Liberalized Locus Standi & Citizen's Suit

Highlights of the Rules
Liberalized Locus Standi &
Citizen’s Suit
Speedy Disposition of Cases
Special Civil Actions of
Continuing Mandamus &
Kalikasan
Consent Decree
EPO
Application of precautionary
principle
SLAPP

Laws/Rules Covered
Act No. 3572 - Prohibition
Against Cutting of Tindalo,
Akli, and Molave Trees
P.D. No. 705 - Revised Forestry
Code
P.D. No. 856 - Sanitation Code
P.D. No. 979 - Marine
Pollution Decree
P.D. No. 1067 - Water Code
P.D. No. 1151 - Philippine
Environmental Policy of 1977
P.D. No. 1433 - Plant
Quarantine Law of 1978

P.D. No. 1586 - Establishing an
Environmental Impact Statement
System Including Other
Environmental Management Related
Measures and for Other Purposes
R.A. No. 3571 - Prohibition Against the
Cutting, Destroying or Injuring of
Planted or Growing Trees, Flowering
Plants and Shrubs or Plants of Scenic
Value along Public Roads, in Plazas,
Parks, School Premises or in any
Other Public Ground
R.A. No. 4850 - Laguna Lake
Development Authority Act

R.A. No. 6969 - Toxic Substances
and Hazardous Waste Act
R.A. No. 7076 - People’s Small-
Scale Mining Act
R.A. No. 7586 - National
Integrated Protected Areas
System Act including all laws,
decrees, orders, proclamations
and issuances establishing
protected areas
R.A. No. 7611 -Strategic
Environmental Plan for Palawan
Act
R.A. No. 7942 - Philippine Mining
Act
R.A. No. 8371 - Indigenous
Peoples Rights Act

R.A. No. 8550 - Philippine Fisheries
Code
R.A. No. 8749 - Clean Air Act
R.A. No. 9003 - Ecological Solid
Waste Management Act
R.A. No. 9072 - National Caves and
Cave Resource Management Act
R.A. No. 9147 - Wildlife
Conservation and Protection Act
R.A. No. 9175 - Chainsaw Act
R.A. No. 9275- Clean Water Act
R.A. No. 9483 - Oil Spill
Compensation Act of 2007

Provisions in:
C.A. No. 141 - Public Land Act
R.A. No. 6657 - CARL
R.A. No. 7160 - Local
Government Code of 1991
R.A. No. 7161 - Tax Laws
Incorporated in the Revised
Forestry Code and Other
Environmental Laws
(Amending the NIRC)
R.A. No. 7308 - Seed Industry
Development Act of 1992
R.A. No. 7900 - High-Value
Crops Development Act

R.A. No. 8048 – Coconut
Preservation Act
R.A. No. 8435 - Agriculture and
Fisheries Modernization Act of
1997
R.A. No. 9522 - The Philippine
Archipelagic Baselines Law
R.A. No. 9593 - Renewable Energy
Act of 2008
R.A. No. 9637 - Philippine
Biofuels Act
Other existing laws that relate to
the conservation, development,
preservation, protection and
utilization of the environment
and natural resources.

Civil Procedure
1. Citizens Suit:
Any Filipino citizen,
including minors and
generations yet unborn,
may file an action to
enforce environmental
rights and obligations
under Environmental
Laws
(Sec. 5, Rule 2, Part II).
2. Environmental Protection
Order (EPO) – where the
matter is of extreme
urgency and the applicant
stands to suffer grave
injustice and irreparable
injury – Exec Judge may
issue a TEPO (in the
nature of a Restraining
Order) (Sec. 8)

3. Filing fees – and other legal
fees deferred until after
judgment. To be first lien on
the judgment award.
2. Summons – may be served
by counsel or representative
of plaintiff authorized by the
Court.
3. Prohibition vs. TRO – Except
the Supreme Court, no Court
can issue a TRO or Writ of
Prel. Injunction against lawful
actions of government
agencies that enforce
Environmental Laws or
prevent violations thereof
(Sec. 10)

DEMOLITION OPERATIONS IN BANTAYAN ISLAND – NO TRO EXCEPT SC
AND ANTI-SLAPP

RULES OF CIVIL PROCEDURE (continued)
6. Pre-trial
Put the counsels and the parties under oath (Rule 3, Sec. 5)
Consent Decree
- Judicially approved settlement based on public interest to protect the
environment (anytime before judgment) (Sec. 10)
7. Trial (Rule 4)
- Continuous trial not more than 2 months from Pre-Trial Order
- Memoranda may be in electronic form
- One year from filing to try and decide the case
8. Judgment and Execution
- may include:
* protection and restoration the environment
* violator may be required to submit a program for rehabilitation
* violator to contribute to a trust fund for the restoration of the Environment
* TEPO may be converted to a permanent EPO. Or issue a Writ of
Continuing Mandamus
* Monitoring of compliance by Court or appropriate government agency
(Sec. 4)

