ALONZO
A. WRIT OF CONTINUING MANDAMUS
MEANING OF CONTINUING MANDAMUS
Sec. 4(c), Rule I, Part I, Rules of Procedure for Environmental Cases.
Continuing mandamus is writ issued by a court in an environmental
case directing any agency or instrumentality of a government or officer
thereof to perform an act or series of acts decreed by final judgement
which remain effective until judgement is fully satisfied.
WHEN THE WRIT IS AVAILABLE
Sec. 1, Rule 8, Part III, Rules of Procedure for Environmental Cases.
1. The writ is available when any agency, instrumentality of the
government, or officer thereof:
A. Unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or station in
connection with the enforcement or violation of an environmental law
rule or regulation or right therein; or
B. Unlawfully excludes another from the use or enjoyment of such right
2. There must be a showing that there is no other plain, speedy and
adequate remedy in the ordinary course of law.
FORM AND CONTENTS OF THE PETITION
Sec. 1, Rule 8, Part III, Rules of Procedure for Environmental Cases.
The petition filed by the person aggrieved shall be verified. It shall allege
the facts with certainty, attaching thereto supporting evidence,
specifying that the petition concerns an environmental law, rule or
regulation, and praying that the judgment be rendered commanding the
respondents to do an act or series of acts until the judgment is fully
satisfied, and to pay damages sustained by the petitioner by reason of
the malicious neglect to perform the duties of the respondent, under the
law, rules or regulations. The petition shall also contain a sworn
certificate of non-forum shopping.
WHERE TO FILE THE PETITION
Sec. 2, Rule 8, Part III, Rules of Procedure for Environmental Cases.
The petition shall be filed with the:
a) Regional Trial court exercising jurisdiction over the territory where
the actionable neglect or omission occurred;
b) Court of Appeals; or
c) Supreme Court
NO DOCKET FEES
Sec. 3, Rule 8, Part III, Rules of Procedure for Environmental Cases.
No docket fees to be paid. Petitioner shall be exempt from the payment
thereof.
ACTION OF THE COURT WHEN THE PETITION IS FILED
Sec. 5, Rule 8, Part III, Rules of Procedure for Environmental Cases.
1. When the petition is duly filed, the court may:
a) Issue such orders to expedite the proceedings and;
b) Grant a Temporary Environmental Protection Order for the
preservation of the rights of the parties pending such proceedings.
Sec. 8, Rule 2, Part II, Rules of Procedure for Environmental Cases.
2. The TEPO is granted if it appears that the matter is of extreme
urgency and the applicant will suffer grave injustice and irreparable
injury.
ORDER TO COMMENT
Sec. 4, Rule 8, Part III, Rules of Procedure for Environmental Cases.
If the petition is sufficient in form and substance, the court shall issue
the writ and require the respondent on the petition within 10 days from
receipt of a copy. Such order shall be served on the respondents in
such manner as the court may direct together with 5 copy of the petition
and any annexes.
PROCEEDINGS AFTER COMMENT IS FILED
Sec. 6, Rule 8, Part III, Rules of Procedure for Environmental Cases.
1. After the comment is filled or the time for the filling has expired, the
court has options:
a) The court may hear the case if it does decide to conduct a hearing,
the rule requires that it be summary in nature;
b) The court may, however, opt to merely require the parties to submit
memorandum.
2. The petitioner shall be resolved without delay within 60 days from the
date of submission of the petition for resolution.
JUDGMENT; PERIODIC REPORTS
Sec. 7, Rule 8, Part III, Rules of Procedure for Environmental Cases.
1. If warranted, the court shall:
a) Grant the privilege of the writ of continuing mandamus requiring the
respondent to perform an act or series of act until the judgment is fully
satisfied, and;
b) Grant shall other reliefs as maybe warranted resulting from the
wrongful or illegal acts of the respondent.
2. The court shall also require the respondent to submit periodic reports
detailing the progress and execution of the judgment and the court may
by itself or through a commissioner or the appropriate government
agency evaluate and monitor compliance.
Sec. 8, Rule 8, Part III, Rules of Procedure for Environmental Cases.
3. The periodic report shall contained impartial returns by the writ.
COMMENTS OF PETITIONER
