CHAPTER XV Pollution Adjudication Board (PAB) is a quasi-judicial body created under Section 19 of Executive Order (E.O.

O.) 192 for the adjudication of ollution cases 5nstead of filin! an ans'er. Shell $oved for dis$issal of the co$ laint. 5t alle!ed that the trial court had no jurisdiction over the action. as it is a 8 ollution case9 under &e ublic ,ct (&.,.) 0901. as a$ended by *residential #ecree (*.#.) 923 or the *ollution -ontrol :a'. /nder these statutes. the *ollution ,djudication )oard (*,)) has ri$ary jurisdiction over ollution cases and actions for related da$a!es.

is or!ani"ationally under the su ervision of the Office of the Secretary of the #e art$ent of Environ$ent and %atural &esources (the #E%&) 'ith Secretariat su ort rovided by the Environ$ental (ana!e$ent )ureau (E())

Shell also clai$ed that it could not be sued ursuant to the doctrine of state i$$unity 'ithout the State;s consent.

4&&ue< =O% the co$ laint is a ri$ary jurisdictionof the *,).

ollution case that falls 'ithin the

*o'er and function $aybe dele!ated to the #E%& &e!ional Officers in accordance 'ith rules and re!ulations of the )oard.

Held< Section 2(a) of *.#. 923 defines 8 ollution9 as 8 an3 alteration o" t(e $(3&ical2 c(emical and 1iological $ro$ertie& o" an3 water x x x as 'ill or is li>ely to create or render such 'ater x x x har$ful. detri$ental or injurious to ublic health. safety or 'elfare or 'hich 'ill ad-er&el3 a""ect t(eir utilization for do$estic. co$$ercial. industrial. a!ricultural. recreational or other le!iti$ate ur oses.9 5t is clear fro$ this definition that the stress to $arine life clai$ed by 7alos. et al is caused by so$e >ind of ollution e$anatin! fro$ Shell;s natural !as i eline. 5nevitably. in resolvin! 7alos. et al;s clai$ for da$a!es. the ro er tribunal $ust deter$ine 'hether or not the o eration of the i eline adversely altered the coastal 'aters; ro erties and ne!atively affected its life sustainin! function. T(e $ower and e,$erti&e needed to determine &uc( i&&ue lie& wit( t(e PAB. +herefore. 7alos. et al had an ad$inistrative recourse before filin! their co$ laint 'ith the re!ular courts. +he la's creatin! the *,) and vestin! it 'ith o'ers are 'ise. +he definition of the ter$ 8 ollution9 itself connotes the need for s eciali"ed >no'led!e and s>ills. technical and scientific. in deter$inin! the resence. the cause. and the effects of ollution. +hese >no'led!e and s>ills are not 'ithin the co$ etence of ordinary courts. -onsequently. re&ort mu&t "ir&t 1e made to t(e PAB . 'hich is the a!ency ossessed of ex ertise in deter$inin! ollution-related $atters.

+he *ollution ,djudication )oard is created under the Office of the Secretary.

+he )oard shall be co$ osed of the Secretary as the -hair$an. +'o (2) /ndersecretaries as $ay be desi!nated by the Secretary. the #irector of the Environ$ental (ana!e$ent )ureau (E()). the +hree (0) others to be desi!nated by the Secretary as $e$bers. +he )oard shall assu$e the o'ers and functions of the -o$$ission1 -o$$issioners of the %ational *ollution -ontrol -o$$ission (%*--) 'ith res ect to the adjudication of ollution cases under &e ublic ,ct 0901 and *residental #ecree 923.

Organizational Placement coequal w RTC ,ny decision or order of the -o$$ission (no' *,)). after the sa$e has beco$e final and executory. shall be enforced and executed in the sa$e $anner as decisions of -ourts of 4irst 5nstance. 6 *,) decisions $ay be a (judicial revie') ealed to the -ourt of , eals

A -alid action "or damage& could 1e made i" t(e con&truction and o$eration o" t(e $i$eline indeed cau&ed "i&( decline and e-entuall3 led to "i&(ermen)& lo&& o" income.

!e"inition o" #$ollution% connote& &$ecialized 'nowledge and &'ill& w(ic( i& wit(in PAB)& com$etence Ca&e* +(ell P(ili$$ine& E,$loration -. /ren 0alo& T(i& ca&e i& a1out a que&tion o" juri&diction o-er an action again&t a $etroleum contractor2 w(o&e $i$eline o$eration (a& allegedl3 dri-en t(e "i&( awa3 "rom coa&tal area&2 in"licting lo&& o" earning& among "i&(ermen. 7alos. (et al) filed a co$ laint for da$a!es a!ainst Shell before the &e!ional +rial -ourt &es ondents clai$ed that their fish catch beca$e fe' after the construction of the i eline. Such i eline !reatly affected bio!enically hard-structured co$$unities such as coral reefs and led stress to the $arine life in the (indoro Sea.

+he rules do not require that the co$ laint establish in detail the causal lin> bet'een the construction and o eration of the i elines? it bein! sufficient that the co$ laint states the ulti$ate facts on 'hich it bases its clai$ for relief.

/actual "inding& o" admini&trati-e 1odie& on tec(nical matter& wit(in t(eir e,$erti&e accorded re&$ect.

-ourts 'ill not interfere in $atters 'hich are addressed to the sound discretion of the !overn$ent a!ency entrusted 'ith re!ulation of activities co$in! under the s ecial and technical trainin! and >no'led!e of such a!ency.

Power& and /unction& +ECT4O5 6. Power& and /unction& .---+he -o$$ission shall have the follo'in! o'ers and functions< f) (a>e. alter or $odify orders requirin! the discontinuance of ollution s ecifyin! the conditions and the ti$e 'ithin 'hich such discontinuance $ust be acco$ lished.

+he )oard has s ecific jurisdiction over the ff. -ases< Exceedance of air e$ission standards O eratin! 'ithout er$it to o erate air ollution source installations Clean ?ater Act (RA 5o. >@<A) +he )oard has s ecific jurisdiction over the ff. -ases< Exceedance of the effluent standards -o$$ittin! any of the rohibited acts under Section 2@ E&ta1li&(ing an En-ironmental +3&tem (P! 5o. BA;<) 4m$act +tatement

!) 5ssue. rene'. or deny er$its. under such conditions as it $ay deter$ine to be reasonable. for the revention and abate$ent of ollution. for the dischar!e of se'a!e. industrial 'aste. or for the installation or o eration of se'a!e. 'or>s and industrial dis osal syste$ or arts thereof< *rovided. ho'ever.. +hat the -o$$ission. by rules and re!ulations. $ay require subdivisions. condo$iniu$. hos itals. ublic buildin!s and other si$ilar hu$an settle$ents to ut u a ro riate central se'era!e syste$ and se'a!e treat$ent 'or>s. exce t that no er$its shall be required of any ne' se'a!e 'or>s . exce t that no er$its shall be required of any ne' se'a!e 'or>s or chan!es to or extensions of existin! 'or>s that dischar!e only do$estic or sanitary 'astes fro$ a sin!le residential buildin! rovided 'ith se tic tan>s or their equivalent. +he -o$$ission $ay i$ ose reasonable fees and char!es for the issuance or rene'al of all er$its herein required. j) Serve as arbitrator for the deter$ination of re arations. or restitutions of the da$a!es and losses resultin! fro$ ollution.

+he )oard has s ecific jurisdiction to hear cases of violation of such decree. Ecological +olid ?a&te Canagement Act (RA 5o. >DDE) +he )oard has s ecific jurisdiction to hear cases of unauthori"ed trans ort and du$ in! into sea 'ater solid 'aste as defined in &, %o. 9AA0. To,ic +u1&tance& and Hazardou& ?a&te& Act (RA 5o. 6>6>) +he )oard has s ecific jurisdiction over cases of< 5lle!al trans ort or du$ in! or dischar!e of rohibited che$icals. substances or ollutants listed under &, %o. B9B9 O eratin! facilities that dischar!e ha"ardous substances into 'ater bodies.

+ection BD o" P! 5o. >;= $ro-ide& t(at* +he -o$$ission shall have no jurisdiction over 'ater'or>s or se'a!e syste$ o erated by the (etro olitan =ater'or>s Se'era!e Syste$. but the rules and re!ulations issued by the -o$$ission for the rotection and revention of ollution under the authority herein !ranted shall su ersede and revail over any rules or re!ulations as $ay heretofore have been issued by other !overn$ent a!encies or instru$entalities on the sa$e subject.. 5n case of develo in! rojects involvin! s ecific hu$an settle$ent sites or inte!rated re!ional or sub-re!ional rojects. such as the +ondo 4oreshore #evelo $ent ,uthority and the :a!una :a>e #evelo $ent ,uthority. the -o$$ission shall consult 'ith the authorities char!ed 'ith the lannin! and execution of such rojects to ensure that their ollution control standards co$ ly 'ith those of the -o$$ission. Once $ini$u$ ollution standards are established and a!reed u on. the develo $ent authorities concerned $ay. by $utual a!ree$ent and rior consultation 'ith the -o$$ission. underta>e the ollution control activities the$selves. Hearing2 Re-iew2 and e,ecution +ection < o" P! 5o. >;= $ro-ide&* a) Pu1lic Hearing. *ublic hearin!s shall be conducted by the -o$$issioner. #e uty -o$$issioners or any senior official duly desi!nated by the -o$$issioner rior to issuance or ro$ul!ation of any order or decision by the -o$$issioner requirin! the discontinuance of dischar!e of se'a!e. industrial 'astes or other 'astes into the 'ater. air or land resources of the *hili ines as rovided in this #ecree< *rovided. +hat 'henever the -o$$ission find a ri$a facie evidence that the dischar!ed se'a!e or 'astes are of i$$ediate threat to life. ublic health. safety or 'elfare. or to ani$al or lant life. or exceeds the allo'able standards set by the -o$$ission. the -o$$issioner $ay issue an exarte order directin! the discontinuance of the

>) #e uti"e in 'ritin! or request assistance of a ro riate !overn$ent a!encies or instru$entalities for the ur ose of enforcin! this #ecree and its i$ le$entin! rules and re!ulations and the orders and decisions of the -o$$ission.

