UPDATES IN ENVIRONMENTAL LAW

(Rules of Procedure for Environmental Cases)

A presentation by
ATTY. DOMINGO EGON Q. CAYOSA

one EARTH,
our only HOME

What have we done to our

home?

Earth: 4.5 Billion years old

Humankind: 1 to 2 Million years old
In the last seconds

Humankind is in
the last forty seconds
of the earths existence
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environmental policies, laws, rules

are therefore

PHILIPPINES

Perlas
ng
Silangan
a paradise of
contrasts
and
contradictions

PHILIPPINE TREASURE

The Philippines is one of the

17 MEGADIVERSITY countries of the world

Biological diversity in the Philippines is that of

Galapagos Islands ten times over

Mt. Makiling viz. USA

MT. MAKILING, LAGUNA

with an area of more or less 4,000 hectares
has GREATER BIODIVERSITY than
the whole CONTINENTAL USA with an area
of 1 Million hectares
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More wealth under the sea

OVER 30,000 SQKM OF CORAL REEFS:

the richest marine biodiversity in the world
488 of 500 known coral species are in the Philippines
2,500 or 25% of the world marine species
6 of 7 marine turtle species
Tubbataha has more corals than the entire Great Barrier
Reefs of Australia

Scientists and economists estimate

that the value of biodiversity in the
Philippines is greater than the value
of the oil reserves of Saudi Arabia.
The value increases as more and
more biodiversity areas disappear
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Abundance has bred

abuse,
neglect,
waste

vanishing
treasures

result:

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50 yrs ago,
the Philippines had
over 16 Million
hectares of virgin
forest cover

In 1990,
we only had 800,000
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hectares remaining

FOREST COVER:

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coral reefs have shrunk from

3 Million has. to less than 100,000 heas.
Fish harvest down by 90%
collapse of municipal fishing industry 14

POLLUTION and RADIATION

MManila is one of the worlds most
polluted metropolis
Urban rivers and tributaries are dead
Mine tailings and chemicals have
degraded waterways
Red tide is recurring
Saltwater into freshwater
Radiation from telco facilities

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In the Laws of Nature, there is no right or wrong

There are only consequences.

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Do we have sufficient laws

to safeguard our environment?

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CONSTITUTION
The state shall
protect and advance
the right of the people
to a balanced &
healthful ecology
in accord with the
rhythm and harmony
of nature.
(Art 2, Sec. 16, 1987 Const.)
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CIVIL LAW
Human relations (Art.
19-32)
Nuisance (Art. 649-707)
Damages (2195-2235)
Quasi-delict (2176 94)
Easements (Art. 634-681)
Water use (Art. 504-518)
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CRIMINAL and SPECIAL LAWS

Revised Penal Code
Anti-Graft Act
Ombudsman Act
P.D. 1829 (Obstruction of Justice)
Code of Conduct and Ethical
Standards for Public Officials
Witness Protection Act

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COMMON LAW

TRUST DOCTRINE
Trustor, Trustee,
Beneficiary
Equity
Responsibility
Liability

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RULES OF PROCEDURE
for
ENVIRONMENTAL CASES
(A. M. No. 09-6-8-SC)
promulgated on April 13, 2010

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OBJECTIVES OF THE RULES

To protect and advance the constitutional right to a
balanced and healthful ecology;
To provide a simplified, speedy, and inexpensive
procedure for the enforcement of environmental rights and
duties;
To introduce and adopt innovations and best practices
ensuring the effective enforcement of remedies and redress
for violation of environmental laws;
To enable the courts to monitor and exact compliance with
orders and judgments in environmental cases.
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WHO MAY FILE AN E COMPLAINT?

