Highlights of the Rules

Liberalized Locus Standi & Citizen’s Suit

Speedy Disposition of Cases

Special Civil Actions of Continuing Mandamus & Kalikasan

Consent Decree

EPO

Application of precautionary principle

SLAPP

Laws/Rules Covered Act No. 3572 - Prohibition

Against Cutting of Tindalo, Akli, and Molave Trees

P.D. No. 705 - Revised Forestry Code

P.D. No. 856 - Sanitation Code P.D. No. 979 - Marine

Pollution Decree P.D. No. 1067 - Water Code P.D. No. 1151 - Philippine

Environmental Policy of 1977 P.D. No. 1433 - Plant

Quarantine Law of 1978

P.D. No. 1586 - Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes

R.A. No. 3571 - Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground

R.A. No. 4850 - Laguna Lake Development Authority Act

R.A. No. 6969 - Toxic Substances and Hazardous Waste Act

R.A. No. 7076 - People’s Small-Scale Mining Act

R.A. No. 7586 - National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas

R.A. No. 7611 -Strategic Environmental Plan for Palawan Act

R.A. No. 7942 - Philippine Mining Act

R.A. No. 8371 - Indigenous Peoples Rights Act

R.A. No. 8550 - Philippine Fisheries Code

R.A. No. 8749 - Clean Air Act

R.A. No. 9003 - Ecological Solid Waste Management Act

R.A. No. 9072 - National Caves and Cave Resource Management Act

R.A. No. 9147 - Wildlife Conservation and Protection Act

R.A. No. 9175 - Chainsaw Act

R.A. No. 9275- Clean Water Act

R.A. No. 9483 - Oil Spill Compensation Act of 2007

Provisions in: C.A. No. 141 - Public Land Act R.A. No. 6657 - CARL R.A. No. 7160 - Local

Government Code of 1991 R.A. No. 7161 - Tax Laws

Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC)

R.A. No. 7308 - Seed Industry Development Act of 1992

R.A. No. 7900 - High-Value Crops Development Act

R.A. No. 8048 – Coconut Preservation Act

R.A. No. 8435 - Agriculture and Fisheries Modernization Act of 1997

R.A. No. 9522 - The Philippine Archipelagic Baselines Law

R.A. No. 9593 - Renewable Energy Act of 2008

R.A. No. 9637 - Philippine Biofuels Act

Other existing laws that relate to the conservation, development, preservation, protection and utilization of the environment and natural resources.

Civil Procedure

1. Citizens Suit:

Any Filipino citizen,

including minors and

generations yet unborn,

may file an action to

enforce environmental

rights and obligations

under Environmental

Laws

(Sec. 5, Rule 2, Part II).

2. Environmental Protection

Order (EPO) – where the

matter is of extreme

urgency and the applicant

stands to suffer grave

injustice and irreparable

injury – Exec Judge may

issue a TEPO (in the

nature of a Restraining

Order) (Sec. 8)

3. Filing fees – and other legal

fees deferred until after

judgment. To be first lien on

the judgment award.

2. Summons – may be served

by counsel or representative

of plaintiff authorized by the

Court.

3. Prohibition vs. TRO – Except

the Supreme Court, no Court

can issue a TRO or Writ of

Prel. Injunction against lawful

actions of government

agencies that enforce

Environmental Laws or

prevent violations thereof

(Sec. 10)

DEMOLITION OPERATIONS IN BANTAYAN ISLAND – NO TRO EXCEPT SC

AND ANTI-SLAPP

6. Pre-trial

Put the counsels and the parties under oath (Rule 3, Sec. 5)

Consent Decree

- Judicially approved settlement based on public interest to protect the

environment (anytime before judgment) (Sec. 10)

7. Trial (Rule 4)

- Continuous trial not more than 2 months from Pre-Trial Order

- Memoranda may be in electronic form

- One year from filing to try and decide the case

8. Judgment and Execution

- may include:

* protection and restoration the environment

* violator may be required to submit a program for rehabilitation

* violator to contribute to a trust fund for the restoration of the Environment

* TEPO may be converted to a permanent EPO. Or issue a Writ of

Continuing Mandamus

* Monitoring of compliance by Court or appropriate government agency

(Sec. 4)

RULES OF CIVIL PROCEDURE (continued)

SLAPP (Strategic Lawsuits against Public Participation) Harassment suit to exert undue pressure to any person,

institution or government that seeks to enforce environmental laws. (Sec. 1)

Interpose as defense with prayer for attorney’s fees, damages, costs.