Sec. 7, Rule 8, Part III, Rules of Procedure for Environmental Cases.
The petitioner may submit its comments or observations on the
execution of the judgment.
RETURN OF THE WRIT; FINAL RETURN
Sec. 8, Rule 8, Part III, Rules of Procedure for Environmental Cases.
Upon full satisfaction by the judgment, the respondent shall make a final
return of the writ to the court which rendered the judgment by the
respondent. If the court finds that the judgment has been fully
implemented, the satisfaction of the judgment shall me entered in the
court docket.
B. WRIT OF KALIKASAN
REQUISITES FOR THE WRIT TO BE AVAILABLE
Sec. 1, Rule 7, Part III, Rules of Procedure for Environmental Cases.
1. The writ is available to a:
(a) Natural person;
(b) Juridical person;
(c) Entity authorized by law;
(d) People’s organization;
(e) Non-governmental organization or;
(f) Any public interest group accredited by or registered with any
governmental agency.
2. The petition for the writ may be filed not only on one’s personal behalf
but also on behalf of persons whose constitutional right to a balanced
and healthful ecology is violated.
3. An actual violation of the constitutional right to a balanced and
healthful ecology is not required before the writ may be availed of. It is
sufficient that the right is threatened with a violation.
4. The violation or threatened violation is caused by an unlawful act or
omission and the one responsible for such is any of the following:
(a) public official;
(b) public employee;
(c) private individual;
(d) private entity.
5. The unlawful act or omission involves an environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants
in two or more cities or provinces.
VERIFIED PETITION; CONTENTS
Sec. 2, Rule 7, Part III, Rules of Procedure for Environmental Cases.
1. The rule require that the petition be verified and contain the personal
circumstances of the petitioner. It shall contain the name and personal
circumstances of the respondent or he may be described by an
assumed appellation if his name and personal circumstances are
unknown and uncertain.
2. Aside from the names and personal circumstances of the petitioner
and respondents, the petition shall contain the following:
(a) Environmental law, rule of regulation violated or threatened
to be violated;
(b) Act or Omission complained of;
(c) Environmental damage of such magnitude as to prejudice
the life, health or property of the inhabitants in two or more cities or
provinces; and
(d) All relevant and material evidence consisting of the affidavits
of witnesses, documentary evidence, scientific or other expert studies,
and, if possible, object evidence.
3. The petition shall also contain the equivalent of a certification against
forum shopping. The certification, which shall be under oath, shall state
that:
(a) The petitioner has not commenced any action or filed any
claim involving the same issues in any court, tribunal or quasi-judicial
agency, and no such other action or claim is pending therein;
(b) If there is such other pending action or claim, a complete
statement of its present status; and
(c) If the petitioner should learn that the same or similar action
or claim has been filed or is pending, he shall report to the court that fact
within (5) days.
4. The petition shall also state the reliefs prayed for which may include a
prayer for the issuance of a Temporary Environmental Protection Order.
COURT WHERE THE PETITION IS FILED
Sec. 3, Rule 7, Part III, Rules of Procedure for Environmental Cases.
The petition shall be filed with the Supreme Court or with any of the
stations of the Court of Appeals.
DOCKET FEE
Sec. 4, Rule 7, Part III, Rules of Procedure for Environmental Cases.
No docket fees are to be paid by the petitioner. The rule clearly provides
that the “petitioner shall be exempt from the payment of docket fees”.
ISSUANCE OF THE WRIT
Sec. 5, Rule 7, Part III, Rules of Procedure for Environmental Cases.
1. The court shall give an order:
(a) Issuing the writ; and
(b) Requiring the respondents to file a verified return.
2. The above order shall be issued within (3) days from the date of filing
of the petition. Such order, however, shall not be issued as a matter of
course. It shall be issued only if the petition is sufficient in form and
substance.
DUTY OF THE CLERK OF COURT
Sec. 5, Rule 7, Part III, Rules of Procedure for Environmental Cases.
Upon receipt of the order of the court, the clerk of court shall issue the