) Exercise such o'ers and erfor$ such other functions as $ay be necessary to carry out its duties and res onsibilities to carry out its duties and res onsibilities under this #ecree.

PAB%& 0uri&diction 7eneral 0uri&diction +he )oard shall have sole and exclusive jurisdiction over all cases of ollution. and all other $atters related thereto. includin! the i$ osition of ad$inistrative sanction. exce t as $ay be rovided by la'.

A8THOR4T9 O/ THE RE74O5A: O//4CE+ +he &e!ional Offices $ay investi!ate and hear ollution cases as rovided in these &ules or any $ay be dele!ated or authori"ed by the )oard. *rovided. that final decisions $ay be ro$ul!ated only by the )oard. !ivin! due consideration to the reco$$endation of the &e!ional Office.

+$eci"ic 0uri&diction Clean Air Act (RA 5o. ;<=>)

sa$e or the te$ orary sus ension or cessation of o eration of the establish$ent or erson !eneratin! such se'a!e or 'astes 'ithout the necessity of a rior ublic hearin!. +he said exarte order shall be i$$ediately executory and shall re$ain in force until said establish$ent or erson revents or abates the said ollution 'ithin the allo'able standards. or $odified or nullified by a co$ etent court. b) A$$eal to Court&. ,ny decision of the -o$$ission. in the absence of an a eal therefro$ as herein rovided. shall beco$e final fifteen days after the date of notification. and judicial revie' thereof shall be er$itted only after any arty clai$in! to be a!!rieved thereby has exhausted the re$edies before the -o$$ission. +he -o$$ission shall be dee$ed to be a arty to any judicial action involvin! any decision. Court Re-iew. +he decision of the -o$$ission u on any dis uted $atter $ay be revie'ed both u on the la' and the facts of the case by the -ourt of , eals. 4or ur oses of such revie'. the rocedure concernin! a eals fro$ the -ourt of 4irst 5nstance shall be follo'ed. , eal fro$ a decision of the -o$$ission $ust be erfected 'ithin fifteen days fro$ notification of such decision< *rovided. ho'ever. +hat any decision of the -o$$ission involvin! only questions of la'. shall be a ealed to the Su re$e -ourt. %o a eal shall stay the execution of any order or decision of the -o$$ission unless the -o$$issioner hi$self or the -ourt of , eals or the Su re$e -ourt so orders. E,ecution o" !eci&ion. ,ny decision or order of the -o$$ission. after the sa$e has beco$e final and executory. shall be enforced and executed in the sa$e $anner as decisions of -ourts of 4irst 5nstance. and the -o$$ission shall have the o'er to issue to the -ity or *rovincial Sheriff or duly constituted authorities 'ho$ it $ay a oint. such 'rits of execution as $ay be necessary for the enforce$ent of such decision or order and any erson 'ho shall fail or refuse to co$ ly 'ith such decision. order. or 'rit. after bein! required to do so shall. u on a lication by the -o$$ission. be unished by the ro er court for conte$ t.

e)

+he )oard of Cearin! Officer $ay ta>e notice of judicially co!ni"able facts and of !enerally co!ni"able technical or scientific facts 'ithin its or his s eciali"ed >no'led!e. +he arties shall be notified and afforded an o ortunity to contest the facts so noticed.

CEA+E A5! !E+4+T OR!ER (C!O) =henever the )oard finds ri$a facie evidence that the e$ission or dischar!e of ollutants constitutes an i$$ediate threat to life. ublic health. safety or 'elfare. or to ani$al or lant life. or exceeds the allo'able #E%& Standards. it $ay issue an ex arte order directin! the discontinuance of the sa$e or the te$ orary sus ension or cessation of o eration of the establish$ent or erson !eneratin! such ollutants. 'ithout need of a rior ublic hearin!. +he -ease and #esist Order shall be i$$ediately executory and shall re$ain in force and effect until the sa$e is $odified or lifted by the )oard or #E%& Secretary. +he )oard or #E%& Secretary $ay also direct the &e!ional Office to revo>e. sus end or $odify any er$it to o erate a ollution control facility or any clearance 'henever such is necessary to revent or abate the ollution. , -#O shall be issued a!ainst the res ondent for ur ose of directin! it to i$$ediately sto or refrain fro$ doin! or conductin! an act. or continuin! a articular activity or course of action in violation of environ$ental la's. =here an interi$ -#O effective for @ days has been issued by &e!ional director. the )oard shall issue a -#O or reco$$end to Secretary the issuance of a -#O. ursuant to the rovisions of the a licable la'.

c)

d)

7round& "or i&&uance o" e, $arte #cea&e and de&i&t% order /nder Sec. @ of *# %o. 923. an ex arte -#O $ay be issued by the *,) 'henever< +hat the 'astes dischar!ed by an establish$ent ose an i$$ediate threat to life. ublic health. safety or 'elfare. or to ani$al or lant life. or Such dischar!es or 'astes exceed the allo'able standards set by %ational *ollution -ontrol -o$$ission.

R8:E+ O/ EV4!E5CE 5n the conduct of hearin!s. the )oard or Cearin! Officer shall not be bound by the technical rules of evidence under the &ules of -ourt. Co'ever. the follo'in! si$ lified rules of evidence shall be observed. a) +he )oard or Cearin! Officer shall ad$it and !ive robative value to evidence co$$only acce ted by reasonably rudent $en in the conduct of their affairs. 5n case of doubt. all evidence resented shall be ad$itted. subject to the objections inter osed. if any. b) ,ll docu$ents for$in! art of the records and $aterial to the issues of the case. 'hether $ar>ed as exhibits or not. shall be dee$ed ad$itted as evidence and $ay be considered in the resolution of the case. #ocu$entary evidence $ay be received in the for$ of co ies or excer ts. if the ori!inal is not readily available. / on request. the arties shall be !iven o ortunity to co$ are the co y 'ith the ori!inal. 5f the ori!inal is in the official custody of a ublic officer. a certified co y thereof $ay be acce ted. Every arty shall have the o ortunity to be heard in accordance 'ith ad$inistrative due rocess and to sub$it rebuttal evidence.

%ote< 5f the establish$ent affected conte&t t(e correctne&& o" t(e $rima "acie "inding& o" t(e Board . the )oard $ust hold a $u1lic (earing 'here such establish$ent 'ould have the o ortunity to re"ute t(e 1a&i& o" &uc( e, $arte order.

Tem$orar3 :i"ting Order +he )oard $ay. u on ro er $otion of the res ondent. issue or reco$$end to the #E%& Secretary a Tem$orar3 :i"ting Order (+:O) to allo' the i$ le$entation of co$ rehensive ollution control ro!ra$s subject to the conditions rescribed by the board. =here a +e$ orary :iftin! Order (+:O) is issued. the res ondent shall be required to sub$it $rogre&& re$ort& indicatin! therein the late&t &tatu& o" t(e con&truction or re(a1ilitation. the $ercentage o" wor' 1eing underta'en . and the $ro$o&ed date o" &am$ling. / on the la se of the eriod s ecified in the +e$ orary :iftin! Order. the Cea&e and !e&i&t Order (-#O) shall auto$atically re&ume it& e""ecti-it3. 'ithout rejudice to the fillin! of a $otion for the issuance of another +:O 'ith the )oard. , $otion for the extension of the effectivity of a +e$ orary :iftin! Order (+:O) $ay be filed 'ith the )oard at least

c)

d)

fifteen (BA) da3& before the ex iration of the +:O. 'ith roof of service of co ies thereof to the &e!ional Office and the other arties. +he &e!ional Office and the other arties shall file 'ith the )oard their co$$ents 'ithin ten (BD) da3& fro$ recei t of the said $otion. Only one $otion for extension $ay be filed. %O+E< +he )oard shall not extend the +:O exce t u on $otion of res ondent. nor shall it !rant the $otion for extension unless the res ondent resents roof that the re$edial $easures a roved by the )oard in !rantin! the +:O have been substantially instituted or that there has been a substantial i$ rove$ent in the res ondentDs effluents or e$issions. ARB4TRAT4O5 ,ny clai$ for re aration or restitution of da$a!es and losses resultin! fro$ the ollution of 'ater. air or land resources $ay be brou!ht before the )oard or the &e!ional Office for voluntary arbitration. +he clai$ for restitution or re aration shall ta>e into account the !ravity and duration of the ollution and the extent and reasonable value of the da$a!e and losses. based on the evidence resented by the arties. ,ny a$ount recovered in excess of the co$ ensation due the a!!rieved arties shall accrue to the Eeneral 4und of the Eovern$ent. 5f the ollution results in the death of fish or other aquatic life or destruction of the natural habitat necessary for the ro a!ation of fish or other aquatic life. the erson res onsible for the ollution shall ay the Eovern$ent for da$a!es for fish or aquatic life destroyed. +he reasonable value thereof shall be ascertained in consultation 'ith the )ureau of 4isheries and ,quatic &esources and other a ro riate a!encies. %O+E< 5n case the arties to any arbitration roceedin!s at the level of the &e!ional Office fail to arrive at an a$icable settle$ent of the case. the Cearin! Officer shall. 'ithin fifteen (BA) da3& "rom t(e termination o" t(e $roceeding&. for'ard the entire records of the case. to!ether 'ith his certified re ort and reco$$endation. to the )oard for final resolution. ,n a'ard or resolution in any case sub$itted for arbitration shall beco$e final and executory fifteen (1F) days after recei t of the a'ard or resolution by the arties ,djudication of ollution cases !enerally ertains to the PAB unless s ecial la' rovides for another foru$. *,) is not divested of jurisdiction over the (inin! ,ct. ollution cases by

4m$ortance< +he &ules constitute a si!nificant catal3&t in su ort of far reachin! and s'ee in! refor$s in environ$ental ri!hts and i$ le$ent the o'er of the Su re$e -ourt 8to ro$ul!ate rules concernin! the rotection and enforce$ent of 8constitutional ri!hts9 and 8to rovide a si$ lified and inex ensive rocedure for the dis osition of cases9. 5t stren!then the hand of !overn$ent in enforcin! environ$ental la's? e$brace the latest and best ractices in other jurisdictions to effectuate the vindication of environ$ental ri!hts in our justice syste$? and rovide innovation custo$i"ed to our distinct needs.