SLAPP (Strategic Lawsuits against
Public Participation)
Harassment suit to exert undue pressure to any person,
institution or government that seeks to enforce
environmental laws. (Sec. 1)
Interpose as defense with prayer for attorney’s fees,
damages, costs.
Summary hearing – SLAPP Defendant required only to
prove by substantial evidence; whereas party filing the
action assailed as a SLAPP must prove by preponderance of
evidence
Resolution – 30 days after summary hearing

Special Civil
Actions
Writ of
Kalikasan
Writ of
Continuing
Mandamus

Writ of
Kalikasan
Who:
Any Person (natural or
juridical Whose right to a
balanced and healthful
ecology is violated or
threatened with violation
by an unlawful act or
omission of a public
officer or private person
Magnitude of Damage:
Involving environmental
damage of such
magnitude as to prejudice
the life, health and
property of inhabitants
In two or more cities or
provinces

WRIT OF KALIKASAN
Where: Directly with the Supreme Court or the Court of
Appeals
No docket fees
Time Lines:
Within 3 days from filing of Petition – Writ to issue to require
respondent to file a verified return
Clerk of Court to issue writ – with EPO
Respondent has 10 days to file a verified return
No motion to dismiss, postponement, extension of time to file
return; if none, hear ex parte
Hearing not to be more than 60 days

Discovery Measures-
Ocular Inspection – Production of things, documents, etc
- Judgment
- Direct Cease and Desist or from neglecting to perform a
duty in violation of Environmental Laws.
- directing public official to protect and restore the
environment

Writ of Continuing Mandamus
Order issued directing a government office/r to perform a
series of acts which will remain effective until fully satisfied
Time Lines:
10 days to comment
Resolution – 60 days from submission for resolution
Reports-

Kalikasan Continuing
Mandamus
Venue CA & SC only RTC, CA or SC
Respondents Include private individuals,
entities
Only Government or its
officers
Petitioners Broad Only those aggrieved
Subject Matter Unlawful act or omission
involving environmental damage
affecting two or more cities or
provinces
Docket Fees Exempt Exempt
Discovery Ocular Inspection & Production of
documents, things
Damages Award not available to individual
petitioner. Must file separate
action for damages.
-Unlawful neglect in the
performance of duty;
-Unlawful exclusion from
use or enjoyment of right
None
Personal damages may be
awarded.

Criminal
Procedure
Who may file: Any offended
party of peace officer (What about
Visayan Sea Squadron citizen
operatives?)
Special Prosecutor:
Private Counsel may be allowed
by the Court to represent where
there is no private offended party
(subject to public prosecutors
control and supervision) (Sec. 3,
Rule 9)
ARREST
- Warrant of Arrest
must be accompanied by
a certified true copy of
the Information

Custody and disposition of
seized items
Per rules of
confiscating
agency
Inventory, and
where practicable
photographs
Sale of seized
items and amount
in custody of the
Court

BAIL
Before granting the application for bail, the judge
must read the Information in a language known to and
understood by the accused and require him to sign a
written undertaking that:
1. to appear before the court during the arraignment
2. In case he does not appear, he waives the reading of
the Information and authorizes the Court to enter a
plea of not guilty
3. Trial in absentia (Sec. 2, Rule 14)

Pre-Trial
Place Parties
and Counsel
under oath
Trial
-3 Months
- Affidavit in lieu of direct
- Pro bono lawyers – where
there is no public attorney,
Court to appoint IBP as pro
bono counsel
Subsidiary liability
allowed

SLAPP
Upon filing of the action before arraignment
Summary hearing
Substantial evidence for movant (person alleging it is a
SLAPP suit)
Party filing the action assailed as a SLAPP must prove by
preponderance of evidence

Evidence
Precautionary Principle– when human activities may
lead to threat of serious and irreversible damage to the
environment that is scientifically plausible but
uncertain, actions shall be taken to avoid or diminish
the threat.
Where there is a lack of full scientific certainty in
establishing the causal link, the court shall apply the
precautionary principle.
Preferential option for the right to a balanced and
healthful ecology (like for labor in Labor Law)

Standards for
Application-
Factors
Threat to human
life or health
Inequity to future
generations
Prejudice to the
environment

Writ of Kalikasan example: Flooding?

