe other conditions to protect the their safety.
petitioner or the aggrieved party and any constitutional rights of all parties. The order
member of the immediate family, in shall expire five (5) days after the date of its Note: Temporary Protection order and witness
accordance with guidelines which it shall issuance, unless extended for justifiable protection order may be granted by the court motu
issue. reasons. proprio.

The accredited persons and private (c) Production Order. – The court, justice or SEC. 15. Availability of Interim Reliefs to
institutions shall comply with the rules and judge, upon verified motion and after due Respondent. – Upon verified motion of the
conditions that may be imposed by the hearing, may order any person in respondent and after due hearing, the court, justice
court, justice or judge. possession, custody or control of any or judge may issue an inspection order or
designated documents, papers, books, production order under paragraphs (b) and (c) of
(b) Inspection Order. — The court, justice or accounts, letters, photographs, objects or the preceding section.
judge, upon verified motion and after due tangible things, or objects in digitized or
hearing, may order any person in possession electronic form, which constitute or contain A motion for inspection order under this section
or control of a designated land or other evidence relevant to the petition or the shall be supported by affidavits or testimonies of
property, to permit entry for the purpose of return, to produce and permit their witnesses having personal knowledge of the
inspecting, measuring, surveying, or inspection, copying or photographing by or defenses of the respondent.
photographing the property or any relevant on behalf of the movant.
object or operation thereon.
SEC. 16. Contempt. – The court, justice or judge
The motion may be opposed on the ground may order the respondent who refuses to make a
The motion shall state in detail the place or of national security or of the privileged return, or who makes a false return, or any person
places to be inspected. It shall be supported nature of the information, in which case the who otherwise disobeys or resists a lawful process
by affidavits or testimonies of witnesses court, justice or judge may conduct a or order of the court to be punished for contempt.
having personal knowledge of the enforced hearing in chambers to determine the merit The contemnor may be imprisoned or imposed a
disappearance or whereabouts of the of the opposition. fine.
aggrieved party.
SEC. 17. Burden of Proof and Standard of A periodic review of the archived cases shall be SEC. 24. Substantive Rights. — This Rule shall
Diligence Required. – The parties shall establish made by the amparo court that shall, motu proprio not diminish, increase or modify substantive rights
their claims by substantial evidence. or upon motion by any party, order their revival recognized and protected by the Constitution.
when ready for further proceedings. The petition
The respondent who is a private individual or entity shall be dismissed with prejudice upon failure to SEC. 25. Suppletory Application of the Rules of
must prove that ordinary diligence as required by prosecute the case after the lapse of two (2) years Court. – The Rules of Court shall apply suppletorily
applicable laws, rules and regulations was observed from notice to the petitioner of the order archiving insofar as it is not inconsistent with this Rule.
in the performance of duty. the case.
SEC. 26. Applicability to Pending Cases. – This
The respondent who is a public official or employee The clerks of court shall submit to the Office of the Rule shall govern cases involving extralegal killings
must prove that extraordinary diligence as required Court Administrator a consolidated list of archived and enforced disappearances or threats thereof
by applicable laws, rules and regulations was cases under this Rule not later than the first week pending in the trial and appellate courts.
observed in the performance of duty. of January of every year.
SEC. 27. Effectivity. – This Rule shall take effect
The respondent public official or employee cannot SEC. 21. Institution of Separate Actions. — This on October 24, 2007, following its publication in
invoke the presumption that official duty has been Rule shall not preclude the filing of separate three (3) newspapers of general circulation.
regularly performed to evade responsibility or criminal, civil or administrative actions.
liability.
SEC. 22. Effect of Filing of a Criminal Action. –
SEC. 18. Judgment. — The court shall render When a criminal action has been commenced, no
judgment within ten (10) days from the time the separate petition for the writ shall be filed. The
petition is submitted for decision. If the allegations reliefs under the writ shall be available by motion in
in the petition are proven by substantial evidence, the criminal case.
the court shall grant the privilege of the writ and
such reliefs as may be proper and appropriate; The procedure under this Rule shall govern the
otherwise, the privilege shall be denied. disposition of the reliefs available under the writ of
amparo.
SEC. 19. Appeal. – Any party may appeal from the
final judgment or order to the Supreme Court under SEC. 23. Consolidation. – When a criminal action
Rule 45. The appeal may raise questions of fact or is filed subsequent to the filing of a petition for the
law or both. writ, the latter shall be consolidated with the
criminal action.
The period of appeal shall be five (5) working days
from the date of notice of the adverse judgment. When a criminal action and a separate civil action
are filed subsequent to a petition for a writ of
The appeal shall be given the same priority as in amparo, the latter shall be consolidated with the
habeas corpus cases. criminal action.

SEC. 20. Archiving and Revival of Cases. – The After consolidation, the procedure under this Rule
court shall not dismiss the petition, but shall archive shall continue to apply to the disposition of the
it, if upon its determination it cannot proceed for a reliefs in the petition.
valid cause such as the failure of petitioner or
witnesses to appear due to threats on their lives.
THE RULE ON THE WRIT OF HABEAS DATA over the place where the data or information is
gathered, collected or stored, at the option of the
SECTION 1. Habeas Data. - The writ of habeas petitioner.
data is a remedy available to any person whose
right to privacy in life, liberty or security is violated The petition may also be filed with the Supreme
or threatened by an unlawful act or omission of a Court or the Court of Appeals or the Sandiganbayan
public official or employee, or of a private individual when the action concerns public data files of
or entity engaged in the gathering, collecting or government offices.
storing of data or information regarding the person,
family, home and correspondence of the aggrieved SEC. 4. Where Returnable; Enforceable. - When
party. the writ is issued by a Regional Trial Court or any
judge thereof, it shall be returnable before such
SEC. 2. Who May File. - Any aggrieved party may court or judge.
file a petition for the writ of habeas data. However,
in cases of extralegal killings and enforced When issued by the Court of Appeals or the
disappearances, the petition may be filed by: Sandiganbayan or any of its justices, it may be
returnable before such court or any justice thereof,
(a) Any member of the immediate family of or to any Regional Trial Court of the place where
the aggrieved party, namely: the spouse, the petitioner or respondent resides, or that which
children and parents; or has jurisdiction over the place where the data or
information is gathered, collected or stored.
(b) Any ascendant, descendant or collateral
relative of the aggrieved party within the When issued by the Supreme Court or any of its
fourth civil degree of consanguinity or justices, it may be returnable before such Court or
affinity, in default of those mentioned in the any justice thereof, or before the Court of Appeals
preceding paragraph; or or the Sandiganbayan or any of its justices, or to
any Regional Trial Court of the place where the
c) Any concerned citizen, organization, association petitioner or respondent resides, or that which has
or institution, if there is no known member of the jurisdiction over the place where the data or
immediate family or relative of the aggrieved party. information is gathered, collected or stored.

The filing of a petition by the aggrieved party The writ of habeas data shall be enforceable
suspends the right of all other authorized parties to anywhere in the Philippines.
file similar petitions. Likewise, the filing of the
petition by an authorized party on behalf of the Sec. 5. Docket Fees. - No docket and other lawful
aggrieved party suspends the right of all others, fees shall be required from an indigent petitioner.
observing the order established herein. The petition of the indigent shall be docked and
acted upon immediately, without prejudice to
subsequent submission of proof of indigency not
later than fifteen (15) days from the filing of the
SEC. 3. Where to File. - The petition may be filed petition.
with the Regional Trial Court where the petitioner or
respondent resides, or that which has jurisdiction
SEC. 6. Petition. - A verified written petition for a later than ten (10) work days from the date of its and confidentiality of the data or
writ of habeas data should contain: issuance. information; and,

(a) The personal circumstances of the SEC. 8. Penalty for Refusing to Issue or Serve (iii) the currency and accuracy of the
petitioner and the respondent; the Writ. - A clerk of court who refuses to issue the data or information held; and,
writ after its allowance, or a deputized person who
(b) The manner the right to privacy is refuses to serve the same, shall be punished by the (c) Other allegations relevant to the
violated or threatened and how it affects the court, justice or judge for contempt without resolution of the proceeding.
right to life, liberty or security of the prejudice to other disciplinary actions.
aggrieved party; A general denial of the allegations in the petition
SEC. 9. How the Writ is Served. - The writ shall shall not be allowed.