+alient Pro-i&ion& o" t(e Rule& +he &ules contains rovisions that deal on the ff. $atters< (ini$i"in! delays and ensure effective judicious dis osition of environ$ental cases by rovidin! continuous trial #isallo'in! the fillin! of delay- rone leadin!s *rohibitin! the issuance of +&Os a!ainst !overn$ent a!encies; action to enforce environ$ental la's *rescribin! the stay of jud!e$ents by a eal and sub$ission of $e$oranda in the for$ of a draft decision -iti"en;s arrest and sei"ure of ite$s. tools and conveyances used in co$$ittin! the offense. as 'ell as the custody and dis osition of thereof

%ote< +he &ules inte!rate the caution that the jud!e shall be !uided by the $recautionar3 $rinci$le 'here full scientific certainty shall not be required of the arty alle!in! environ$ental da$a!e. +co$e +hese &ules shall !overn the rocedure in civil. cri$inal and s ecial civil actions before the &e!ional +rial -ourts. (etro olitan +rial -ourts. (unici al +rial -ourts in -ities. (unici al +rial -ourts and (unici al -ircuit +rial -ourts involvin! enforce$ent or violations of environ$ental and other related la's. rules and re!ulations. +hese &ules $ay a ly in other suits not necessarily based on environ$ental la's or containin! environ$ental rovisions. Exa$ le< 5f a defendant in a civil da$a!es or defa$ation suit (the case of 'hich is !overned by the re!ular rules of civil or cri$inal rocedure) invo>es a S:,** (&ule B G 19) defense is concerned. C4V4: PROCE!8RE Pleading& and Partie& +he leadin!s and $otions that $ay be filed are co$ laint. ans'er 'hich $ay include co$ ulsory counterclai$ and cross-clai$. $otion for intervention. $otion for discovery. and $otion for reconsideration of the jud!$ent Pleading& are the 'ritten state$ents of the res ective clai$s G defences of the arties sub$itted to the court for a ro riate action Find& o" Pleading& Com$laint

CHAPTER XV4 #T(e Rule& o" Procedure "or En-ironmental Ca&e&% O1jecti-e&* +o rotect and advance the constitutional ri!ht of the eo le to a balanced and healthful ecolo!y? +o rovide a si$ lified. s eedy and inex ensive rocedure for the environ$ental ri!hts G duties reco!ni"ed under the constitutions. existin! la's. rules. and international a!ree$ent? +o introduce and ado t innovations and best ractices ensurin! effective enforce$ent of re$edies and redress for violation of environ$ental la's? and +o enable courts to $onitor and exact co$ liance 'ith orders and jurisdiction in environ$ental cases.

is the leadin! alle!in! the laintiff;s cause of action and the relief rayed for arty sets fort his

, civil action involvin! the enforce$ent or violation of any environ$ental la' is filed throu!h a -eri"ied com$laint. Veri"ied Com$laint shall contain the na$es of the arties? their addresses? the cause of action? the reliefs rayed for? and a state$ent that it is an environ$ental case and the la' involved %O+E< +he laintiff shall attach to the verified co$ laint all evidence rovin! or su ortin! the cause of action consistin! of< affidavits of 'itnesses. in question and ans'er for$ 'hich shall co$ ly 'ith the rules of ad$issibility of evidence? docu$entary evidence? if ossible. object evidence? and a certification a!ainst foru$ sho in!

An&wer is a leadin! in 'hich the defendin! defenses

Counterclaim is any clai$ 'hich the defendin! arty $ay have a!ainst an o osin! arty is not art of the ans'er? it is a distinct and inde endent cause of action +hus. it $ust be ans'ered 'ithin 1A days fro$ service. Com$ul&or3 Counterclaim is one 'hich arises out of or in connected 'ith the transaction constitutin! the subject $atter of the o osin! arty;s clai$ and does not require for its adjudication the resence of the third arties of 'ho$ the court cannot acquire jurisdiction Cro&&Gclaim is any clai$ by one art a!ainst a co- arty arisin! out of the transaction or occurrence that is the subject $atter either of the ori!inal action or of a counterclai$ therein (otion for 5ntervention is a ro er 'here a erson 'ho has a le!al interest in the $atter in liti!ation is so situated as to be adversely affected by a distribution or other dis osition of ro erty in the custody of the court of an officer thereof it $ay be filed at any ti$e before rendition of jud!e$ent

+he ay$ent of filin! and other le!al fees by the laintiff shall be deferred until after jud!$ent unless the laintiff is allo'ed to liti!ate as an indi!ent. 5t shall constitute a first lien on the jud!$ent a'ard. ?(o ma3 "ile a ci-il action in-ol-ing t(e en"orcement or -iolation o" an3 en-ironmental lawH a) ,ny real arty in interest (is the arty 'ho stands to be benefited by jud!e$ent in the suit. or entitled to the avails of the suit). includin! the !overn$ent and juridical entities authori"ed by la' (Section 3. &ule 2) ,ny 4ili ino citi"en in re resentation of others. includin! $inors or !enerations yet unborn. other'ise called a citi"en suit (Section F. &ule 2) 4or a citi"en suit. the court shall defer the ay$ent of filin! and other le!al fees that shall serve as first lien on the jud!$ent a'ard. (Section 12. &ule 2)

b) Code& o" !i&co-er3 #is ositions endin! action #is ositions before action or endin! a eal 5nterro!atories to arties ,d$ission by adverse arty *roduction or ins ection of docu$ents or thin!s *hysical and $ental exa$ination of ersons Cotion "or Recon&ideration $ust be filed 'ithin the eriod for ta>in! an a

Citizen &uit ,ny 4ili ino citi"en in re resentation of others. includin! $inors or !enerations yet unborn. $ay file an action to enforce ri!hts or obli!ations under environ$ental la's. / on the filin! of a citi"en suit. the court shall issue an order 'hich shall contain a brief descri tion of the cause of action and the reliefs rayed for. requirin! all interested arties to $anifest their interest to intervene in the case 'ithin fifteen (1F) days fro$ notice thereof. +he laintiff $ay ublish the order once in a ne's a er of a !eneral circulation in the *hili ines or furnish all affected baran!ays co ies of said order.

eal

Cotion "or E,ten&ion to "ile an&wer is allo'ed but the extension shall not exceed 1F days $ust be filed before the ex iration of the ti$e sou!ht to be extended

Pro(i1ited $leading& or motion& +he follo'in! leadin!s or $otions shall not be allo'ed< a) (otion to dis$iss the co$ laint? b) (otion for a bill of articulars? c) (otion for extension of ti$e to file leadin!s. exce t to file ans'er. the extension not to exceed fifteen (1F) days? d) (otion to declare the defendant in default? e) &e ly and rejoinder? and f) +hird arty co$ laint. %ote< +he enu$eration of rohibited leadin!s ai$s to address the question of delay in environ$ental dis osition. , erson 'ho has interest in the $atter in liti!ation $ay. 'ith leave of court. be allo'ed to intervene in the action.

%ote< , 8citi"en suit9 liberali"es require$ents for standin! of liti!ants enforcin! environ$ent ri!hts. )ut in cases of %EOs and *os. roof of their juridical ersonality is required. +he sa$e also is required 'ith the etition of a writ kalikasan. +er-ice o" t(e Com$laint on t(e 7o-ernment or it& Agencie& Candator3 / on the filin! of the co$ laint. the laintiff is required to furnish the !overn$ent or the a ro riate a!ency (#E%&. OSE). althou!h not a arty. a co y of the co$ laint. *roof of service u on the !overn$ent or the a a!ency shall be attached to the co$ laint. ro riate

Ra""le

,ssi!n$ent to the desi!nated branch in a $ulti le-sala court or if there are t'o (2) or $ore desi!nated branches. the executive jud!e shall conduct a s ecial raffle on the day the co$ laint is filed.

4&&uance o" Tem$orar3 En-ironmental Protection Order (TEPO) 5f it a ears fro$ the verified co$ laint 'ith a rayer for the issuance of an Environ$ental *rotection Order (E*O) that the $atter is of extre$e ur!ency and the a licant 'ill suffer !rave injustice and irre arable injury. the executive jud!e of the $ulti le sala court before raffle or the residin! jud!e of a sin!le-sala court as the case $ay be. $ay issue ex parte a +E*O effective for only seventy-t'o (@2) hours fro$ date of the recei t of the +E*O by the arty or erson enjoined. +he court 'here the case is assi!ned shall eriodically $onitor the existence of acts that are the subject $atter of the +E*O even if issued by the executive jud!e. and $ay lift the sa$e at any ti$e as circu$stances $ay 'arrant. +he a licant shall be exe$ ted fro$ the ostin! of a bond for the issuance of a +E*O.