(Rule 2, Sections 4 and 5)
Any real party in interest, including the government and
juridical entities authorized by law, may file a civil action
involving the enforcement or violation of any
environmental law.
Any Filipino citizen in representation of others, including
minors or generations yet unborn, may file an action to
enforce rights or obligations under environmental laws
(CITIZENS SUIT)
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SCOPE
(Rule 1, Section 2)

Nature of cases? - The Rules of Procedure for

Environmental Cases shall govern the procedure in civil,
criminal and special civil actions

In what courts? - before the RTC, MTC, MCTC (Rule 1,

Sec. 2); before the Court of Appeals and the Supreme
Court for Writs of Kalikasan. (Rule 7, Sec. 3)

For what actions? - actions for enforcement or

violations of environmental and other related laws, rules
and regulations
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FORMAL REQUIREMENTS
verified and with certification against forum shopping
attach to the verified complaint all evidence proving or
supporting the cause of action (affidavits in question and
answer form , documentary and object evidence, Rule 2,
Section 3)
state that it is an environmental case, and the law
involved
proof of service upon the govt. or the appropriate agency
must be attached to the complaint (Rule 2, Section 6).
answer must also be verified and with supporting evidence
(Rule 2, Sec. 14)
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INNOVATIVE FEATURES
Provides for an ENVIRONMENTAL PROTECTION
ORDER (EPO) (Rule 2, Section 8).
Ex parte TEPO for 72 hours; summary hearing to
determine whether the TEPO may be extended.
The court , government agency concerned, or
commissioner is to monitor compliance monitor with
TEPO or writ.
The applicant is exempted from the posting of a bond
for the issuance of a TEPO.
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INNOVATIVE FEATURES
ENCOURAGES INTERVENTION BY THE PUBLIC Upon the filing of a citizen suit, the court shall issue an
order which shall contain a brief description of the cause
of action and the reliefs prayed for, requiring all
interested parties to manifest their interest to
intervene in the case within fifteen (15) days from
notice thereof. (Rule 2, Sec. 5)

PUBLICATION - The plaintiff may publish the order once

in a newspaper of a general circulation in the Philippines
or furnish all affected barangays copies of said order.
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INNOVATIVE FEATURES
SERVICE TO THE CONCERNED GOVERNMENT ENTITY
-Upon the filing of the complaint, the plaintiff is required to furnish
the government or the appropriate agency, although not a
party, a copy of the complaint. Proof of service upon the
government or the appropriate agency shall be attached to the
complaint. (Rule 2, Section 6)

PROHIBITION AGAINST TRO - Except the Supreme Court, no

court can issue a TRO or writ of preliminary injunction against
lawful actions of government agencies that enforce
environmental laws or prevent violations thereof. (Rule 2, Section
10)
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INNOVATIVE FEATURES
The judge shall put the parties and their counsels under

oath, and they shall remain under oath in all pre-trial

conferences. (Rule 3, Sec.5)
Provision for a CONSENT DECREE as judicially-approved
settlement between concerned parties based on public
interest and public policy to protect and preserve the
environment. (Rule 1 Sec. 4, par. b; Rule 3, Sec.5).
Cases under these rules are mediatable (Rule 3, Sec. 3)
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INNOVATIVE FEATURES
Specifically defines WILDLIFE to mean wild forms and
varieties of flora and fauna, in all developmental stages
including those which are in captivity or are being bred or
propagated. (Rule 1, Sec. 4, par h)
Specifically defines wildlife BY-PRODUCT OR DERIVATIVES
to mean any part taken or substance extracted from wildlife,
in raw or in processed form including stuffed animals and
herbarium specimens. (Rule 1, Se. 4, b)
Provides for the engagement of an amicus curiae (Rule 3,
Sec. 6. l)
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INNOVATIVE FEATURES
PRECAUTIONARY PRINCIPLE - when human activities may
lead to threats of serious and irreversible damage to the
environment that is scientifically plausible but uncertain,
actions shall be taken to avoid or diminish that threat. (Rule 1,
Sec. 4, par. f)
When there is a lack of full scientific certainty in establishing a
causal link between human activity and environmental effect,
the court shall apply the precautionary principle. The right
of the people to a balanced and healthful ecology shall be
given the benefit of the doubt. (Rule 20, Sec. 1)
Factors to consider: (1) threats to human life or health; (2)
inequity to present or future generations; or (3) prejudice to the
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environment (Rule 20, Sec. 2)