(c) The actions and recourses taken by the be served upon the respondent by a judicial officer
petitioner to secure the data or information; or by a person deputized by the court, justice or SEC. 11. Contempt. - The court, justice or judge
judge who shall retain a copy on which to make a may punish with imprisonment or fine a respondent
(d) The location of the files, registers or return of service. In case the writ cannot be served who commits contempt by making a false return, or
databases, the government office, and the personally on the respondent, the rules on refusing to make a return; or any person who
person in charge, in possession or in control substituted service shall apply. otherwise disobeys or resist a lawful process or
of the data or information, if known; order of the court.
SEC. 10. Return; Contents. - The respondent
(e) The reliefs prayed for, which may include shall file a verified written return together with SEC. 12. When Defenses May be Heard in
the updating, rectification, suppression or supporting affidavits within five (5) working days Chambers. - A hearing in chambers may be
destruction of the database or information or from service of the writ, which period may be conducted where the respondent invokes the
files kept by the respondent. reasonably extended by the Court for justifiable defense that the release of the data or information
reasons. The return shall, among other things, in question shall compromise national security or
contain the following: state secrets, or when the data or information
      In case of threats, the relief may include
a prayer for an order enjoining the act cannot be divulged to the public due to its nature or
complained of; and (a) The lawful defenses such as national privileged character.
security, state secrets, privileged
communications, confidentiality of the Sec. 13. Prohibited Pleadings and Motions. - The
(f) Such other relevant reliefs as are just
source of information of media and others; following pleadings and motions are prohibited:
and equitable.

(b) In case of respondent in charge, in (a) Motion to dismiss;

SEC. 7. Issuance of the Writ. - Upon the filing of
possession or in control of the data or
the petition, the court, justice or judge shall
information subject of the petition;
immediately order the issuance of the writ if on its (b) Motion for extension of time to file
face it ought to issue. The clerk of court shall issue return, opposition, affidavit, position paper
the writ under the seal of the court and cause it to (i) a disclosure of the data or and other pleadings;
be served within three (3) days from the issuance; information about the petitioner, the
or, in case of urgent necessity, the justice or judge nature of such data or information,
(c) Dilatory motion for postponement;
may issue the writ under his or her own hand, and and the purpose for its collection;
may deputize any officer or person serve it. (d) Motion for a bill of particulars;
(ii) the steps or actions taken by the
The writ shall also set the date and time for respondent to ensure the security
(e) Counterclaim or cross-claim;
summary hearing of the petition which shall not be
 (f) Third-party complaint; Upon its finality, the judgment shall be enforced by SEC. 21. Consolidation. - When a criminal action
the sheriff or any lawful officers as may be is filed subsequent to the filing of a petition for the
(g) Reply; designated by the court, justice or judge within five writ, the latter shall be consolidated with the
(5) working days. criminal action.
(h) Motion to declare respondent in default;
SEC. 17. Return of Service. - The officer who When a criminal action and a separate civil action
(i) Intervention; executed the final judgment shall, within three (3) are filed subsequent to a petition for a writ
days from its enforcement, make a verified return of habeas data, the petition shall be consolidated
to the court. The return shall contain a full with the criminal action.
(j) Memorandum;
statement of the proceedings under the writ and a
complete inventory of the database or information, After consolidation, the procedure under this Rule
(k) Motion for reconsideration of or documents and articles inspected, updated, shall continue to govern the disposition of the
interlocutory orders or interim relief orders; rectified, or deleted, with copies served on the reliefs in the petition.
and petitioner and the respondent.
SEC. 22. Effect of Filing of a Criminal Action. -
(l) Petition for certiorari, mandamus or The officer shall state in the return how the When a criminal action has been commenced, no
prohibition against any interlocutory order. judgment was enforced and complied with by the separate petition for the writ shall be filed. The
respondent, as well as all objections of the parties relief under the writ shall be available to an
SEC. 14. Return; Filing. - In case the respondent regarding the manner and regularity of the service aggrieved party by motion in the criminal case.
fails to file a return, the court, justice or judge shall of the writ.
proceed to hear the petition ex parte, granting the
The procedure under this Rule shall govern the
petitioner such relief as the petition may warrant SEC. 18. Hearing on Officer’s Return. - The disposition of the reliefs available under the writ
unless the court in its discretion requires the court shall set the return for hearing with due of habeas data.
petitioner to submit evidence. notice to the parties and act accordingly.
SEC. 23. Substantive Rights. - This Rule shall not
SEC. 15. Summary Hearing. - The hearing on the SEC. 19. Appeal. - Any party may appeal from the diminish, increase or modify substantive rights.
petition shall be summary. However, the court, final judgment or order to the Supreme Court under
justice or judge may call for a preliminary Rule 45. The appeal may raise questions of fact or
conference to simplify the issues and determine the SEC. 24. Suppletory Application of the Rules of
law or both. Court. - The Rules of Court shall apply suppletorily
possibility of obtaining stipulations and admissions
from the parties. insofar as it is not inconsistent with this Rule.
The period of appeal shall be five (5) working days
from the date of notice of the judgment or final SEC. 25. Effectivity. - This Rule shall take effect
SEC. 16. Judgment. - The court shall render order.
judgment within ten (10) days from the time the on February 2, 2008, following its publication in
petition is submitted for decision. If the allegations three (3) newspapers of general circulation.
The appeal shall be given the same priority as
in the petition are proven by substantial evidence,
in habeas corpus and amparo cases.
the court shall enjoin the act complained of, or
order the deletion, destruction, or rectification of
the erroneous data or information and grant other SEC. 20. Institution of Separate Actions. - The
relevant reliefs as may be just and equitable; filing of a petition for the writ of habeas data shall
otherwise, the privilege of the writ shall be denied. not preclude the filing of separate criminal, civil or
administrative actions.
 (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,
PART I in Plazas, Parks, School Premises or in any
Other Public Ground;
RULE 1
GENERAL PROVISIONS (j) R.A. No. 4850, Laguna Lake Development
Authority Act;
Section 1. Title. — These Rules shall be known as
"The Rules of Procedure for Environmental Cases." (k) R.A. No. 6969, Toxic Substances and
Hazardous Waste Act;
Section 2. Scope. — These Rules shall govern the
procedure in civil, criminal and special civil actions (l) R.A. No. 7076, People’s Small-Scale
before the Regional Trial Courts, Metropolitan Trial Mining Act;
Courts, Municipal Trial Courts in Cities, Municipal
Trial Courts and Municipal Circuit Trial Courts
(m) R.A. No. 7586, National Integrated
involving enforcement or violations of
Protected Areas System Act including all
environmental and other related laws, rules and
laws, decrees, orders, proclamations and
regulations such as but not limited to the following:
issuances establishing protected areas;

(a) Act No. 3572, Prohibition Against Cutting

(n) R.A. No. 7611, Strategic Environmental
of Tindalo, Akli, and Molave Trees;
Plan for Palawan Act;
 (o) R.A. No. 7942, Philippine Mining Act; Philippine Biofuels Act; and other existing laws that (c) Continuing mandamus is a writ issued by
relate to the conservation, development, a court in an environmental case directing
(p) R.A. No. 8371, Indigenous Peoples preservation, protection and utilization of the any agency or instrumentality of the
Rights Act; environment and natural resources. government or officer thereof to perform an
act or series of acts decreed by final
(q) R.A. No. 8550, Philippine Fisheries Code; Section 3. Objectives. - The objectives of these judgment which shall remain effective until
Rules are: judgment is fully satisfied.