+he !rounds for $otion to dissolve a +E*O shall be su orted by affidavits of the arty or erson enjoined 'hich the a licant $ay o ose. also by affidavits. +he +E*O $ay be dissolved if it a ears after hearin! that its issuance or continuance 'ould cause irre arable da$a!e to the arty or erson enjoined 'hile the a licant $ay be fully co$ ensated for such da$a!es as he $ay suffer and subject to the ostin! of a sufficient bond by the arty or erson enjoined.

Pro(i1ition again&t tem$orar3 re&training order (TRO) and $reliminar3 injunction Exce t the Su re$e -ourt. no court can issue a +&O or 'rit of reli$inary injunction a!ainst la'ful actions of !overn$ent a!encies that enforce environ$ental la's or revent violations thereof. Re$ort on TEPO2 EPO2 TRO or Preliminar3 4njunction +he jud!e shall re ort any action ta>en on a +E*O. E*O. +&O or a reli$inary injunction. includin! its $odification and dissolution. to the Su re$e -ourt. throu!h the Office of the -ourt ,d$inistrator. 'ithin ten (1A) days fro$ the action ta>en. Pa3ment o" "iling and ot(er legal "ee& +he ay$ent of filin! and other le!al fees by the laintiff shall be deferred until after jud!$ent unless the laintiff is allo'ed to liti!ate as an indi!ent. 5t shall constitute a first lien on the jud!$ent a'ard. 4or a citi"en suit. the court shall defer the ay$ent of filin! and other le!al fees that shall serve as first lien on the jud!$ent a'ard.

En-ironmental Protection Order (EPO) is an order issued by the court directin! or enjoinin! any erson or !overn$ent a!ency erfor$ or desist fro$ erfor$in! an act in order to rotect. reserve or rehabilitate the environ$ent s ecifically a lies to environ$ental cases

Tem$orar3 En-ironmental Protection Order (TEPO) inte!rates both rohibitive and $andatory reliefs in order to a ro riately address the factual circu$stances surroundin! the case is a re$edy available environ$ental cases for both civil and cri$inal

+er-ice o" &ummon&2 order& and ot(er court Proce&&e& +he su$$ons. orders and other court rocesses $ay be served by the sheriff. his de uty or other ro er court officer or for justifiable reasons. by the counsel or re resentative of the laintiff or any suitable erson authori"ed or de uti"ed by the court issuin! the su$$ons. ,ny rivate erson 'ho is authori"ed or de uti"ed by the court to serve su$$ons. orders and other court rocesses shall for that ur ose be considered an officer of the court. +he su$$ons shall be served on the defendant. to!ether 'ith a co y of an order infor$in! all arties that they have fifteen (1F) days fro$ the filin! of an ans'er. 'ithin 'hich to avail of interro!atories to arties under &ule 2F of the &ules of -ourt and request for ad$ission by adverse arty under &ule 2B. or at their discretion. $a>e use of de ositions under &ule 20 or other $easures under &ules 2@ and 22. Should ersonal and substituted service fail. su$$ons by ublication shall be allo'ed. 5n the case of juridical entities. su$$ons by ublication shall be done by indicatin! the na$es of the officers or their duly authori"ed re resentatives.

is also available under the 'rit of >ali>asan and 'rit of continuin! $anda$us as a relief or as a $eans of ex editin! the roceedin!s and reservin! the ri!hts of the arties +he issuance of a +E*O ex arte is an exce tion to the !eneral require$ent of due rocess 'hich requires the other arty to be heard. +he &ules laid do'n the ff. safe!uards< +E*O shall be effective for only seventy-t'o (@2) hours fro$ date of the recei t of the +E*O by the arty or erson enjoined =ithin said eriod. the court 'here the case is assi!ned. shall conduct a su$$ary hearin! to deter$ine 'hether the +E*O $ay be extended until the ter$ination of the case. 5f. after hearin!. it a ears that the issuance or continuance of the +E*O 'ould cause irre arable da$a!e to the arty or erson enjoined 'hile the a licant $ay be fully co$ ensated for such da$a!es as he $ay suffer. the +E*O $ay be dissolved u on bond osted by the arty or erson enjoined.

4m$ortance o" t(e rule& o" di&co-er3 +o narro' and qualify the basic issues bet'een the arties. and 4or ascertainin! the facts relative to those issues

:i"e&$an o" a TEPO +E*O shall be effective for only seventy-t'o (@2) but it $ay be extended.after su$$ary hearin! 8until the ter$ination of the case9. Action on motion "or di&&olution o" TEPO

Veri"ied an&wer =ithin fifteen (1F) days fro$ recei t of su$$ons. the defendant shall file a verified ans'er to the co$ laint and serve a co y thereof on the laintiff. +he defendant shall attach affidavits of 'itnesses. re orts. studies of ex erts and all evidence in su ort of the defense. ,ffir$ative and s ecial defenses not leaded shall be dee$ed 'aived. exce t lac> of jurisdiction.

-ross-clai$s and co$ ulsory counterclai$s not asserted shall be considered barred. +he ans'er to counterclai$s or cross-clai$s shall be filed and served 'ithin ten (1A) days fro$ service of the ans'er in 'hich they are leaded.

the court shall i$$ediately refer the arties or their counsel. if authori"ed by their clients. to the *hili ine (ediation -enter (*(-) unit for ur oses of $ediation. 5f not available. the court shall refer the case to the cler> of court or le!al researcher for $ediation. (ediation $ust be conducted 'ithin a non-extendible eriod of thirty (0A) days fro$ recei t of notice of referral to $ediation. +he $ediation re ort $ust be sub$itted 'ithin ten (1A) days fro$ the ex iration of the 0A-day eriod.

E""ect o" "ailure to an&wer Should the defendant fail to ans'er the co$ laint 'ithin the eriod rovided. the court shall declare defendant in default and u on $otion of the laintiff. shall receive evidence ex parte and render jud!$ent based thereon and the reliefs rayed for. PREGTR4A: is a $andatory conference and ersonal confrontation before the jud!e bet'een the arties liti!ant and their res ective counsel for ur ose of settlin! the liti!ation as soon as ossible. or si$ lifyin! the issues. 'ithout sacrificin! the necessary de$ands of justice 5otice o" $reGtrial =ithin t'o (2) days fro$ the filin! of the ans'er to the counterclai$ or cross-clai$. if any. the branch cler> of court shall issue a notice of the re-trial to be held not later than one (1) $onth fro$ the filin! of the last leadin!. +he court shall schedule the re-trial and set as $any retrial conferences as $ay be necessary 'ithin a eriod of t'o (2) $onths counted fro$ the date of the first re-trial conference.

Cediation Procedure o +he $ediator call the arties to a reli$inary $eetin!. in 'hich he 'ill ascertains 'hether there is an earnest and !ood faith effort of the arties to arrive at a settle$ent. 5f so. the $ediation 'ill $ove ahead? if not. the $ediation 'ill ter$inate at once. 5f it $oves ahead. the arties $ay a!ree on the issues in dis ute. and the rocess by 'hich those issues are to be clarified and resolved. Preliminar3 Con"erence 5f $ediation fails. the court 'ill schedule the continuance of the re-trial. )efore the scheduled date of continuance. the court $ay refer the case to the branch cler> of court for a reli$inary conference for the follo'in! ur oses< +o assist the arties in reachin! a settle$ent? +o $ar> the docu$ents or exhibits to be resented by the arties and co ies thereof to be attached to the records after co$ arison 'ith the ori!inals? +o ascertain fro$ the arties the undis uted facts and ad$issions on the !enuineness and due execution of the docu$ents $ar>ed as exhibits? +o require the arties to sub$it the de ositions ta>en under &ule 20 of the &ules of -ourt. the ans'ers to 'ritten interro!atories under &ule 2F. and the ans'ers to request for ad$issions by the adverse arty under &ule 2B? +o require the roduction of docu$ents or thin!s requested by a arty under &ule 2@ and the results of the hysical and $ental exa$ination of ersons under &ule 22? +o consider such other $atters as $ay aid in its ro$ t dis osition? +o record the roceedin!s in the 8(inutes of *reli$inary -onference9 to be si!ned by both arties or their counsels? +o $ar> the affidavits of 'itnesses 'hich shall be in question and ans'er for$ and shall constitute the direct exa$ination of the 'itnesses? and +o attach the $inutes to!ether 'ith the $ar>ed exhibits before the re-trial ro er.

PreGtrial 1rie" ,t least three (0) days before the re-trial. the arties shall sub$it retrial briefs containin! the follo'in!< a) , state$ent of their 'illin!ness to enter into an a$icable settle$ent indicatin! the desired ter$s thereof or to sub$it the case to any of the alternative $odes of dis ute resolution? , su$$ary of ad$itted facts and facts? ro osed sti ulation of

b) c)

+he le!al and factual issues to be tried or resolved. 4or each factual issue. the arties shall state all evidence to su ort their ositions thereon. 4or each le!al issue. arties shall state the a licable la' and juris rudence su ortin! their res ective ositions thereon? +he docu$ents or exhibits to be resented. includin! de ositions. ans'ers to interro!atories and ans'ers to 'ritten request for ad$ission by adverse arty. statin! the ur ose thereof? , $anifestation of their havin! availed of discovery rocedures or their intention to avail the$selves of referral to a co$$issioner or anel of ex erts? +he nu$ber and na$es of the 'itnesses and the substance of their affidavits? -larificatory questions fro$ the arties? and :ist of cases arisin! out of the sa$e facts endin! before other courts or ad$inistrative a!encies.

d)

e)

f) !) h)

%O+E<

4ailure to co$ ly 'ith the required contents of a brief $ay be a !round for conte$ t. re-trial

4ailure to file the re-trial brief shall have the sa$e effect as failure to a ear at the re-trial.