INNOVATIVE FEATURES
PROTECTION AGAINST SLAPP (strategic lawsuit against
public participation) - an action (civil, criminal, administrative),
brought with the intent to obstruct or frustrate the enforcement
of environmental laws, protection of the environment or
assertion of environmental rights. (Rule 1, Section 4; Rule 6)
The hearing on the defense of a SLAPP shall be summary
and resolved within thirty (30) days.
The dismissal shall be with prejudice and damages may be
awarded. (Rule 6, Sec. 3)
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INNOVATIVE FEATURES
WRIT OF KALIKASAN - remedy available to any person
on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or threatened
with violation by an unlawful act or omission of a public
official or employee, or private individual or entity,
involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two
or more cities or provinces. (Rule 7)
filed with the Supreme Court or with any of the stations of
the Court of Appeals. (Rule 7, Sec. 3)
Exempt from the payment of docket fees (Rule 7, Sec.34 4)

RELIEFS GRANTED UNDER A WRIT OF KALIKASAN

Cease and desist order;
Order to protect, preserve, rehabilitate or restore the
environment;
Order to monitor strict compliance with the decisions
and orders of the court;
Order to make periodic reports;
Other reliefs, except the award of damages to
individual petitioners.

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INNOVATIVE FEATURES
WRIT OF CONTINUING MANDAMUS writ directing
any government agency officer to perform an act or
series of acts when the agency or officer unlawfully
neglects the performance of an act or unlawfully excludes
another from the use or enjoyment of such environmental
right and there is no other plain, speedy and adequate
remedy in the ordinary course of law. (Rule 1, Sec.4, c;
Rule 8)
filed with the Regional Trial Court or with the Court of
Appeals or the Supreme Court. (Rule 7, Sec. 3)
Petitioner exempt from paying docket fees, lien on
judgment award (Rule 8, Sec. 3).

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SPEEDY RESOLUTION FEATURES

Dilatory pleadings or motions not allowed (Motion to

dismiss, bill of particulars, extension of time, default, reply,

rejoinder, third party complaint). (Rule 2, Sec. 2)
Special raffle is conducted on the day the complaint is
filed. (Rule 2, Sec. 7)

Within two (2) days from answer, notice is issued

Pre-trial within one month from the filing of the last
pleading. (Rule 3, Sec. 1)
Pre-trial order issued within ten days after the
termination of the pre-trial (Rule 3, Sec. 1)

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SPEEDY RESOLUTION FEATURES

Continuous
trial not exceeding two (2) months from pre-trial
order (3 months for criminal actions) (Rule 4, Sec. 1; Rule 17,
Sec. 1)
Strict adherence to one-day examination of witness rule.
(Rule 4, Sec. 3)

Oral offer of evidence allowed, and the opposing party shall

immediately interpose his objections. The judge shall forthwith
rule on the offer of evidence in open court.
Court may require memoranda in electronic form; 60 days to
decide the case.
Court prioritizes the adjudication of environmental cases.

SPEEDY RESOLUTION FEATURES

Judgment shall be executory pending appeal unless

restrained by the appellate court. (Rule 5, Sec. 2)

Affidavits/judicial affidavits for direct testimonies.

Parties encouraged to a trial by commissioner, mediator

or arbitrator under any of the alternative modes of dispute
resolution governed by the Special Rules of Court on
Alternative Dispute Resolution. (Rule 3, Sec. 6, par. f)

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NOTE:
The innovations of SLAPP, waiver/deferment of filing fees, lien
on judgment award for filing fees, and citizens suits are also
found in provisions of environmental laws such as the Clean Air
Act of 1999 (Sections 41, 43), Ecological Solid Waste
Management Act (Section 51), and the Tubbataha Reef Natural
Park of 2009 (Sections 37 and 38)
Unlike the Rules for Environmental Cases, the environmental
laws provide for grace period of thirty days within which the
government official has to act before a citizens suit can be filed.
It is submitted that insofar as they affect substantive rights, the
laws prevail over the SC Rules.
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Will we use these rules?