(r) R.A. No. 8749, Clean Air Act;
(a) To protect and advance the constitutional (d) Environmental protection order (EPO)
right of the people to a balanced and refers to an order issued by the court
(s) R.A. No. 9003, Ecological Solid Waste
healthful ecology; directing or enjoining any person or
Management Act;
government agency to perform or desist
(b) To provide a simplified, speedy and from performing an act in order to protect,
(t) R.A. No. 9072, National Caves and Cave preserve or rehabilitate the environment.
Resource Management Act; inexpensive procedure for the enforcement
of environmental rights and duties
recognized under the Constitution, existing (e) Mineral refers to all naturally occurring
(u) R.A. No. 9147, Wildlife Conservation and inorganic substance in solid, gas, liquid, or
laws, rules and regulations, and international
Protection Act; any intermediate state excluding energy
agreements;
materials such as coal, petroleum, natural
(v) R.A. No. 9175, Chainsaw Act; gas, radioactive materials and geothermal
(c) To introduce and adopt innovations and
best practices ensuring the effective energy.
(w) R.A. No. 9275, Clean Water Act; enforcement of remedies and redress for
violation of environmental laws; and (f) Precautionary principle states that when
(x) R.A. No. 9483, Oil Spill Compensation human activities may lead to threats of
Act of 2007; and (d) To enable the courts to monitor and serious and irreversible damage to the
exact compliance with orders and judgments environment that is scientifically plausible
(y) Provisions in C.A. No. 141, The Public in environmental cases. but uncertain, actions shall be taken to avoid
Land Act; R.A. No. 6657, Comprehensive or diminish that threat.
Agrarian Reform Law of 1988; R.A. No. Section 4. Definition of Terms. -
7160, Local Government Code of 1991; R.A. (g) Strategic lawsuit against public
No. 7161, Tax Laws Incorporated in the participation (SLAPP) refers to an action
(a) By-product or derivatives means any
Revised Forestry Code and Other whether civil, criminal or administrative,
part taken or substance extracted from
Environmental Laws (Amending the NIRC); brought against any person, institution or
wildlife, in raw or in processed form
R.A. No. 7308, Seed Industry Development any government agency or local government
including stuffed animals and herbarium
Act of 1992; R.A. No. 7900, High-Value unit or its officials and employees, with the
specimens. 1avvphi1
Crops Development intent to harass, vex, exert undue pressure
or stifle any legal recourse that such person,
(b) Consent decree refers to a judicially- institution or government agency has taken
Rules of Procedure for Environmental Cases
approved settlement between concerned or may take in the enforcement of
Act; R.A. No. 8048, Coconut Preservation Act; R.A.
parties based on public interest and public environmental laws, protection of the
No. 8435, Agriculture and Fisheries Modernization
policy to protect and preserve the environment or assertion of environmental
Act of 1997; R.A. No. 9522, The Philippine
environment. rights.
Archipelagic Baselines Law; R.A. No. 9593,
Renewable Energy Act of 2008; R.A. No. 9637,
 (h) Wildlife means wild forms and varieties Section 3. Verified complaint. — The verified Section 6. Service of the complaint on the
of flora and fauna, in all developmental complaint shall contain the names of the parties, government or its agencies. - Upon the filing of the
stages including those which are in captivity their addresses, the cause of action and the reliefs complaint, the plaintiff is required to furnish the
or are being bred or propagated. prayed for. government or the appropriate agency, although
not a party, a copy of the complaint. Proof of
PART II The plaintiff shall attach to the verified complaint all service upon the government or the appropriate
CIVIL PROCEDURE evidence proving or supporting the cause of action agency shall be attached to the complaint.
consisting of the affidavits of witnesses,
RULE 2 documentary evidence and if possible, object Section 7. Assignment by raffle. - If there is only
PLEADINGS AND PARTIES evidence. The affidavits shall be in question and one (1) designated branch in a multiple-sala court,
answer form and shall comply with the rules of the executive judge shall immediately refer the case
Section 1. Pleadings and motions allowed. — The admissibility of evidence. to said branch. If there are two (2) or more
pleadings and motions that may be filed are designated branches, the executive judge shall
complaint, answer which may include compulsory The complaint shall state that it is an environmental conduct a special raffle on the day the complaint is
counterclaim and cross-claim, motion for case and the law involved. The complaint shall also filed.
intervention, motion for discovery and motion for include a certification against forum shopping. If the
reconsideration of the judgment. complaint is not an environmental complaint, the Section 8. Issuance of Temporary Environmental
presiding judge shall refer it to the executive judge Protection Order (TEPO). - If it appears from the
Motion for postponement, motion for new trial and for re-raffle. verified complaint with a prayer for the issuance of
petition for relief from judgment shall be allowed in an Environmental Protection Order (EPO) that the
highly meritorious cases or to prevent a manifest Section 4. Who may file. — Any real party in matter is of extreme urgency and the applicant will
miscarriage of justice. interest, including the government and juridical suffer grave injustice and irreparable injury, the
entities authorized by law, may file a civil action executive judge of the multiple-sala court before
involving the enforcement or violation of any raffle or the presiding judge of a single-sala court
Section 2. Prohibited pleadings or motions. — The
environmental law. as the case may be, may issue ex parte a TEPO
following pleadings or motions shall not be allowed:
effective for only seventy-two (72) hours from date
Section 5. Citizen suit. — Any Filipino citizen in of the receipt of the TEPO by the party or person
(a) Motion to dismiss the complaint; enjoined. Within said period, the court where the
representation of others, including minors or
generations yet unborn, may file an action to case is assigned, shall conduct a summary hearing
(b) Motion for a bill of particulars; to determine whether the TEPO may be extended
enforce rights or obligations under environmental
laws. Upon the filing of a citizen suit, the court shall until the termination of the case.
(c) Motion for extension of time to file issue an order which shall contain a brief
pleadings, except to file answer, the description of the cause of action and the reliefs The court where the case is assigned, shall
extension not to exceed fifteen (15) days; prayed for, requiring all interested parties to periodically monitor the existence of acts that are
manifest their interest to intervene in the case the subject matter of the TEPO even if issued by the
(d) Motion to declare the defendant in within fifteen (15) days from notice thereof. The executive judge, and may lift the same at any time
default; plaintiff may publish the order once in a newspaper as circumstances may warrant.
of a general circulation in the Philippines or furnish
(e) Reply and rejoinder; and all affected barangays copies of said order. The applicant shall be exempted from the posting of
a bond for the issuance of a TEPO.
(f) Third party complaint. Citizen suits filed under R.A. No. 8749 and R.A. No.
9003 shall be governed by their respective Section 9. Action on motion for dissolution of
provisions. TEPO. - The grounds for motion to dissolve a TEPO
shall be supported by affidavits of the party or reasons, by the counsel or representative of the the period provided, the court shall declare
person enjoined which the applicant may oppose, plaintiff or any suitable person authorized or defendant in default and upon motion of the
also by affidavits. deputized by the court issuing the summons. plaintiff, shall receive evidence ex parte and render
judgment based thereon and the reliefs prayed for.