+he arties or their counsel $ust sub$it to the branch cler> of court the na$es. addresses and contact nu$bers of the affiants. #urin! the reli$inary conference. the branch cler> of court shall also require the arties to sub$it the de ositions ta>en under &ule 20 of the &ules of -ourt. the ans'ers to 'ritten

Re"erral o" $artie& to mediation ,t the start of the re-trial conference. the court shall inquire fro$ the arties if they have settled the dis ute? other'ise.

interro!atories under &ule 2F and the ans'ers to request for ad$issions by the adverse arty under &ule 2B. +he branch cler> of court $ay also require the roduction of docu$ents or thin!s requested by a arty under &ule 2@ and the results of the hysical and $ental exa$ination of ersons under &ule 22. PreGtrial con"erenceI con&ent decree +he jud!e shall ut the arties and their counsels under oath. and they shall re$ain under oath in all re-trial conferences. +he jud!e shall exert best efforts to ersuade the arties to arrive at a settle$ent of the dis ute. +he jud!e $ay issue a consent decree a rovin! the a!ree$ent bet'een the arties in accordance 'ith la'. $orals. ublic order and ublic olicy to rotect the ri!ht of the eo le to a balanced and healthful ecolo!y. Evidence not resented durin! the re-trial. exce t ne'ly discovered evidence. shall be dee$ed 'aived. $) n)

arbitrator under any of the alternative $odes of dis ute resolution !overned by the S ecial &ules of -ourt on ,lternative #is ute &esolution? #eter$ine the necessity of en!a!in! the services of a qualified ex ert as a friend of the court (amicus curiae)? and ,s> arties to a!ree on the s ecific trial dates for continuous trial. co$ ly 'ith the one-day exa$ination of 'itness rule. adhere to the case flo' chart deter$ined by the court 'hich shall contain the different sta!es of the roceedin!s u to the ro$ul!ation of the decision and use the ti$e fra$e for each sta!e in settin! the trial dates.

E""ect o" "ailure to a$$ear at $reGtrial +he court shall not dis$iss the co$ laint. exce t u on re eated and unjustified failure of the laintiff to a ear. +he dis$issal shall be 'ithout rejudice. and the court $ay roceed 'ith the counterclai$. 5f the defendant fails to a ear at the re-trial. the court shall receive evidence ex parte.

Con&ent decree refers to a judicially a roved settle$ent bet'een concerned arties based on ublic interest and ublic olicy to rotect and reserve the environ$ent !enerally not a ealable

PreGtrial order =ithin ten (1A) days after the ter$ination of the re-trial. the court shall issue a re-trial order settin! forth the actions ta>en durin! the re-trial conference. the facts sti ulated. the ad$issions $ade. the evidence $ar>ed. the nu$ber of 'itnesses to be resented and the schedule of trial. Said order shall bind the arties. li$it the trial to $atters not dis osed of and control the course of action durin! the trial. TR4A: Continuou& trial +he jud!e shall conduct continuous trial 'hich shall not exceed t'o (2) $onths fro$ the date of the issuance of the re-trial order. )efore the ex iration of the t'o-$onth eriod. the jud!e $ay as> the Su re$e -ourt for the extension of the trial eriod for justifiable cause. A""ida-it& in lieu o" direct e,amination 5n lieu of direct exa$ination. affidavits $ar>ed durin! the re-trial shall be resented as direct exa$ination of affiants subject to cross-exa$ination by the adverse arty.

/ailure to &ettle a) 5f there is no full settle$ent. the jud!e shall< b) ,do t the $inutes of the reli$inary conference as art of the re-trial roceedin!s and confir$ the $ar>in!s of exhibits or substituted hotoco ies and ad$issions on the !enuineness and due execution of docu$ents? #eter$ine if there are cases arisin! out of the sa$e facts endin! before other courts and order its consolidation if 'arranted? #eter$ine if the leadin!s are in order and if not. order the a$end$ents if necessary? #eter$ine if interlocutory issues are involved and resolve the sa$e? -onsider the addin! or dro in! of arties?

c)

d) e) f) !)

Scrutini"e every sin!le alle!ation of the co$ laint. ans'er and other leadin!s and attach$ents thereto. and the contents of docu$ents and all other evidence identified and re-$ar>ed durin! re-trial in deter$inin! further ad$issions? Obtain ad$issions based on the affidavits of 'itnesses and evidence attached to the leadin!s or sub$itted durin! retrial? #efine and si$ lify the factual and le!al issues arisin! fro$ the leadin!s and evidence. /ncontroverted issues and frivolous clai$s or defenses should be eli$inated? #iscuss the ro riety of renderin! a su$$ary jud!$ent or a jud!$ent based on the leadin!s. evidence and ad$issions $ade durin! re-trial? Observe the (ost 5$ ortant =itness &ule in li$itin! the nu$ber of 'itnesses. deter$inin! the facts to be roved by each 'itness and fixin! the a roxi$ate nu$ber of hours er 'itness? Encoura!e referral of the case to a trial by co$$issioner under &ule 02 of the &ules of -ourt or to a $ediator or

OneGda3 e,amination o" witne&& rule +he court shall strictly adhere to the rule that a 'itness has to be fully exa$ined in one (1) day. subject to the court;s discretion of extendin! the exa$ination for justifiable reason. ,fter the resentation of the last 'itness. only oral offer of evidence shall be allo'ed. and the o osin! arty shall i$$ediately inter ose his objections. +he jud!e shall forth'ith rule on the offer of evidence in o en court. +u1mi&&ion o" ca&e "or deci&ionI "iling o" memoranda ,fter the last arty has rested its case. the court shall issue an order sub$ittin! the case for decision. +he court $ay require the arties to sub$it their res ective $e$oranda. if ossible in electronic for$. 'ithin a nonextendible eriod of thirty (0A) days fro$ the date the case is sub$itted for decision. +he court shall have a eriod of sixty (BA) days to decide the case fro$ the date the case is sub$itted for decision.

h)

i) j)

>)

l)

Period to tr3 and decide

+he court shall have a eriod of one (1) year fro$ the filin! of the co$ laint to try and decide the case. )efore the ex iration of the one-year eriod. the court $ay etition the Su re$e -ourt for the extension of the eriod for justifiable cause. +he court shall cases. rioriti"e the adjudication of environ$ental

healthful ecolo!y is violated. or threatened 'ith violation by an unla'ful act or o$ission of a ublic official or e$ loyee. or rivate individual or entity. involvin! environ$ental da$a!e of such $a!nitude as to rejudice the life. health or ro erty of inhabitants in t'o or $ore cities or rovinces ?(ere to "ile +he etition shall be filed 'ith the Su re$e -ourt or 'ith any of the stations of the -ourt of , eals. 5o doc'et "ee& +he etitioner shall be exe$ t fro$ the ay$ent of doc>et fees. 4&&uance o" t(e writ =ithin three (0) days fro$ the date of filin! of the etition. if the etition is sufficient in for$ and substance. the court shall !ive an order< a) issuin! the 'rit? and b) requirin! the res ondent to file a verified return as rovided in Section 2 of this &ule +he cler> of court shall forth'ith issue the 'rit under the seal of the court includin! the issuance of a cease and desist order and other te$ orary reliefs effective until further order.

+TRATE74C :A?+84T A7A45+T P8B:4C PART4C4PAT4O5 , le!al action filed to harass. vex. exert undue ressure or stifle any le!al recourse that any erson. institution or the !overn$ent has ta>en or $ay ta>e in the enforce$ent of environ$ental la's. rotection of the environ$ent or assertion of environ$ental ri!hts shall be treated as a S:,** and shall be !overned by these &ules. +:APP a& a de"en&eI (ow alleged 5n a S:,** filed a!ainst a erson involved in the enforce$ent of environ$ental la's. rotection of the environ$ent. or assertion of environ$ental ri!hts. the defendant $ay file an ans'er inter osin! as a defense that the case is a S:,** and shall be su orted by docu$ents. affidavits. a ers and other evidence? and. by 'ay of counterclai$. ray for da$a!es. attorney;s fees and costs of suit. +he court shall direct the laintiff or adverse arty to file an o osition sho'in! the suit is not a S:,**. attachin! evidence in su ort thereof. 'ithin a non-extendible eriod of five (F) days fro$ recei t of notice that an ans'er has been filed. +he defense of a S:,** shall be set for hearin! by the court after issuance of the order to file an o osition 'ithin fifteen (1F) days fro$ filin! of the co$$ent or the la se of the eriod.

How t(e writ i& &er-ed +he 'rit shall be served u on the res ondent by a court officer or any erson de uti"ed by the court. 'ho shall retain a co y on 'hich to $a>e a return of service. 5n case the 'rit cannot be served substituted service shall a ly. ersonally. the rule on

Penalt3 "or re"u&ing to i&&ue or &er-e t(e writ , cler> of court 'ho unduly delays or refuses to issue the 'rit after its allo'ance or a court officer or de uti"ed erson 'ho unduly delays or refuses to serve the sa$e shall be unished by the court for conte$ t 'ithout rejudice to other civil. cri$inal or ad$inistrative actions. Return o" re&$ondentI content& =ithin a nonextendible eriod of ten (1A) days after service of the 'rit. the res ondent shall file a verified return 'hich shall contain all defences to sho' that res ondent did not violate or threaten to violate. or allo' the violation of any environ$ental la'. rule or re!ulation or co$$it any act resultin! to environ$ental da$a!e of such $a!nitude as to rejudice the life. health or ro erty of inhabitants in t'o or $ore cities or rovinces. ,ll defenses not raised in the return shall be dee$ed 'aived. +he return shall include affidavits of 'itnesses. docu$entary evidence. scientific or other ex ert studies. and if ossible. object evidence2 in su ort of the defense of the res ondent. , !eneral denial of alle!ations in the considered as an ad$ission thereof. etition shall be

+ummar3 (earing +he hearin! on the defense of a S:,** shall be su$$ary in nature. +he arties $ust sub$it all available evidence in su ort of their res ective ositions. +he arty see>in! the dis$issal of the case $ust rove by substantial evidence that his acts for the enforce$ent of environ$ental la' is a le!iti$ate action for the rotection. reservation and rehabilitation of the environ$ent. +he arty filin! the action assailed as a S:,** shall rove by re onderance of evidence that the action is not a S:,** and is a valid clai$.