writ of kalikasan under the seal of the court including the issuance of a
cease and desist order and other temporary reliefs which shall be
effective until further orders.
PENALTY FOR REFUSING TO ISSUE THE WRIT
Sec. 7, Rule 7, Part III, Rules of Procedure for Environmental Cases.
If the clerk of court either:
(a) Unduly delays; or
(b) Refuses to issue the writ after its allowance by court, he shall be
punished by the court for contempt without prejudice to other civil,
criminal or administrative actions.
SERVICE OF THE WRIT
Sec. 6, Rule 7, Part III, Rules of Procedure for Environmental Cases.
1. The writ shall be served upon the respondent by court officer. It may
also be served by any person deputized by the court.
2. The writ shall first be served by any personally upon the respondents.
In case the writ cannot be served personally, the rule on substituted
service shall apply. The substituted service referred to is Sec. 7 of Rule
14 of the Rules of Court.
3. The server is required to retain a copy of writ on which to make a
return of service.
PENALTY FOR REFUSING TO SERVE THE WRIT
Sec. 7, Rule 7, Part III, Rules of Procedure for Environmental Cases.
A court officer or deputized person who:
(a) Unduly delays; or
(b) Refuses to serve the writ shall be punished for contempt without
prejudice to other civil, criminal or administrative actions.
RETURN OF RESPONDENT; NON-EXTENDIBLE
1. Recall that the court, upon finding the petition sufficient in form and
substance, shall issue an order not only for the issuance of the writ but
also for filling of the verified return by the respondent. (Sec. 5, Rule 7,
Part III, Rules of Procedure for Environmental Cases.)
This verified return shall be filed by the respondent within a period of 10
days after service of writ. (Sec. 8, Rule 7, Part III, Rules of Procedure for
Environmental Cases.)
The period to file a return is non-extendible. A motion for extension of
time to file a return is prohibited.
2. The respondents cannot delay the filling of a return on the pretext that
the petition contains matters which are not averred with sufficient
definiteness or clarity because a motion for bill of particulars is
prohibited motion. (Sec. 9 [d], Rule 7, Part III, Rules of Procedure for
Environmental Cases.) A motion for postponement is, likewise, not
allowed. (Sec. 9 [c], Rule 7, Part III, Rules of Procedure for
Environmental Cases.)
CONTENT OF THE VERIFIED RETURN OF RESPONDENT
Sec. 8, Rule 7, Part III, Rules of Procedure for Environmental Cases.
1. The verified return shall contain all defenses to show that the
respondents did not:
(a) Violate;
(b) Threaten to violate;
(c) Allow the violation of any environmental law, rule or regulation, or
(d) Commit any act resulting to environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
The defenses must be contained in the return and a general denial of
the allegations in the petition shall be considered as an admission.
2. The return shall include affidavits of witnesses, documentary
evidence, scientific or other expert studies, and, if possible object
evidence, in support of the defense of the respondents.
WAIVER OF DEFENSES
Sec. 8, Rule 7, Part III, Rules of Procedure for Environmental Cases.
All defenses not raised in the return shall be deemed waived.
EFFECT OF FAILURE TO FILE THE RETURN
1. The respondents cannot be declared in default for failure to file a
return because a motion to declare the respondent in default is
prohibited motion. (Sec. 9 [h], Rule 7, Part III, Rules of Procedure for
Environmental Cases.)
2. In case the respondent fails to file a return, the court shall proceed to
hear the petition ex parte. (Sec. 10, Rule 7, Part III, Rules of Procedure
for Environmental Cases.)
3. The respondent is not allowed to file a motion to dismiss the petition,
instead of filing a return, because it is one of the prohibited motions
under the Rules. (Sec. 9 [a], Rule 7, Part III, Rules of Procedure for
Environmental Cases.)
CONTEMPT OF PROCEEDINGS
Sec. 13, Rule 7, Part III, Rules of Procedure for Environmental Cases.
1. The respondent who:
(a) Refuses;
(b) Unduly delays the filing of return; or
(c) Makes a false return may, after hearing, be punished for indirect
contempt under Rule 71 of the Rules of Court.
2. The same contempt proceedings may apply to any persons who:
(a) Disobeys; or
(b) Resists a lawful process or order of the court.