The TEPO may be dissolved if it appears after Any private person who is authorized or deputized
hearing that its issuance or continuance would by the court to serve summons, orders and other RULE 3
cause irreparable damage to the party or person court processes shall for that purpose be considered PRE-TRIAL
enjoined while the applicant may be fully an officer of the court.
compensated for such damages as he may suffer Section 1. Notice of pre-trial. - Within two (2) days
and subject to the posting of a sufficient bond by The summons shall be served on the defendant, from the filing of the answer to the counterclaim or
the party or person enjoined. together with a copy of an order informing all cross-claim, if any, the branch clerk of court shall
parties that they have fifteen (15) days from the issue a notice of the pre-trial to be held not later
Section 10. Prohibition against temporary filing of an answer, within which to avail of than one (1) month from the filing of the last
restraining order (TRO) and preliminary interrogatories to parties under Rule 25 of the Rules pleading.
injunction. - Except the Supreme Court, no court of Court and request for admission by adverse party
can issue a TRO or writ of preliminary injunction under Rule 26, or at their discretion, make use of The court shall schedule the pre-trial and set as
against lawful actions of government agencies that depositions under Rule 23 or other measures under many pre-trial conferences as may be necessary
enforce environmental laws or prevent violations Rules 27 and 28. within a period of two (2) months counted from the
thereof. date of the first pre-trial conference.
Should personal and substituted service fail,
Section 11. Report on TEPO, EPO, TRO or summons by publication shall be allowed. In the Section 2. Pre-trial brief. - At least three (3) days
preliminary injunction. - The judge shall report any case of juridical entities, summons by publication before the pretrial, the parties shall submit pre-trial
action taken on a TEPO, EPO, TRO or a preliminary shall be done by indicating the names of the officers briefs containing the following:
injunction, including its modification and or their duly authorized representatives.
dissolution, to the Supreme Court, through the (a) A statement of their willingness to enter
Office of the Court Administrator, within ten (10) Section 14. Verified answer. - Within fifteen (15) into an amicable settlement indicating the
days from the action taken. days from receipt of summons, the defendant shall desired terms thereof or to submit the case
file a verified answer to the complaint and serve a to any of the alternative modes of dispute
Section 12. Payment of filing and other legal copy thereof on the plaintiff. The defendant shall resolution;
fees. - The payment of filing and other legal fees by attach affidavits of witnesses, reports, studies of
the plaintiff shall be deferred until after judgment experts and all evidence in support of the defense. (b) A summary of admitted facts and
unless the plaintiff is allowed to litigate as an proposed stipulation of facts;
indigent. It shall constitute a first lien on the Affirmative and special defenses not pleaded shall
judgment award. be deemed waived, except lack of jurisdiction. (c) The legal and factual issues to be tried or
resolved. For each factual issue, the parties
For a citizen suit, the court shall defer the payment Cross-claims and compulsory counterclaims not shall state all evidence to support their
of filing and other legal fees that shall serve as first asserted shall be considered barred. The answer to positions thereon. For each legal issue,
lien on the judgment award. counterclaims or cross-claims shall be filed and parties shall state the applicable law and
served within ten (10) days from service of the jurisprudence supporting their respective
Section 13. Service of summons, orders and other answer in which they are pleaded. positions thereon;
court processes. - The summons, orders and other
court processes may be served by the sheriff, his Section 15. Effect of failure to answer. - Should (d) The documents or exhibits to be
deputy or other proper court officer or for justifiable the defendant fail to answer the complaint within presented, including depositions, answers to
 interrogatories and answers to written pre-trial. Before the scheduled date of continuance, (i) To attach the minutes together with the
request for admission by adverse party, the court may refer the case to the branch clerk of marked exhibits before the pre-trial proper.
stating the purpose thereof; court for a preliminary conference for the following
purposes: The parties or their counsel must submit to the
(e) A manifestation of their having availed of branch clerk of court the names, addresses and
discovery procedures or their intention to (a) To assist the parties in reaching a contact numbers of the affiants.
avail themselves of referral to a settlement;
commissioner or panel of experts; During the preliminary conference, the branch clerk
(b) To mark the documents or exhibits to be of court shall also require the parties to submit the
(f) The number and names of the witnesses presented by the parties and copies thereof depositions taken under Rule 23 of the Rules of
and the substance of their affidavits; to be attached to the records after Court, the answers to written interrogatories under
comparison with the originals; Rule 25 and the answers to request for admissions
(g) Clarificatory questions from the parties; by the adverse party under Rule 26. The branch
and (c) To ascertain from the parties the clerk of court may also require the production of
undisputed facts and admissions on the documents or things requested by a party under
(h) List of cases arising out of the same facts genuineness and due execution of the Rule 27 and the results of the physical and mental
pending before other courts or documents marked as exhibits; examination of persons under Rule 28.
administrative agencies. Failure to comply
with the required contents of a pre-trial brief (d) To require the parties to submit the Section 5. Pre-trial conference; consent decree. -
may be a ground for contempt. depositions taken under Rule 23 of the Rules The judge shall put the parties and their counsels
of Court, the answers to written under oath, and they shall remain under oath in all
Failure to file the pre-trial brief shall have the same interrogatories under Rule 25, and the pre-trial conferences.
effect as failure to appear at the pre-trial. answers to request for admissions by the
adverse party under Rule 26; The judge shall exert best efforts to persuade the
Section 3. Referral to mediation. - At the start of parties to arrive at a settlement of the dispute. The
the pre-trial conference, the court shall inquire from (e) To require the production of documents judge may issue a consent decree approving the
the parties if they have settled the dispute; or things requested by a party under Rule 27 agreement between the parties in accordance with
otherwise, the court shall immediately refer the and the results of the physical and mental law, morals, public order and public policy to
parties or their counsel, if authorized by their examination of persons under Rule 28; protect the right of the people to a balanced and
clients, to the Philippine Mediation Center (PMC) healthful ecology.
unit for purposes of mediation. If not available, the (f) To consider such other matters as may
court shall refer the case to the clerk of court or aid in its prompt disposition; Evidence not presented during the pre-trial, except
legal researcher for mediation. newly-discovered evidence, shall be deemed
(g) To record the proceedings in the waived.
Mediation must be conducted within a non- "Minutes of Preliminary Conference" to be
extendible period of thirty (30) days from receipt of signed by both parties or their counsels; Section 6. Failure to settle. - If there is no full
notice of referral to mediation. settlement, the judge shall:
(h) To mark the affidavits of witnesses which
The mediation report must be submitted within ten shall be in question and answer form and (a) Adopt the minutes of the preliminary
(10) days from the expiration of the 30-day period. shall constitute the direct examination of the conference as part of the pre-trial
witnesses; and proceedings and confirm the markings of
Section 4. Preliminary conference. - If mediation exhibits or substituted photocopies and
fails, the court will schedule the continuance of the
admissions on the genuineness and due determining the facts to be proved by each stipulated, the admissions made, the evidence
execution of documents; witness and fixing the approximate number marked, the number of witnesses to be presented
of hours per witness; and the schedule of trial. Said order shall bind the
(b) Determine if there are cases arising out parties, limit the trial to matters not disposed of
of the same facts pending before other (k) Encourage referral of the case to a trial and control the course of action during the trial.
courts and order its consolidation if by commissioner under Rule 32 of the Rules
warranted; of Court or to a mediator or arbitrator under Section 10. Efforts to settle. - The court shall
any of the alternative modes of dispute endeavor to make the parties agree to compromise
(c) Determine if the pleadings are in order resolution governed by the Special Rules of or settle in accordance with law at any stage of the
and if not, order the amendments if Court on Alternative Dispute Resolution; proceedings before rendition of judgment.
necessary;
(l) Determine the necessity of engaging the RULE 4
(d) Determine if interlocutory issues are services of a qualified expert as a friend of TRIAL
involved and resolve the same; the court (amicus curiae); and
Section 1. Continuous trial. - The judge shall
(e) Consider the adding or dropping of (m) Ask parties to agree on the specific trial conduct continuous trial which shall not exceed two
parties; dates for continuous trial, comply with the (2) months from the date of the issuance of the
one-day examination of witness rule, adhere pre-trial order.