THE WORLD IS HEADED FOR WATER
BANKRUPTCY Agence France-Presse-7 FEB 2009
DAVOS -- The world is heading toward "water bankruptcy" as demand
for the precious commodity outstrips even high population growth, a
new report warned Friday.
In less than 20 years, water scarcity could lose the equivalent of
the entire grain crops of India and the United States, said the World
Economic Forum report, which added that food demand is expected to
sky-rocket in coming decades.
"The world simply cannot manage water in the future in the same
way as in the past or the economic web will collapse," said the report.
Water has been consistently under-priced in many regions and
has been wasted and overused, the report said.

Benefits of Rainwater Catchment
• Prevent flooding
• Recharge the underground
water (the “aquifer”).
• Serve as a water source,
especially during the dry
season,
• Food source – fish and
vegetables
• Place for re-creation and
recharge of the spirit. Nothing
soothes nerves and spirits-frayed
and frazzled by modernday
living – than the sight and
company of water.
• Restorative economic activities
to unemployed.
• Restore the water – it will
also restore the connection
between man and Nature.
• Bank account --

MANILA, Philippines - The Supreme Court (SC) has ordered the government to
answer a petition of a group of environmentalists seeking the creation of
rainwater collectors in the country.
SC spokesman Midas Marquez said the national government agencies led by
Malacañang, the Department of Public Works and Highways (DPWH) and the
Department of the Interior and Local Government representing the 80 provinces,
150 cities, 1,400 towns and 42,000 barangays were given 10 days to comment on
the petition filed by the group. SC allowed the petition of the Global Legal Action
on Climate Change calling on the national government to come up with a more
effective nationwide flood control project by implementing a 1989 law for
rainwater collectors in all barangays.

What can we do
together?
Help with the Rainwater
Catchment case
Sign up to be part of the
Philippine
Environmental Law
Forum (esp. divers,
runners, mountain
climbers, nature lovers)
Transportation
Revolution
Experiential training in
the School of the SEAs in
the summer of 2011

Reform the Transportation System
Those who have less in wheels must have more in road
Preferential policy for collective and non-pollutive
locomotion systems (trams, trains, rail-bus, wide
pedestrian lanes, wide bike lanes)
Executive Order 774

Those who have less in wheels must have more
in road (Sec. 120 Local Government Code, (EO 774)

Change!
Who?

What can you do?
Convert awareness into action
Brushing teeth – use a glass of water instead of
letting the water run.
Turn off lights when not needed. Do not put TV
on Stand-By (70% of the electricity consumed)-
1000 MW (1 GW) In the US
Shut off leaking water, report water leakages
Use lower watt lights.
Segregate your wastes: Paper and Plastics in one
box (sell later), ‘wet’ waste (food wastes, leaves,
organic material – put in a compost
More important … you teach by example

WE ALL HAVE A ROLE – THE POWER
Mosquito-Stopping in a highway:
OF ONE!

RATIONALE
FEW ELITE LEADERS
INTEREST GROUPS
VOTING POPULATION
THE FILIPINO MASSES
- No significant influence
over important decisions
especially on those critical
to the Environment

Our VISION: A REVOLUTION – Revolution defined: a
TURN AROUND.
OUR VISION
NOT just that: Turn it Upside Down!
1. Educate and Empower
2. Enable to exercise
power to effect real positive
change beginning within
each of us

What can we do together?
Plan to use
the Law to
spark a
revolution (?)
Turn-around
of the
mindset
From
wasteful use
to wise and
sustainable
use

Failure IS
NOT AN
OPTION
Will we succeed? Is
this a fool’s errand?

Story of a rich
man

Be the Light
in your little
corner of the
world;

THANK YOU: Ordinary citizens, YOUTH … 20
yrs ago (we fought for your right to speak and take
action. Now … it is up to you to take action).
The time for talk is over, it is time for action!
oft-quoted
A GREAT MOVEMENT MAY BE BORN IN THE MINDS OF THE FEW, BUT IT MUST BE
SPOKEN BY THE MOUTHS OF MANY, AND CARRIED ON THE SHOULDERS OF
ALL.
What light through yonder window breaks?

Ten, fifty, a hundred years from now, and many
generations hereafter,

DURING OUR WATCHLet it be said that during our
watch …
While gifted
with intelligence & insight,
with privilege and position,
with the wealth of wisdom,

And with the
freedom and
power
of the
Human Will,

Let it be said that
in our time,
And during our
watch,
We did our
share,

And maybe, just maybe …
we will make a little difference.