Re&olution o" t(e de"en&e o" a +:APP +he affir$ative defense of a S:,** shall be resolved 'ithin thirty (0A) days after the su$$ary hearin!. 5f the court dis$isses the action. the court $ay a'ard da$a!es. attorney;s fees and costs of suit under a counterclai$ if such has been filed. +he dis$issal shall be 'ith rejudice. 5f the court rejects the defense of a S:,**. the evidence adduced durin! the su$$ary hearin! shall be treated as evidence of the arties on the $erits of the case. +he action shall roceed in accordance 'ith the &ules of -ourt.

E""ect o" "ailure to "ile return 5n case the res ondent fails to file a return. the court shall roceed to hear the etition ex parte. Hearing / on recei t of the return of the res ondent. the court $ay call a reli$inary conference to si$ lify the issues. deter$ine the ossibility of obtainin! sti ulations or ad$issions fro$ the arties. and set the etition for hearin!. +he hearin! includin! the reli$inary conference shall not extend beyond sixty (BA) days and shall be !iven the sa$e riority as etitions for the 'rits of habeas corpus, amparo and habeas data.

+PEC4A: C4V4: ACT4O5+ ?rit o" 'ali'a&an is a re$edy available to a natural or juridical erson. entity authori"ed by la'. eo le;s or!ani"ation. non-!overn$ental or!ani"ation. or any ublic interest !rou accredited by or re!istered 'ith any !overn$ent a!ency. on behalf of ersons 'hose constitutional ri!ht to a balanced and

!i&co-er3 Cea&ure& , arty $ay file a verified $otion for the follo'in! reliefs< a) Ocular Inspection; order +he $otion $ust sho' that an ocular ins ection order is necessary to establish the $a!nitude of the violation or the threat as to rejudice the life. health or ro erty of inhabitants in t'o or $ore cities or rovinces. 5t shall state in detail the ins ected. lace or laces to be

duty in violation of environ$ental la's resultin! in environ$ental destruction or da$a!e? #irectin! the res ondent ublic official. !overn$ent a!ency. rivate erson or entity to rotect. reserve. rehabilitate or restore the environ$ent? #irectin! the res ondent ublic official. !overn$ent a!ency. rivate erson or entity to $onitor strict co$ liance 'ith the decision and orders of the court? #irectin! the res ondent ublic official. !overn$ent a!ency. or rivate erson or entity to $a>e eriodic re orts on the execution of the final jud!$ent? and Such other reliefs 'hich relate to the ri!ht of the eo le to a balanced and healthful ecolo!y or to the rotection. reservation. rehabilitation or restoration of the environ$ent. exce t the a'ard of da$a!es to individual etitioners.

5t shall be su orted by affidavits of 'itnesses havin! ersonal >no'led!e of the violation or threatened violation of environ$ental la'. ,fter hearin!. the court $ay order any erson in ossession or control of a desi!nated land or other ro erty to er$it entry for the ur ose of ins ectin! or hoto!ra hin! the ro erty or any relevant object or o eration thereon. +he order shall s ecify the erson or ersons authori"ed to $a>e the ins ection and the date. ti$e. lace and $anner of $a>in! the ins ection and $ay rescribe other conditions to rotect the constitutional ri!hts of all arties. A$$eal

=ithin fifteen (1F) days fro$ the date of notice of the adverse jud!$ent or denial of $otion for reconsideration. any arty $ay a eal to the Su re$e -ourt under &ule 3F of the &ules of -ourt. +he a eal $ay raise questions of fact.

1)

Production or in&$ection o" document& or t(ing&I order +he $otion $ust sho' that a roduction order is necessary to establish the $a!nitude of the violation or the threat as to rejudice the life. health or ro erty of inhabitants in t'o or $ore cities or rovinces. ,fter hearin!. the court $ay order any erson in ossession. custody or control of any desi!nated docu$ents. a ers. boo>s. accounts. letters. hoto!ra hs. objects or tan!ible thin!s. or objects in di!iti"ed or electronic for$. 'hich constitute or contain evidence relevant to the etition or the return. to roduce and er$it their ins ection. co yin! or hoto!ra hin! by or on behalf of the $ovant. +he roduction order shall s ecify the erson or ersons authori"ed to $a>e the roduction and the date. ti$e. lace and $anner of $a>in! the ins ection or roduction and $ay rescribe other conditions to rotect the constitutional ri!hts of all arties.

4n&titution o" &e$arate action& +he filin! of a etition for the issuance of the 'rit of kalikasan shall not reclude the filin! of se arate civil. cri$inal or ad$inistrative actions. ?R4T O/ CO5T458457 MANDAMUS commands the respondent to do an act or series of acts until the judgement is fully satisfied is a civil action that may be availed of to compel the performance of an act specifically enjoined by law

Note: it permits the court to retain jurisdiction after judgement in order to ensure the successful implementation of the reliefs mandated under the courts decision ?(ere to "ile t(e $etition +he etition shall be filed 'ith the &e!ional +rial -ourt exercisin! jurisdiction over the territory 'here the actionable ne!lect or o$ission occurred or 'ith the -ourt of , eals or the Su re$e -ourt. 5o doc'et "ee& +he etitioner shall be exe$ t fro$ the ay$ent of doc>et fees. Order to comment 5f the etition is sufficient in for$ and substance. the court shall issue the 'rit and require the res ondent to co$$ent on the etition 'ithin ten (1A) days fro$ recei t of a co y thereof. Such order shall be served on the res ondents in such $anner as the court $ay direct. to!ether 'ith a co y of the etition and any annexes thereto. E,$editing $roceeding&I TEPO +he court in 'hich the etition is filed $ay issue such orders to ex edite the roceedin!s. and it $ay also !rant a +E*O for the reservation of the ri!hts of the arties endin! such roceedin!s. Proceeding& a"ter comment i& "iled ,fter the co$$ent is filed or the ti$e for the filin! thereof has ex ired. the court $ay hear the case 'hich shall be su$$ary in nature or require the arties to sub$it $e$oranda.

Contem$t +he court $ay after hearin! unish the res ondent 'ho refuses or unduly delays the filin! of a return. or 'ho $a>es a false return. or any erson 'ho disobeys or resists a la'ful rocess or order of the court for indirect conte$ t under &ule @1 of the &ules of -ourt. +u1mi&&ion o" ca&e "or deci&ionI "iling o" memoranda ,fter hearin!. the court shall issue an order sub$ittin! the case for decision. +he court $ay require the filin! of $e$oranda and if ossible. in its electronic for$. 'ithin a non-extendible eriod of thirty (0A) days fro$ the date the etition is sub$itted for decision. 0udgment =ithin sixty (BA) days fro$ the ti$e the etition is sub$itted for decision. the court shall render jud!$ent !rantin! or denyin! the rivile!e of the 'rit of kalikasan. T(e relie"& t(at ma3 1e granted under t(e writ are t(e "ollowing* #irectin! res ondent to er$anently cease and desist fro$ co$$ittin! acts or ne!lectin! the erfor$ance of a

+he etition shall be resolved 'ithout delay 'ithin sixty (BA) days fro$ the date of the sub$ission of the etition for resolution.

Re&$ondent Venue

$ay be a rivate individual or entity Onl3 in +C or any of the stations of the CA in (anila. -ebu or -#O

0udgment 5f 'arranted. the court shall !rant the rivile!e of the 'rit of continuin! mandamus requirin! res ondent to erfor$ an act or series of acts until the jud!$ent is fully satisfied and to !rant such other reliefs as $ay be 'arranted resultin! fro$ the 'ron!ful or ille!al acts of the res ondent. +he court shall require the res ondent to sub$it eriodic re orts detailin! the ro!ress and execution of the jud!$ent. and the court $ay. by itself or throu!h a co$$issioner or the a ro riate !overn$ent a!ency. evaluate and $onitor co$ liance. +he etitioner $ay sub$it its co$$ents or observations on the execution of the jud!$ent.

!i&co-er3 Cea&ure&

!amage& "or $er&onal injur3

incor orates the rocedural environ$ental ri!ht of access to infor$ation throu!h the use of discovery $easures such as Ocular in&$ection order and $roduction order !oe& not allow t(e $a3ment o" damage& consistent 'ith the ublic interest character of the etition

5s only the !overn$ent or its officers RTC exercisin! jurisdiction over the territory 'here the actionable ne!lect or o$ission occurred? CAI or +C does not contain any rovision for discovery $easures

Allow& $a3ment o" damage& for $alicious ne!lect of the erfor$ance of the duty of the res ondent

Return o" t(e writ +he eriodic re orts sub$itted by the res ondent detailin! co$ liance 'ith the jud!$ent shall be contained in artial returns of the 'rit. / on full satisfaction of the jud!$ent. a final return of the 'rit shall be $ade to the court by the res ondent. 5f the court finds that the jud!$ent has been fully i$ le$ented. the satisfaction of jud!$ent shall be entered in the court doc>et.