(f) Scrutinize every single allegation of the to the case flow chart determined by the
complaint, answer and other pleadings and court which shall contain the different stages Before the expiration of the two-month period, the
attachments thereto, and the contents of of the proceedings up to the promulgation of judge may ask the Supreme Court for the extension
documents and all other evidence identified the decision and use the time frame for each of the trial period for justifiable cause.
and pre-marked during pre-trial in stage in setting the trial dates.
determining further admissions; Section 2. Affidavits in lieu of direct examination. -
Section 7. Effect of failure to appear at pre-trial. - In lieu of direct examination, affidavits marked
(g) Obtain admissions based on the The court shall not dismiss the complaint, except during the pre-trial shall be presented as direct
affidavits of witnesses and evidence attached upon repeated and unjustified failure of the plaintiff examination of affiants subject to cross-
to the pleadings or submitted during pre- to appear. The dismissal shall be without prejudice,
trial; and the court may proceed with the counterclaim. examination by the adverse party.

(h) Define and simplify the factual and legal If the defendant fails to appear at the pre-trial, the Section 3. One-day examination of witness rule. -
issues arising from the pleadings and court shall receive evidence ex parte. The court shall strictly adhere to the rule that a
evidence. Uncontroverted issues and witness has to be fully examined in one (1) day,
frivolous claims or defenses should be Section 8. Minutes of pre-trial. - The minutes of subject to the court’s discretion of extending the
eliminated; each pre-trial conference shall contain matters examination for justifiable reason. After the
taken up therein, more particularly admissions of presentation of the last witness, only oral offer of
(i) Discuss the propriety of rendering a facts and exhibits, and shall be signed by the evidence shall be allowed, and the opposing party
summary judgment or a judgment based on parties and their counsel. shall immediately interpose his objections. The
the pleadings, evidence and admissions judge shall forthwith rule on the offer of evidence in
made during pre-trial; Section 9. Pre-trial order. - Within ten (10) days open court.
after the termination of the pre-trial, the court shall
(j) Observe the Most Important Witness Rule issue a pre-trial order setting forth the actions Section 4. Submission of case for decision; filing of
in limiting the number of witnesses, taken during the pre-trial conference, the facts memoranda. - After the last party has rested its
case, the court shall issue an order submitting the Section 3. Permanent EPO; writ of continuing the environment or assertion of environmental
case for decision. mandamus. - In the judgment, the court may rights shall be treated as a SLAPP and shall be
convert the TEPO to a permanent EPO or issue a governed by these Rules.
The court may require the parties to submit their writ of continuing mandamus directing the
respective memoranda, if possible in electronic performance of acts which shall be effective until Section 2. SLAPP as a defense; how alleged. - In a
form, within a non-extendible period of thirty (30) the judgment is fully satisfied. SLAPP filed against a person involved in the
days from the date the case is submitted for enforcement of environmental laws, protection of
decision. The court may, by itself or through the appropriate the environment, or assertion of environmental
government agency, monitor the execution of the rights, the defendant may file an answer
The court shall have a period of sixty (60) days to judgment and require the party concerned to interposing as a defense that the case is a SLAPP
decide the case from the date the case is submitted submit written reports on a quarterly basis or and shall be supported by documents, affidavits,
for decision. sooner as may be necessary, detailing the progress papers and other evidence; and, by way of
of the execution and satisfaction of the judgment. counterclaim, pray for damages, attorney’s fees and
Section 5. Period to try and decide. - The court The other party may, at its option, submit its costs of suit.
shall have a period of one (1) year from the filing of comments or observations on the execution of the
the complaint to try and decide the case. Before the judgment. The court shall direct the plaintiff or adverse party
expiration of the one-year period, the court may to file an opposition showing the suit is not a
petition the Supreme Court for the extension of the Section 4. Monitoring of compliance with judgment SLAPP, attaching evidence in support thereof, within
period for justifiable cause. and orders of the court by a commissioner. - The a non-extendible period of five (5) days from
court may motu proprio, or upon motion of the receipt of notice that an answer has been filed.
The court shall prioritize the adjudication of prevailing party, order that the enforcement of the
environmental cases. judgment or order be referred to a commissioner to The defense of a SLAPP shall be set for hearing by
be appointed by the court. The commissioner shall the court after issuance of the order to file an
file with the court written progress reports on a opposition within fifteen (15) days from filing of the
RULE 5
quarterly basis or more frequently when necessary. comment or the lapse of the period.
JUDGMENT AND EXECUTION

Section 5. Return of writ of execution. - The Section 3. Summary hearing. - The hearing on the
Section 1. Reliefs in a citizen suit. - If warranted,
process of execution shall terminate upon a defense of a SLAPP shall be summary in nature. The
the court may grant to the plaintiff proper reliefs
sufficient showing that the decision or order has parties must submit all available evidence in
which shall include the protection, preservation or
been implemented to the satisfaction of the court in support of their respective positions. The party
rehabilitation of the environment and the payment
accordance with Section 14, Rule 39 of the Rules of seeking the dismissal of the case must prove by
of attorney’s fees, costs of suit and other litigation
Court. substantial evidence that his act for the
expenses. It may also require the violator to submit
a program of rehabilitation or restoration of the enforcement of environmental law is a legitimate
environment, the costs of which shall be borne by RULE 6 action for the protection, preservation and
the violator, or to contribute to a special trust fund STRATEGIC LAWSUIT AGAINST PUBLIC rehabilitation of the environment. The party filing
for that purpose subject to the control of the court. PARTICIPATION the action assailed as a SLAPP shall prove by
preponderance of evidence that the action is not a
Section 1. Strategic lawsuit against public SLAPP and is a valid claim.
Section 2. Judgment not stayed by appeal. - Any
judgment directing the performance of acts for the participation (SLAPP). - A legal action filed to
protection, preservation or rehabilitation of the harass, vex, exert undue pressure or stifle any legal Section 4. Resolution of the defense of a SLAPP. -
environment shall be executory pending appeal recourse that any person, institution or the The affirmative defense of a SLAPP shall be
unless restrained by the appellate court. government has taken or may take in the resolved within thirty (30) days after the summary
enforcement of environmental laws, protection of hearing. If the court dismisses the action, the court
may award damages, attorney’s fees and costs of (c) The environmental law, rule or regulation (b) requiring the respondent to file a verified return
suit under a counterclaim if such has been filed. The violated or threatened to be violated, the act as provided in Section 8 of this Rule. The clerk of
dismissal shall be with prejudice. or omission complained of, and the court shall forthwith issue the writ under the seal of
environmental damage of such magnitude as the court including the issuance of a cease and
If the court rejects the defense of a SLAPP, the to prejudice the life, health or property of desist order and other temporary reliefs effective
evidence adduced during the summary hearing shall inhabitants in two or more cities or until further order.
be treated as evidence of the parties on the merits provinces.
of the case. The action shall proceed in accordance Section 6. How the writ is served. - The writ shall
with the Rules of Court. (d) All relevant and material evidence be served upon the respondent by a court officer or
consisting of the affidavits of witnesses, any person deputized by the court, who shall retain
PART III documentary evidence, scientific or other a copy on which to make a return of service. In
SPECIAL CIVIL ACTIONS expert studies, and if possible, object case the writ cannot be served personally, the rule
evidence; on substituted service shall apply.