PRELININARY CONFERENCE; MODES OF DISCOVERY
Sec. 11, Rule 7, Part III, Rules of Procedure for Environmental Cases.
1. Upon receipt of the return of the respondents, the court may call a
preliminary conference in order to:
(a) Simplify the issues; and
(b) Determine the possibility of obtaining stipulations or admissions from
the parties.
The phraseology of the rule discloses that a preliminary hearing is not
mandatory. The term “may” confers the discretion to call a preliminary
conference upon the court.
Sec. 12, Rule 7, Part III, Rules of Procedure for Environmental Cases.
2. A party may file a motion for certain reliefs. The motion must be
verified. Such relief are:
(a) Ocular inspection order; and
(b) Production or inspection of documents or things.
HEARING; PRIORITY GIVEN
Sec. 11, Rule 7, Part III, Rules of Procedure for Environmental Cases.
After the preliminary conference, the petition shall also be set for
hearing. The period of the hearing, including the preliminary conference,
shall not extend beyond 60 days and shall be given the same priority as
petitions for the writs of habeas corpus, amparo and habeas data.
SUBMISSION OF CASE FOR DECISION; SUBMISSION OF
MEMORANDA
Sec. 14, Rule 7, Part III, Rules of Procedure for Environmental Cases.
After hearing, the court shall issue an order submitting the case for
decision. The court may, however, require the filling of memoranda
within a non-extendible period of 30 days from the date the petition is
submitted for decision. The memoranda submitted may be, if possible,
in electronic form.
JUDGMENT; PERIOD TO RENDER
Sec. 15, Rule 7, Part III, Rules of Procedure for Environmental Cases.
The court shall render judgment within 60 days from the time the petition
is submitted for decision. The judgment shall either grant or deny the
privilege of the writ of kalikasan.
RELIEFS WHICH THE COURT MAY GRANT UNDER THE WRIT
Sec. 15, Rule 7, Part III, Rules of Procedure for Environmental Cases.
The following reliefs may be granted under writ of kalikasan:
(a) Directing the respondent to permanently cease and desist
from committing acts or neglecting the performance of a duty in violation
of environmental laws resulting in environmental destruction or damage;
(b) Directing the respondent public official, government agency,
private person or entity to protect, preserve, rehabilitate or restore the
environment;
(c) Directing the respondent public official, government agency,
private person or entity to monitor strict compliance with the decision
and orders of the court;
(d) Directing the respondent public official, government agency,
private person or entity to make periodic reports on the execution of the
final judgment;
(e) Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation,
rehabilitation or restoration of the environment, except the award of
damages to individual petitioners.
APPEAL
Sec. 16, Rule 7, Part III, Rules of Procedure for Environmental Cases.
A party may appeal to the Supreme Court under Rule 45 of the Rules of
Court within 15 days from the date of notice of the adverse judgment or
denial of the motion for reconsideration. The appeal may raise questions
of fact. Raising questions of fact constitutes an exception to the general
rule enunciated in Sec. 1 of Rule 45 of the Rules of Court which
provides that the petition “shall raise only questions of law.”
PROHIBITED PLEADINGS
Under Sec. 9, Rule 7, Part III of the Rules of Procedure for
Environmental Cases, the following pleadings are prohibited:
 (a) Counterclaim;
(b) Cross-claim;
(c) Third-party complaint; and
(d) Reply

PROHIBITED MOTIONS

Under Sec. 9, Rule 7, Part III of the Rules of Procedure for

Environmental Cases, the following motions are prohibited:

(a) Motion to dismiss;

(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars; and
(e) Motion to declare the respondents in default.

FILING OF THE PETITION IS NOT A BAR TO THE FILING OF

OTHER ACTIONS

Sec. 17, Rule 7, Part III, Rules of Procedure for Environmental Cases.

The filing of petition for the issuance of the writ of kalikasan shall not
preclude the filing of other actions separate from the petition. Such
separate actions may be civil, criminal, or administrative.