CR4C45A: PROCE!8RE PRO+EC8T4O5 O/ O//E5+E+ ?(o ma3 "ile ,ny offended arty. eace officer or any ublic officer char!ed 'ith the enforce$ent of an environ$ental la' $ay file a co$ laint before the ro er officer in accordance 'ith the &ules of -ourt. O""en&e& under t(e Re-i&ed /ore&tr3 Code (P! 5o. <DA a. -uttin!. !atherin!. collectin! and re$ovin! of ti$ber or other forest roducts fro$ any forest land. or ti$ber fro$ alienable or dis osable ublic land. or fro$ rivate land 'ithout authority? and b. +he ossession of ti$ber or other forest roducts 'ithout the le!al docu$ents required under existin! la's and re!ulations

?rit o" 'ali'a&an -& ?rit o" continuing mandamu& ?rit o" 'ali'a&an +u1ject matter is available a!ainst an unla'ful act or o$ission of a ublic official or e$ loyee. or rivate individual or entity. involvin! environ$ental da$a!e of such $a!nitude as to rejudice the life. health or ro erty of inhabitants in 2 or $ore cities or rovinces ?rit o" continuing mandamu& is directed a!ainst a) unla'fully ne!lects the erfor$ance of an act 'hich the la' s ecifically enjoins as a duty resultin! fro$ an office. trust or station in connection 'ith the enforce$ent or violation of an environ$ental la' rule or re!ulation or a ri!ht therein or b) unla'ful exclusion another fro$ the use or enjoy$ent of such ri!ht and. in both instances. there is no other lain. s eedy and adequate re$edy in the ordinary course of la' is available only to one 'ho is ersonally a!!rieved by the unla'ful act or o$ission

O""en&e& under t(e Cining Act (RA 5o <>=@) 5lle!ally-sourced $ineral1$ineral roducts (those that are $ined. extracted. re$oved and or dis osed of 'ithout authority or er$it under existin! $inin! la's. rules and re!ulations) Pro(i1ition& under t(e /i&(erie& Code (RA 5o. ;AAD) a. *oachin! in *hil. =aters b. 4ishin! throu!h ex losives. noxious or oisonous substances. use of fine $esh net c. )an coral ex loitation and ex ortation d. -onversion of $an!roves e. 4ishin! in overfished areas durin! closed season f. 4ishin! in fishery reserves. refu!e and sanctuaries O""en&e& under t(e ?ater Code (P! 5o. BD6<) a. , ro riation of subterranean or !round 'ater for do$estic use by an overlyin! lando'ner 'ithout re!istration required by the -ouncil 1. 4ailure to co$ ly 'ith any of the ter$s or conditions in a 'ater er$it or a 'ater ri!hts !rants c. /nauthori"ed use of 'ater for ur ose other than that for 'hich a ri!ht or er$it 'as !ranted

?(o ma3 "ile

is a re$edy available to a natural or juridical erson. entity authori"ed by la'. eo le;s or!ani"ation. non-!overn$ental or!ani"ation. or any ublic interest !rou accredited by or re!istered 'ith any !overn$ent a!ency. on behalf of ersons 'hose constitutional ri!ht to a balanced and healthful ecolo!y is violated

/iling o" t(e in"ormation ,n infor$ation. char!in! a erson 'ith a violation of an environ$ental la' and subscribed by the rosecutor. shall be filed 'ith the court. +$ecial $ro&ecutor 5n cri$inal cases. 'here there is no rivate offended arty. a counsel 'hose services are offered by any erson or or!ani"ation $ay be allo'ed by the court as s ecial

rosecutor. 'ith the consent of and subject to the control and su ervision of the ublic rosecutor. PRO+EC8T4O5 O/ C4V4: ACT4O5+ 4n&titution o" criminal and ci-il action& =hen a cri$inal action is instituted. the civil action for the recovery of civil liability arisin! fro$ the offense char!ed. shall be dee$ed instituted 'ith the cri$inal action unless the co$ lainant 'aives the civil action. reserves the ri!ht to institute it se arately or institutes the civil action rior to the cri$inal action. /nless the civil action has been instituted rior to the cri$inal action. the reservation of the ri!ht to institute se arately the civil action shall be $ade durin! arrai!n$ent. 5n case civil liability is i$ osed or da$a!es are a'arded. the filin! and other le!al fees shall be i$ osed on said a'ard in accordance 'ith &ule 131 of the &ules of -ourt. and the fees shall constitute a first lien on the jud!$ent a'ard. +he da$a!es a'arded in cases 'here there is no rivate offended arty. less the filin! fees. shall accrue to the funds of the a!ency char!ed 'ith the i$ le$entation of the environ$ental la' violated. +he a'ard shall be used for the restoration and rehabilitation of the environ$ent adversely affected.

re ort. co$ liance re ort. hoto!ra hs. re resentative sa$ les and other ertinent docu$ents to the ublic rosecutor for a ro riate action. / on $otion by any interested arty. the court $ay direct the auction sale of sei"ed ite$s. equi $ent. ara hernalia. tools or instru$ents of the cri$e. +he court shall. after hearin!. fix the $ini$u$ bid rice based on the reco$$endation of the concerned !overn$ent a!ency. +he sheriff shall conduct the auction. +he auction sale shall be 'ith notice to the accused. the erson fro$ 'ho$ the ite$s 'ere sei"ed. or the o'ner thereof and the concerned !overn$ent a!ency. +he notice of auction shall be osted in three cons icuous laces in the city or $unici ality 'here the ite$s. equi $ent. ara hernalia. tools or instru$ents of the cri$e 'ere sei"ed. +he roceeds shall be held in trust and de osited 'ith the !overn$ent de ository ban> for dis osition accordin! to the jud!$ent.

Rule BE PROV4+4O5A: RECE!4E+ Attac(ment in en-ironmental ca&e& +he rovisional re$edy of attach$ent under &ule 12@ of the &ules of -ourt $ay be availed of in environ$ental cases. Environmental Protection Order (EPO); Temporary Environmental Protection Order (TEPO) in criminal cases +he rocedure for and issuance of E*O and +E*O shall be !overned by &ule 2 of these &ules. Rule B= BA4: is the security !iven for the release of a erson in custody of the la'. furnished by hi$ or a bond$an. to !uarantee his a earance before any court %ote< , erson $ust first be arrested or de rived of his liberty. , lication for or ad$ission to bail shall not bar the accused fro$ challen!in! the validity of his arrest or the le!ality of the 'arrant issued therefor. ?(ere "iled )ail in the a$ount fixed $ay be filed 'ith the court 'here the case is endin!. or in the absence or unavailability of the jud!e thereof. 'ith any re!ional trial jud!e. $etro olitan trial jud!e. $unici al trial jud!e or $unici al circuit trial jud!e in the rovince. city or $unici ality. 5f the accused is arrested in a rovince. city or $unici ality other than 'here the case is endin!. bail $ay also be filed 'ith any &e!ional +rial -ourt of said lace. or if no jud!e thereof is available. 'ith any $etro olitan trial jud!e. $unici al trial jud!e or $unici al circuit trial jud!e therein. 5f the court !rants bail. the court $ay issue a hold-de arture order in a ro riate cases.

ARRE+T Arre&t wit(out warrantI w(en law"ul , eace officer or an individual de uti"ed by the ro er !overn$ent a!ency $ay. 'ithout a 'arrant. arrest a erson< =hen. in his resence. the erson to be arrested has co$$itted. is actually co$$ittin! or is atte$ tin! to co$$it an offense? or =hen an offense has just been co$$itted. and he has robable cause to believe based on ersonal >no'led!e of facts or circu$stances that the erson to be arrested has co$$itted it. 5ndividuals de uti"ed by the ro er !overn$ent a!ency 'ho are enforcin! environ$ental la's shall enjoy the resu$ tion of re!ularity under Section 0($). &ule 101 of the &ules of -ourt 'hen effectin! arrests for violations of environ$ental la's. ?arrant o" arre&t ,ll 'arrants of arrest issued by the court shall be acco$ anied by a certified true co y of the infor$ation filed 'ith the issuin! court. C8+TO!9 A5! !4+PO+4T4O5 O/ +E4JE! 4TEC+2 EK84PCE5T2 PARAPHER5A:4A2 CO5VE9A5CE+ A5! 45+TR8CE5T+ Cu&tod3 and di&$o&ition o" &eized item& +he custody and dis osition of sei"ed ite$s shall be in accordance 'ith the a licable la's or rules ro$ul!ated by the concerned !overn$ent a!ency. Procedure 5n the absence of a licable la's or rules ro$ul!ated by the concerned !overn$ent a!ency. the follo'in! rocedure shall be observed< +he a rehendin! officer havin! initial custody and control of the sei"ed ite$s. equi $ent. ara hernalia. conveyances and instru$ents shall hysically inventory and 'henever racticable. hoto!ra h the sa$e in the resence of the erson fro$ 'ho$ such ite$s 'ere sei"ed. +hereafter. the a rehendin! officer shall sub$it to the issuin! court the return of the search 'arrant 'ithin five (F) days fro$ date of sei"ure or in case of 'arrantless arrest. sub$it 'ithin five (F) days fro$ date of sei"ure. the inventory

!utie& o" t(e court )efore !rantin! the a lication for bail. the jud!e $ust read the infor$ation in a lan!ua!e >no'n to and understood by the accused and require the accused to si!n a 'ritten underta>in!. as follo's< +o a ear before the court that issued the 'arrant of arrest for arrai!n$ent ur oses on the date scheduled. and if the accused fails to a ear 'ithout justification on the date of arrai!n$ent. accused 'aives the readin! of the infor$ation and authori"es the court to enter a lea of not !uilty on behalf of the accused and to set the case for trial? +o a ear 'henever required by the court 'here the case is endin!? and

!) +o 'aive the ri!ht of the accused to be resent at the trial. and u on failure of the accused to a ear 'ithout justification and des ite due notice. the trial $ay roceed in absentia.