RULE 7
WRIT OF KALIKASAN (e) The certification of petitioner under oath Section 7. Penalty for refusing to issue or serve
that: (1) petitioner has not commenced any the writ. - A clerk of court who unduly delays or
Section 1. Nature of the writ. - The writ is a action or filed any claim involving the same refuses to issue the writ after its allowance or a
remedy available to a natural or juridical person, issues in any court, tribunal or quasi-judicial court officer or deputized person who unduly delays
entity authorized by law, people’s organization, agency, and no such other action or claim is or refuses to serve the same shall be punished by
non-governmental organization, or any public pending therein; (2) if there is such other the court for contempt without prejudice to other
interest group accredited by or registered with any pending action or claim, a complete civil, criminal or administrative actions.
government agency, on behalf of persons whose statement of its present status; (3) if
constitutional right to a balanced and healthful petitioner should learn that the same or Section 8. Return of respondent; contents. - Within
ecology is violated, or threatened with violation by similar action or claim has been filed or is a non-extendible period of ten (10) days after
an unlawful act or omission of a public official or pending, petitioner shall report to the court service of the writ, the respondent shall file a
employee, or private individual or entity, involving that fact within five (5) days therefrom; and verified return which shall contain all defenses to
environmental damage of such magnitude as to show that respondent did not violate or threaten to
prejudice the life, health or property of inhabitants (f) The reliefs prayed for which may include violate, or allow the violation of any environmental
in two or more cities or provinces. a prayer for the issuance of a TEPO. law, rule or regulation or commit any act resulting
to environmental damage of such magnitude as to
Section 2. Contents of the petition. - The verified Section 3. Where to file. - The petition shall be prejudice the life, health or property of inhabitants
petition shall contain the following: filed with the Supreme Court or with any of the in two or more cities or provinces.
stations of the Court of Appeals.
(a) The personal circumstances of the All defenses not raised in the return shall be
petitioner; Section 4. No docket fees. - The petitioner shall be deemed waived.
exempt from the payment of docket
(b) The name and personal circumstances of The return shall include affidavits of witnesses,
the respondent or if the name and personal fees. documentary evidence, scientific or other expert
circumstances are unknown and uncertain, studies, and if possible, object evidence, in support
the respondent may be described by an Section 5. Issuance of the writ. - Within three (3) of the defense of the respondent.
assumed appellation; days from the date of filing of the petition, if the
petition is sufficient in form and substance, the A general denial of allegations in the petition shall
court shall give an order: (a) issuing the writ; and be considered as an admission thereof.
Section 9. Prohibited pleadings and motions. - The life, health or property of inhabitants in two date, time, place and manner of making the
following pleadings and motions are prohibited: or more cities or provinces. It shall state in inspection or production and may prescribe other
detail the place or places to be inspected. It conditions to protect the constitutional rights of all
(a) Motion to dismiss; shall be supported by affidavits of witnesses parties.
having personal knowledge of the violation
(b) Motion for extension of time to file or threatened violation of environmental law. Section 13. Contempt. - The court may after
return; hearing punish the respondent who refuses or
After hearing, the court may order any unduly delays the filing of a return, or who makes a
(c) Motion for postponement; person in possession or control of a false return, or any person who disobeys or resists
designated land or other property to permit a lawful process or order of the court for indirect
entry for the purpose of inspecting or contempt under Rule 71 of the Rules of Court.
(d) Motion for a bill of particulars;

photographing the property or any relevant Section 14. Submission of case for decision; filing
(e) Counterclaim or cross-claim;
object or operation thereon. of memoranda. - After hearing, the court shall issue
an order submitting the case for decision. The court
(f) Third-party complaint; may require the filing of memoranda and if
The order shall specify the person or persons
authorized to make the inspection and the possible, in its electronic form, within a non-
(g) Reply; and date, time, place and manner of making the extendible period of thirty (30) days from the date
inspection and may prescribe other the petition is submitted for decision.
(h) Motion to declare respondent in default. conditions to protect the constitutional rights
of all parties. Section 15. Judgment. - Within sixty (60) days
Section 10. Effect of failure to file return. - In case from the time the petition is submitted for decision,
the respondent fails to file a return, the court shall (b) Production or inspection of documents or the court shall render judgment granting or denying
proceed to hear the petition ex parte. things; order – The motion must show that a the privilege of the writ of kalikasan.
production order is necessary to establish
Section 11. Hearing. - Upon receipt of the return the magnitude of the violation or the threat The reliefs that may be granted under the writ are
of the respondent, the court may call a preliminary as to prejudice the life, health or property of the following:
conference to simplify the issues, determine the inhabitants in two or more cities or
possibility of obtaining stipulations or admissions provinces. (a) Directing respondent to permanently
from the parties, and set the petition for hearing. cease and desist from committing acts or
After hearing, the court may order any neglecting the performance of a duty in
The hearing including the preliminary conference person in possession, custody or control of violation of environmental laws resulting in
shall not extend beyond sixty (60) days and shall any designated documents, papers, books, environmental destruction or damage;
be given the same priority as petitions for the writs accounts, letters, photographs, objects or
of habeas corpus, amparo and habeas data. tangible things, or objects in digitized or (b) Directing the respondent public official,
electronic form, which constitute or contain government agency, private person or entity
Section 12. Discovery Measures. - A party may file evidence relevant to the petition or the to protect, preserve, rehabilitate or restore
a verified motion for the following reliefs: return, to produce and permit their the environment;
inspection, copying or photographing by or
(a) Ocular Inspection; order — The motion on behalf of the movant. (c) Directing the respondent public official,
must show that an ocular inspection order is government agency, private person or entity
necessary to establish the magnitude of the The production order shall specify the person or to monitor strict compliance with the
violation or the threat as to prejudice the persons authorized to make the production and the decision and orders of the court;
 (d) Directing the respondent public official, regulation, and praying that judgment be rendered Section 7. Judgment. - If warranted, the court
government agency, or private person or commanding the respondent to do an act or series shall grant the privilege of the writ of continuing
entity to make periodic reports on the of acts until the judgment is fully satisfied, and to mandamus requiring respondent to perform an act
execution of the final judgment; and pay damages sustained by the petitioner by reason or series of acts until the judgment is fully satisfied
of the malicious neglect to perform the duties of the and to grant such other reliefs as may be warranted
(e) Such other reliefs which relate to the respondent, under the law, rules or regulations. The resulting from the wrongful or illegal acts of the
right of the people to a balanced and petition shall also contain a sworn certification of respondent. The court shall require the respondent
healthful ecology or to the protection, non-forum shopping. to submit periodic reports detailing the progress
preservation, rehabilitation or restoration of and execution of the judgment, and the court may,
the Section 2. Where to file the petition. - The petition by itself or through a commissioner or the
shall be filed with the Regional Trial Court appropriate government agency, evaluate and
environment, except the award of damages exercising jurisdiction over the territory where the monitor compliance. The petitioner may submit its
to individual petitioners. actionable neglect or omission occurred or with the comments or observations on the execution of the
Court of Appeals or the Supreme Court. judgment.