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RECENT CASES

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TRIBAL COALITION OF MINDANAO ET AL VS. TAGANITO

MINING CORPORATION ET AL (G.R.No. 196835)
Tribal Coalition of Mindanao (TRICOM) asked for the
immediate stop of mining operations of five mining companies
in Surigao del Sur and Surigao del Norte that caused river
erosion or siltation, pollution, damage to mangroves and
corals, health risks, destruction of burial and sacred grounds.
Despite evidence attached to the petition consisting of
analysis of the affected rivers by the U.P. Natural Science
Research Institute showing nickel pollution of river and
mangrove areas, and the resulting fish-kill, sicknesses and
other adverse effects, the SC, citing the hierarchy of courts,
did not entertain the petition and instead referred the case to
the Court of Appeals.
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ARIGO ET AL VS. SWIFT ET AL (G.R. No. 206510, September

16, 2014)
Evironmental damage suit for the issuance of a writ of Kalikasan
with prayer for a TEPO filed against U.S. Naval Officers and
executive officers of the Philippine Government and the AFP
involving violations of environmental laws and regulations in
relation to the grounding of the USS Guardian over the
Tubhataha Reef , a National Marine Park and a World Heritage
Site. Petitioners also questioned the VFA.
The Petitioners allege that the grounding, salvaging and postsalvaging of USS Guardian caused and continue to cause
environmental damage to Palawan, Negros, Panay, Sulu and
Tawi-Tawi Islands, Zamboanga del Norte in violation of their
constitutional right to a balanced ecology and seek SC directive
for the filing of civil, administrative, and criminal suit against the
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erring officials and individuals.

PETITIONERS: Most Reverend Pedro D. Arigo, Vicar

Apostolic of Puerto Princesa ; Most Rev. Deogracias S.
Iniguez, Jr, Bishop-Emeritus of Caloocan; Kalikasan, PNE;
Bagong Ayansang Makabayan, Junk VFA Movement,
Pamalakaya, Agham, Kilusang Mayo Uno, Gabriela; Hon.
Neri Javier Colmenares (Bayan Muna Partylist), Hon.
Raymond V. Palatino, Kabataan Party-list.
RESPONDENTS: Scott H. Swift in his capacity as
Commander of the U.S. 7th Fleet, Mark A. Rice in his Capacity
as Commanding Officer of the USS Guardian, Lt. Gen. Terry
G. Robling in his capacity as Balikatan 2013 Co-Director ;
President Aquino in his capacity as Commander-In-Chief of
the AFP, DOF Secretary; Executive Secretary; DENR
Secretary;Navy Flag Officer inCommand, Coast Guard
Commandant, AFP Commandant, AFP Chief of Staff
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The SC entertained the petition.

1)Petitioners have standing. The provision on citizens suits
collapses the traditional rule on personal and direct interest,
on the principle that humans are stewards of nature.
2)Though the U.S. has not ratified the UNCLOS, its
acceptance of customary international rules of navigation led
the SC to expect that the U.S. will bear international
responsibility under Art. 31 of UNCLOS which makes the state
liable when its ships fail to comply with the laws of the coastal
state.

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BUT:
3) The principle of state immunity bars the SC from exercising
jurisdiction over the US naval officials.
4) SC defers to the executive branch of government in the
conduct of foreign relations.
5) The waiver of state immunity from suit under the VFA
pertains only to criminal jurisdiction and not to special civil
actions such as a petition for a Writ of Kalikasan.
6) Section 17 of the Rules for Environmental Cases which
allows the institution of separate civil, criminal or
administrative action, independently of the petition for a writ
of Kalikasan.
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INTERNATIONAL SERVICE FOR THE ACQUISITION OF

AGRI-BIOTECH APPLICATIONS, INC. V. GREENPEACE
SOUTHEAST ASIA (G.R. Nos. 2209271, 209276, 209301,
209430, December 8, 2015) (BT TALONG CASE)
SC upheld the ruling of the RTC invalidating administrative order
(DAO 08-2002) governing import and release of GMOs in the
Philippines and enjoined field testing until a new and better DAO
is released.
Though already moot because all field trials had been stopped,
the SC nevertheless ruled on the merits of the petition.
Testing should have been subjected to the EIAS and
international bio-safety standards; Conflicting and varying
studies and possibility of irreversible and serious harm calls for
the application of the precautionary principle.
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Will we use these laws, rules, jurisprudence?

Shall we share our knowledge?

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Light a lamp.

Plant a seed

Go forth and multiply

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