+o $ar> the affidavits of 'itnesses 'hich shall be in question and ans'er for$ and shall constitute the direct exa$ination of the 'itnesses? and +o attach the (inutes and $ar>ed exhibits to the case record before the re-trial ro er. +he arties or their counsel $ust sub$it to the branch cler> of court the na$es. addresses and contact nu$bers of the affiants.

h)

R8:E BA ARRA475CE5T A5! P:EA Arraignment +he court shall set the arrai!n$ent of the accused 'ithin fifteen (1F) days fro$ the ti$e it acquires jurisdiction over the accused. 'ith notice to the ublic rosecutor and offended arty or concerned !overn$ent a!ency that it 'ill entertain lea-bar!ainin! on the date of the arrai!n$ent.

PreGtrial dut3 o" t(e judge #urin! the re-trial. the court shall< a) *lace the arties and their counsels under oath? b) ,do t the $inutes of the reli$inary conference as art of the re-trial roceedin!s. confir$ $ar>in!s of exhibits or substituted hotoco ies and ad$issions on the !enuineness and due execution of docu$ents. and list object and testi$onial evidence? Scrutini"e the infor$ation and the state$ents in the affidavits and other docu$ents 'hich for$ art of the record of the reli$inary investi!ation to!ether 'ith other docu$ents identified and $ar>ed as exhibits to deter$ine further ad$issions of facts as to< i. +he court;s territorial jurisdiction relative to the offense(s) char!ed? ii. Hualification of ex ert 'itnesses? and iii. ,$ount of da$a!es? #efine factual and le!al issues? ,s> arties to a!ree on the s ecific trial dates and adhere to the flo' chart deter$ined by the court 'hich shall contain the ti$e fra$es for the different sta!es of the roceedin! u to ro$ul!ation of decision? &equire the arties to sub$it to the branch cler> of court the na$es. addresses and contact nu$bers of 'itnesses that need to be su$$oned by sub oena? and -onsider $odification of order of trial if the accused ad$its the char!e but inter oses a la'ful defense.

PleaG1argaining is a rocess 'hereby the accused and the rosecution 'or> out $utually satisfactory dis osition of the case subject to court a roval *ur ose< to avoid the situation 'here the initial durin! the trial itself lea is chan!e

c)

5OTE< On the scheduled date of arrai!n$ent. the court shall consider leabar!ainin! arran!e$ents. =here the rosecution and offended arty or concerned !overn$ent a!ency a!ree to the lea offered by the accused. the court shall< 5ssue an order 'hich contains the lea-bar!ainin! arrived at? *roceed to receive evidence on the civil as ect of the case. if any? and &ender and ro$ul!ate jud!$ent of conviction. includin! the civil liability for da$a!es. d) e)

f)

R8:E B6 PREGTR4A: is a devise to li$it the issues and avoid unnecessary delays and sur rises *ur ose< to facilitate the or!ani"ation of trial and to si$ lify the issues to be resolved +etting o" $reGtrial con"erence ,fter the arrai!n$ent. the court shall set the conference 'ithin thirty (0A) days. re-trial

!)

Canner o" que&tioning ,ll questions or state$ents $ust be directed to the court. Agreement& or admi&&ion& ,ll a!ree$ents or ad$issions $ade or entered durin! the re-trial conference shall be reduced in 'ritin! and si!ned by the accused and counsel? other'ise. they cannot be used a!ainst the accused. +he a!ree$ents coverin! the $atters referred to in Section 1. &ule 112 of the &ules of -ourt shall be a roved by the court. Record o" $roceeding& ,ll roceedin!s durin! the re-trial shall be recorded. the transcri ts re ared and the $inutes si!ned by the arties or their counsels. PreGtrial order +he court shall issue a re-trial order 'ithin ten (1A) days after the ter$ination of the re-trial. settin! forth the actions ta>en durin! the re-trial conference. the facts sti ulated. the ad$issions $ade. evidence $ar>ed. the nu$ber of 'itnesses to be resented and the schedule of trial. +he order shall bind the action durin! the trial. arties and control the course of

5t $ay refer the case to the branch cler> of court. if 'arranted. for a reli$inary conference to be set at least three (0) days rior to the re-trial. Preliminar3 con"erence +he reli$inary conference shall be for the follo'in! ur oses< a) +o assist the arties in reachin! a settle$ent of the civil as ect of the case? b) c) d) +o $ar> the docu$ents to be resented as exhibits? +o attach co ies thereof to the records after co$ arison 'ith the ori!inals? +o ascertain fro$ the arties the undis uted facts and ad$issions on the !enuineness and due execution of docu$ents $ar>ed as exhibits? +o consider such other $atters as $ay aid in the dis osition of the case? ro$ t

e) f)

+o record the roceedin!s durin! the reli$inary conference in the (inutes of *reli$inary -onference to be si!ned by the arties and counsel?

R8:E B< TR4A: Continuou& trial +he court shall endeavor to conduct continuous trial 'hich shall not exceed three (0) $onths fro$ the date of the issuance of the re-trial order.

A""ida-it in lieu o" direct e,amination ,ffidavit in lieu of direct exa$ination shall be used. subject to cross-exa$ination and the ri!ht to object to inad$issible ortions of the affidavit. +u1mi&&ion o" memoranda +he court $ay require the arties to sub$it their res ective $e$oranda and if ossible. in electronic for$. 'ithin a nonextendible eriod of thirty (0A) days fro$ the date the case is sub$itted for decision. =ith or 'ithout any $e$oranda filed. the court shall have a eriod of sixty (BA) days to decide the case counted fro$ the last day of the 0A-day eriod to file the $e$oranda. !i&$o&ition $eriod +he court shall dis ose the case 'ithin a eriod of ten (1A) $onths fro$ the date of arrai!n$ent. Pro 1ono law3er& 5f the accused cannot afford the services of counsel or there is no available ublic attorney. the court shall require the 5nte!rated )ar of the *hili ines to rovide pro bono la'yers for the accused. R8:E B; +8B+4!4AR9 :4AB4:4T9 5n case of conviction of the accused and subsidiary liability is allo'ed by la'. the court $ay. by $otion of the erson entitled to recover under jud!$ent. enforce such subsidiary liability a!ainst a erson or cor oration subsidiarily liable under ,rticle 1A2 and ,rticle 1A0 of the &evised *enal -ode. R8:E B> +TRATE74C :A?+84T A7A45+T P8B:4C PART4C4PAT4O5 45 CR4C45A: CA+E+ Cotion to di&mi&& / on the filin! of an infor$ation in court and before arrai!n$ent. the accused $ay file a $otion to dis$iss on the !round that the cri$inal action is a S:,**. +ummar3 (earing +he hearin! on the defense of a S:,** shall be su$$ary in nature. +he arties $ust sub$it all the available evidence in su of their res ective ositions. ort

+he constitutional ri!ht of the eo le to a balanced and healthful ecolo!y shall be !iven the benefit of the doubt. +tandard& "or a$$lication 5n a lyin! the recautionary rinci le. the follo'in! factors. a$on! others. $ay be considered< 1) threats to hu$an life or health? 2) inequity to resent or future !enerations? or 0) rejudice to the environ$ent 'ithout le!al consideration of the environ$ental ri!hts of those affected. R8:E @B !OC8CE5TAR9 EV4!E5CE P(otogra$(ic2 -ideo and &imilar e-idence *hoto!ra hs. videos and si$ilar evidence of events. acts. transactions of 'ildlife. 'ildlife by- roducts or derivatives. forest roducts or $ineral resources subject of a case shall be ad$issible 'hen authenticated by the erson 'ho too> the sa$e. by so$e other erson resent 'hen said evidence 'as ta>en. or by any other erson co$ etent to testify on the accuracy thereof. Entrie& in o""icial record& Entries in official records $ade in the erfor$ance of his duty by a ublic officer of the *hili ines. or by a erson in erfor$ance of a duty s ecially enjoined by la'. are prima facie evidence of the facts therein stated. R8:E @@ /45A: PROV4+4O5+ E""ecti-it3 +hese &ules shall ta>e effect 'ithin fifteen (1F) days follo'in! ublication once in a ne's a er of !eneral circulation. A$$lication o" t(e Rule& o" Court +he &ules of -ourt shall a ly in a su exce t as other'ise rovided herein. letory $anner.

+he arty see>in! the dis$issal of the case $ust rove by substantial evidence that his act for the enforce$ent of environ$ental la' is a le!iti$ate action for the rotection. reservation and rehabilitation of the environ$ent. +he arty filin! the action assailed as a S:,** shall rove by re onderance of evidence that the action is not a S:,**. Re&olution +he court shall !rant the $otion if the accused establishes in the su$$ary hearin! that the cri$inal case has been filed 'ith intent to harass. vex. exert undue ressure or stifle any le!al recourse that any erson. institution or the !overn$ent has ta>en or $ay ta>e in the enforce$ent of environ$ental la's. rotection of the environ$ent or assertion of environ$ental ri!hts. 5f the court denies the $otion. the court shall i$$ediately roceed 'ith the arrai!n$ent of the accused. EV4!E5CE R8:E @D PRECA8T4O5AR9 PR45C4P:E A$$lica1ilit3 =hen there is a lac> of full scientific certainty in establishin! a causal lin> bet'een hu$an activity and environ$ental effect. the court shall a ly the recautionary rinci le in resolvin! the case before it.