Summary hearing – SLAPP Defendant required only to prove by substantial evidence; whereas party filing the action assailed as a SLAPP must prove by preponderance of evidence

Resolution – 30 days after summary hearing

Special Civil Actions

Writ of Kalikasan

Writ of Continuing Mandamus

Who: Any Person (natural or juridical Whose right to a balanced and healthful ecology is violated or threatened with violation by an unlawful act or omission of a public officer or private person

Magnitude of Damage:Involving environmental

damage of such magnitude as to prejudice the life, health and property of inhabitants

In two or more cities or provinces

Writ of Kalikasan

WRIT OF KALIKASAN Where: Directly with the Supreme Court or the Court of

Appeals

No docket fees

Time Lines:

Within 3 days from filing of Petition – Writ to issue to require respondent to file a verified return

Clerk of Court to issue writ – with EPO

Respondent has 10 days to file a verified return

No motion to dismiss, postponement, extension of time to file return; if none, hear ex parte

Hearing not to be more than 60 days

Discovery Measures-

Ocular Inspection – Production of things, documents, etc

- Judgment

- Direct Cease and Desist or from neglecting to perform a duty in violation of Environmental Laws.

- directing public official to protect and restore the environment

Writ of Continuing Mandamus Order issued directing a government office/r to perform a

series of acts which will remain effective until fully satisfied

Time Lines:

10 days to comment

Resolution – 60 days from submission for resolution

Reports-

Kalikasan Continuing

Mandamus

Venue CA & SC only RTC, CA or SC

Respondents Include private individuals,

entities

Only Government or its

officers

Petitioners Broad Only those aggrieved

Subject Matter Unlawful act or omission

involving environmental damage

affecting two or more cities or

provinces

-Unlawful neglect in the

performance of duty;

-Unlawful exclusion from

use or enjoyment of right

Docket Fees Exempt Exempt

Discovery Ocular Inspection & Production of

documents, things

None

Damages Award not available to individual

petitioner. Must file separate

action for damages.

Personal damages may be

awarded.

Criminal Procedure Who may file: Any offended

party of peace officer (What about Visayan Sea Squadron citizen operatives?)

Special Prosecutor: Private Counsel may be allowed

by the Court to represent where there is no private offended party (subject to public prosecutors control and supervision) (Sec. 3, Rule 9)

ARREST- Warrant of Arrest must be accompanied by a certified true copy of the Information

Custody and disposition of seized items Per rules of

confiscating agency

Inventory, and where practicable photographs

Sale of seized items and amount in custody of the Court

BAIL

Before granting the application for bail, the judge must read the Information in a language known to and understood by the accused and require him to sign a written undertaking that:

1. to appear before the court during the arraignment

2. In case he does not appear, he waives the reading of the Information and authorizes the Court to enter a plea of not guilty

3. Trial in absentia (Sec. 2, Rule 14)

Pre-Trial Place Parties

and Counsel under oath

Trial-3 Months

- Affidavit in lieu of direct

- Pro bono lawyers – where

there is no public attorney,

Court to appoint IBP as pro

bono counsel

Subsidiary liability

allowed

SLAPP Upon filing of the action before arraignment

Summary hearing

Substantial evidence for movant (person alleging it is a SLAPP suit)

Party filing the action assailed as a SLAPP must prove by preponderance of evidence

Evidence Precautionary Principle– when human activities may

lead to threat of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish the threat.

Where there is a lack of full scientific certainty in establishing the causal link, the court shall apply the precautionary principle.

Preferential option for the right to a balanced and healthful ecology (like for labor in Labor Law)

Standards for Application-Factors Threat to human

life or health

Inequity to future generations

Prejudice to the environment

Writ of Kalikasan example: Flooding?