Section 16. Appeal. - Within fifteen (15) days from
the date of notice of the adverse judgment or denial Section 3. No docket fees. - The petitioner shall be Section 8. Return of the writ. - The periodic
of motion for reconsideration, any party may appeal exempt from the payment of docket fees. reports submitted by the respondent detailing
to the Supreme Court under Rule 45 of the Rules of compliance with the judgment shall be contained in
Court. The appeal may raise questions of fact. Section 4. Order to comment. - If the petition is partial returns of the writ.
sufficient in form and substance, the court shall
Section 17. Institution of separate actions. - The issue the writ and require the respondent to Upon full satisfaction of the judgment, a final return
filing of a petition for the issuance of the writ of comment on the petition within ten (10) days from of the writ shall be made to the court by the
kalikasan shall not preclude the filing of separate receipt of a copy thereof. Such order shall be respondent. If the court finds that the judgment has
civil, criminal or administrative actions. served on the respondents in such manner as the been fully implemented, the satisfaction of
court may direct, together with a copy of the judgment shall be entered in the court docket.
RULE 8 petition and any annexes thereto.
WRIT OF CONTINUING MANDAMUS PART IV
Section 5. Expediting proceedings; TEPO. - The CRIMINAL PROCEDURE
Section 1. Petition for continuing mandamus. - court in which the petition is filed may issue such
When any agency or instrumentality of the orders to expedite the proceedings, and it may also RULE 9
government or officer thereof unlawfully neglects grant a TEPO for the preservation of the rights of PROSECUTION OF OFFENSES
the performance of an act which the law specifically the parties pending such proceedings.
enjoins as a duty resulting from an office, trust or Section 1. Who may file. - Any offended party,
station in connection with the enforcement or Section 6. Proceedings after comment is filed. - peace officer or any public officer charged with the
violation of an environmental law rule or regulation After the comment is filed or the time for the filing enforcement of an environmental law may file a
or a right therein, or unlawfully excludes another thereof has expired, the court may hear the case complaint before the proper officer in accordance
from the use or enjoyment of such right and there which shall be summary in nature or require the with the Rules of Court.
is no other plain, speedy and adequate remedy in parties to submit memoranda. The petition shall be
the ordinary course of law, the person aggrieved resolved without delay within sixty (60) days from Section 2. Filing of the information. - An
thereby may file a verified petition in the proper the date of the submission of the petition for information, charging a person with a violation of
court, alleging the facts with certainty, attaching resolution. an environmental law and subscribed by the
thereto supporting evidence, specifying that the prosecutor, shall be filed with the court.
petition concerns an environmental law, rule or
Section 3. Special prosecutor. - In criminal cases, (a) When, in his presence, the person to be whenever practicable, photograph the same
where there is no private offended party, a counsel arrested has committed, is actually in the presence of the person from whom
whose services are offered by any person or committing or is attempting to commit an such items were seized.
organization may be allowed by the court as special offense; or
prosecutor, with the consent of and subject to the (b) Thereafter, the apprehending officer shall
control and supervision of the public prosecutor. (b) When an offense has just been submit to the issuing court the return of the
committed, and he has probable cause to search warrant within five (5) days from
RULE 10 believe based on personal knowledge of date of seizure or in case of warrantless
PROSECUTION OF CIVIL ACTIONS facts or circumstances that the person to be arrest, submit within five (5) days from date
arrested has committed it. Individuals of seizure, the inventory report, compliance
Section 1. Institution of criminal and civil actions. - deputized by the proper government agency report, photographs, representative samples
When a criminal action is instituted, the civil action who are enforcing environmental laws shall and other pertinent documents to the public
for the recovery of civil liability arising from the enjoy the presumption of regularity under prosecutor for appropriate action.
offense charged, shall be deemed instituted with Section 3(m), Rule 131 of the Rules of Court
the criminal action unless the complainant waives when effecting arrests for violations of (c) Upon motion by any interested party, the
the civil action, reserves the right to institute it environmental laws. court may direct the auction sale of seized
separately or institutes the civil action prior to the items, equipment, paraphernalia, tools or
criminal action. Section 2. Warrant of arrest. - All warrants of instruments of the crime. The court shall,
arrest issued by the court shall be accompanied by after hearing, fix the minimum bid price
Unless the civil action has been instituted prior to a certified true copy of the information filed with the based on the recommendation of the
the criminal action, the reservation of the right to issuing court. concerned government agency. The sheriff
institute separately the civil action shall be made shall conduct the auction.
during arraignment. RULE 12
CUSTODY AND DISPOSITION OF SEIZED (d) The auction sale shall be with notice to
In case civil liability is imposed or damages are ITEMS, EQUIPMENT, the accused, the person from whom the
awarded, the filing and other legal fees shall be PARAPHERNALIA, CONVEYANCES AND items were seized, or the owner thereof and
imposed on said award in accordance with Rule 141 INSTRUMENTS the concerned government agency.
of the Rules of Court, and the fees shall constitute a
first lien on the judgment award. The damages Section 1. Custody and disposition of seized (e) The notice of auction shall be posted in
awarded in cases where there is no private offended items. - The custody and disposition of seized items three conspicuous places in the city or
party, less the filing fees, shall accrue to the funds shall be in accordance with the applicable laws or municipality where the items, equipment,
of the agency charged with the implementation of rules promulgated by the concerned government paraphernalia, tools or instruments of the
the environmental law violated. The award shall be agency. crime were seized.
used for the restoration and rehabilitation of the
environment adversely affected. Section 2. Procedure. - In the absence of (f) The proceeds shall be held in trust and
applicable laws or rules promulgated by the deposited with the government depository
RULE 11 concerned government agency, the following bank for disposition according to the
ARREST procedure shall be observed: judgment.

Section 1. Arrest without warrant; when lawful. - A (a) The apprehending officer having initial RULE 13
peace officer or an individual deputized by the custody and control of the seized items, PROVISIONAL REMEDIES
proper government agency may, without a warrant, equipment, paraphernalia, conveyances and
arrest a person: instruments shall physically inventory and
Section 1. Attachment in environmental cases. - guilty on behalf of the accused and to set Section 1. Setting of pre-trial conference. - After
The provisional remedy of attachment under Rule the case for trial; the arraignment, the court shall set the pre-trial
127 of the Rules of Court may be availed of in conference within thirty (30) days. It may refer the
environmental cases. (b) To appear whenever required by the case to the branch clerk of court, if warranted, for a
court where the case is pending; and preliminary conference to be set at least three (3)
Section 2. Environmental Protection Order (EPO); days prior to the pre-trial.
Temporary Environmental Protection Order (TEPO) (c) To waive the right of the accused to be
in criminal cases. - The procedure for and issuance present at the trial, and upon failure of the Section 2. Preliminary conference. - The
of EPO and TEPO shall be governed by Rule 2 of accused to appear without justification and preliminary conference shall be for the following
these Rules. despite due notice, the trial may proceed in purposes:
absentia.
RULE 14 (a) To assist the parties in reaching a
BAIL RULE 15 settlement of the civil aspect of the case;
ARRAIGNMENT AND PLEA
Section 1. Bail, where filed. - Bail in the amount (b) To mark the documents to be presented
fixed may be filed with the court where the case is Section 1. Arraignment. - The court shall set the as exhibits;
pending, or in the absence or unavailability of the arraignment of the accused within fifteen (15) days
judge thereof, with any regional trial judge, from the time it acquires jurisdiction over the (c) To attach copies thereof to the records
metropolitan trial judge, municipal trial judge or accused, with notice to the public prosecutor and after comparison with the originals;
municipal circuit trial judge in the province, city or offended party or concerned government agency
municipality. If the accused is arrested in a that it will entertain plea-bargaining on the date of (d) To ascertain from the parties the
province, city or municipality other than where the the arraignment. undisputed facts and admissions on the
case is pending, bail may also be filed with any genuineness and due execution of
Regional Trial Court of said place, or if no judge Section 2. Plea-bargaining. - On the scheduled documents marked as exhibits;
thereof is available, with any metropolitan trial date of arraignment, the court shall consider plea-
judge, municipal trial judge or municipal circuit trial bargaining arrangements. Where the prosecution (e) To consider such other matters as may
judge therein. If the court grants bail, the court and offended party or concerned government aid in the prompt disposition of the case;
may issue a hold-departure order in appropriate agency agree to the plea offered by the accused,
cases. the court shall: (f) To record the proceedings during the
preliminary conference in the Minutes of
Section 2. Duties of the court. - Before granting (a) Issue an order which contains the plea- Preliminary Conference to be signed by the
the application for bail, the judge must read the bargaining arrived at; parties and counsel;
information in a language known to and understood
by the accused and require the accused to sign a
(b) Proceed to receive evidence on the civil (g) To mark the affidavits of witnesses which
written undertaking, as follows:
aspect of the case, if any; and shall be in question and answer form and
shall constitute the direct examination of the
(a) To appear before the court that issued
(c) Render and promulgate judgment of witnesses; and
the warrant of arrest for arraignment
conviction, including the civil liability for
purposes on the date scheduled, and if the
damages. (h) To attach the Minutes and marked
accused fails to appear without justification
on the date of arraignment, accused waives exhibits to the case record before the pre-
the reading of the information and RULE 16 trial proper. The parties or their counsel
authorizes the court to enter a plea of not PRE-TRIAL must submit to the branch clerk of court the
 names, addresses and contact numbers of (f) Require the parties to submit to the Section 2. Affidavit in lieu of direct examination. -
the affiants. branch clerk of court the names, addresses Affidavit in lieu of direct examination shall be used,
and contact numbers of witnesses that need subject to cross-examination and the right to object
Section 3. Pre-trial duty of the judge. - During the to be summoned by subpoena; and to inadmissible portions of the affidavit.
pre-trial, the court shall:
(g) Consider modification of order of trial if Section 3. Submission of memoranda. - The court
(a) Place the parties and their counsels the accused admits the charge but may require the parties to submit their respective
under oath; interposes a lawful defense. memoranda and if possible, in electronic form,
within a non-extendible period of thirty (30) days
(b) Adopt the minutes of the preliminary Section 4. Manner of questioning. - All questions or from the date the case is submitted for decision.
conference as part of the pre-trial statements must be directed to the court.
proceedings, confirm markings of exhibits or With or without any memoranda filed, the court
substituted photocopies and admissions on Section 5. Agreements or admissions. - All shall have a period of sixty (60) days to decide the
the genuineness and due execution of agreements or admissions made or entered during case counted from the last day of the 30-day period
documents, and list object and testimonial the pre-trial conference shall be reduced in writing to file the memoranda.
evidence; and signed by the accused and counsel; otherwise,
they cannot be used against the accused. The Section 4. Disposition period. - The court shall
(c) Scrutinize the information and the agreements covering the matters referred to in dispose the case within a period of ten (10) months
statements in the affidavits and other Section 1, Rule 118 of the Rules of Court shall be from the date of arraignment.
documents which form part of the record of approved by the court.
the preliminary investigation together with Section 5. Pro bono lawyers. - If the accused
other documents identified and marked as Section 6. Record of proceedings. - All proceedings cannot afford the services of counsel or there is no
exhibits to determine further admissions of during the pre-trial shall be recorded, the available public attorney, the court shall require the
facts as to: transcripts prepared and the minutes signed by the Integrated Bar of the Philippines to provide pro
parties or their counsels. bono lawyers for the accused.
i. The court’s territorial jurisdiction
relative to the offense(s) charged; Section 7. Pre-trial order. - The court shall issue a RULE 18
pre-trial order within ten (10) days after the SUBSIDIARY LIABILITY
ii. Qualification of expert witnesses; termination of the pre-trial, setting forth the actions
and taken during the pre-trial conference, the facts Section 1. Subsidiary liability. - In case of
stipulated, the admissions made, evidence marked, conviction of the accused and subsidiary liability is
iii. Amount of damages; the number of witnesses to be presented and the allowed by law, the court may, by motion of the
schedule of trial. The order shall bind the parties person entitled to recover under judgment, enforce
and control the course of action during the trial. such subsidiary liability against a person or
(d) Define factual and legal issues;
corporation subsidiary liable under Article 102 and
RULE 17 Article 103 of the Revised Penal Code.
(e) Ask parties to agree on the specific trial
TRIAL
dates and adhere to the flow chart
determined by the court which shall contain RULE 19
the time frames for the different stages of Section 1. Continuous trial. - The court shall STRATEGIC LAWSUIT AGAINST PUBLIC
the proceeding up to promulgation of endeavor to conduct continuous trial which shall not PARTICIPATION IN CRIMINAL CASES
decision; exceed three (3) months from the date of the
issuance of the pre-trial order. Section 1. Motion to dismiss. - Upon the filing of
an information in court and before arraignment, the
accused may file a motion to dismiss on the ground The constitutional right of the people to a balanced
that the criminal action is a SLAPP. and healthful ecology shall be given the benefit of
the doubt.
Section 2. Summary hearing. - The hearing on the
defense of a SLAPP shall be summary in nature. The Section 2. Standards for application. - In applying
parties must submit all the available evidence in the precautionary principle, the following factors,
support of their respective positions. The party among others, may be considered: (1) threats to
seeking the dismissal of the case must prove by human life or health; (2) inequity to present or
substantial evidence that his acts for the future generations; or (3) prejudice to the
enforcement of environmental law is a legitimate environment without legal consideration of the
action for the protection, preservation and environmental rights of those affected.
rehabilitation of the environment. The party filing
the action assailed as a SLAPP shall prove by RULE 21
preponderance of evidence that the action is not a DOCUMENTARY EVIDENCE
SLAPP.
Section 1. Photographic, video and similar
Section 3. Resolution. - The court shall grant the evidence. - Photographs, videos and similar
motion if the accused establishes in the summary evidence of events, acts, transactions of wildlife,
hearing that the criminal case has been filed with wildlife by-products or derivatives, forest products
intent to harass, vex, exert undue pressure or stifle or mineral resources subject of a case shall be
any legal recourse that any person, institution or admissible when authenticated by the person who
the government has taken or may take in the took the same, by some other person present when
enforcement of environmental laws, protection of said evidence was taken, or by any other person
the environment or assertion of environmental competent to testify on the accuracy thereof.
rights.
Section 2. Entries in official records. - Entries in
If the court denies the motion, the court shall official records made in the performance of his duty
immediately proceed with the arraignment of the by a public officer of the Philippines, or by a person
accused. in performance of a duty specially enjoined by law,
are prima facie evidence of the facts therein stated.
PART V
EVIDENCE RULE 22
FINAL PROVISIONS
RULE 20
PRECAUTIONARY PRINCIPLE Section 1. Effectivity. - These Rules shall take
effect within fifteen (15) days following publication
Section 1. Applicability. - When there is a lack of once in a newspaper of general circulation.
full scientific certainty in establishing a causal link
between human activity and environmental effect, Section 2. Application of the Rules of Court. - The
the court shall apply the precautionary principle in Rules of Court shall apply in a suppletory manner,
resolving the case before it. except as otherwise provided herein.