THE WORLD IS HEADED FOR WATER BANKRUPTCY Agence France-Presse-7 FEB 2009

DAVOS -- The world is heading toward "water bankruptcy" as demand for the precious commodity outstrips even high population growth, a new report warned Friday.

In less than 20 years, water scarcity could lose the equivalent of the entire grain crops of India and the United States, said the World Economic Forum report, which added that food demand is expected to sky-rocket in coming decades.

"The world simply cannot manage water in the future in the same way as in the past or the economic web will collapse," said the report.

Water has been consistently under-priced in many regions and has been wasted and overused, the report said.

Benefits of Rainwater Catchment

• Prevent flooding• Recharge the underground

water (the “aquifer”). • Serve as a water source,

especially during the dry season,

• Food source – fish and vegetables

• Place for re-creation and recharge of the spirit. Nothing soothes nerves and spirits--frayed and frazzled by modern-day living – than the sight and company of water.

• Restorative economic activities to unemployed. • Restore the water – it will

also restore the connection between man and Nature.

• Bank account --

MANILA, Philippines - The Supreme Court (SC) has ordered the government to

answer a petition of a group of environmentalists seeking the creation of

rainwater collectors in the country.

SC spokesman Midas Marquez said the national government agencies led by

Malacañang, the Department of Public Works and Highways (DPWH) and the

Department of the Interior and Local Government representing the 80 provinces,

150 cities, 1,400 towns and 42,000 barangays were given 10 days to comment on

the petition filed by the group. SC allowed the petition of the Global Legal Action

on Climate Change calling on the national government to come up with a more

effective nationwide flood control project by implementing a 1989 law for

rainwater collectors in all barangays.

What can we do together?

Help with the Rainwater Catchment case

Sign up to be part of the Philippine Environmental Law Forum (esp. divers, runners, mountain climbers, nature lovers)

Transportation Revolution

Experiential training in the School of the SEAs in the summer of 2011

Reform the Transportation System Those who have less in wheels must have more in road

Preferential policy for collective and non-pollutive locomotion systems (trams, trains, rail-bus, wide pedestrian lanes, wide bike lanes)

Executive Order 774

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

Change! Who?

What can you do? Convert awareness into action

Brushing teeth – use a glass of water instead of letting the water run.

Turn off lights when not needed. Do not put TV on Stand-By (70% of the electricity consumed)-1000 MW (1 GW) In the US

Shut off leaking water, report water leakages

Use lower watt lights.

Segregate your wastes: Paper and Plastics in one box (sell later), ‘wet’ waste (food wastes, leaves, organic material – put in a compost

More important … you teach by example

WE ALL HAVE A ROLE – THE POWER OF ONE!

Mosquito-Stopping in a highway:

RATIONALEFEW ELITE LEADERS

INTEREST GROUPS

VOTING POPULATION

THE FILIPINO MASSES

- No significant influence

over important decisions

especially on those critical

to the Environment

OUR VISION

1. Educate and Empower

2. Enable to exercise

power to effect real positive

change beginning within

each of us

Our VISION: A REVOLUTION – Revolution defined: a TURN AROUND.

NOT just that: Turn it Upside Down!

What can we do together?

Plan to use the Law to spark a revolution (?)

Turn-around of the mindset

From wasteful use to wise and sustainable use

Will we succeed? Is this a fool’s errand?

Failure IS NOT AN OPTION

Story of a rich man

Be the Light in your little corner of the world;

THANK YOU: Ordinary citizens, YOUTH … 20

yrs ago (we fought for your right to speak and take action. Now … it is up to you to take action).The time for talk is over, it is time for action!

A GREAT MOVEMENT MAY BE BORN IN THE MINDS OF THE FEW, BUT IT MUST BE SPOKEN BY THE MOUTHS OF MANY, AND CARRIED ON THE SHOULDERS OF ALL.

What light through yonder window breaks?

oft-quoted

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

generations hereafter,

DURING OUR WATCHLet it be said that during our

watch …

While gifted

with intelligence & insight,

with privilege and position,

with the wealth of wisdom,

And with the freedom and power of the Human Will,

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

share,

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