WRIT OF KALIKASAN

What are the bases for issuing writ of kalikasan?

1987 Constitution
o
Article 2 Sec. 16, The state shall advance the right
of the people to a balanced and healthful ecology in
accordance with the rhythm and harmony of nature
o
Article 2 Sec. 15, The state shall protect and
promote the right to health of the people and instill
health consciousness among them.

Environmental Justice

Inter-generational Responsibility (Oposa v. Factoran)

Natural or juridical person, entity authorized by law, peoples

organization, non-governmental organization, or any public
interest group accredited by or registered with any
government agency 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.

Why is there a need for accreditation of a group or organization?

What are the main issues considered by the Supreme Court
The requirement of accreditation of a group or organization is for
Committee which affects the prosecution of environmental
the purpose of verifying its existence. The accreditation is a
cases?
mechanism to prevent fly by night groups from abusing the writ.

whether to relax the rule on "locus standi to encourage more

citizens to file suits involving violations of the country's What are the contents of a petition for Writ of Kalikasan?
environmental laws;

Personal circumstances of the petitioner;

the delay in the disposition of pending environmental cases;

Name and personal circumstances of the respondent, or if

and
name is unknown or uncertain, an appellation for him;

the problem of procuring evidence and crafting effective

The environmental law violated;

remedies.

The act or omission complained of;

The environmental damage of such magnitude as to

What are the objectives of Writ of Kalikasan?
prejudice the health, life or property of inhabitants in two or

For protection and promotion of constitutional right to a

more cities or provinces;
balanced and healthful ecology;

All relevant or material evidence;

For simplified, speedy and inexpensive procedure in the

Certification of petitioner under oath that:

enforcement of environmental rights and duties;

He has not commenced any action involving the same issue;

To introduce and adopt innovations in ensuring the effective

If there is a pending action, the present status thereof;

enforcement of remedies and redress for violation of

If he should learn that the same claim has been filed or is

environmental laws; and
pending, he should report such fact within 5 days from

To enable the courts to monitor and exact compliance with

knowledge thereof to the court;
orders and judgments in environmental cases.

The reliefs prayed for.

What are some features of the Writ of Kalikasan?
Where is it filed?

First of its kind in the WORLD.

With the Supreme Court or with any station of the Court of

Special Civil Action

Appeals

Rule 7 of A.M. No. 09-6-8-SC: Rules of Procedure for

Environmental Cases (Effective April 29, 2010)
Why is the petition filed in the Supreme Court or the Court of

A remedial measure that may be granted by the courts upon Appeals?

the request of a person or a group whose constitutional right

The magnitude of the environmental damage is the reason

to a healthy environment is violated
for limiting where the writ may be filed, to the Supreme Court
or Court of Appeals whose jurisdiction is national in scope.
What is the nature of a writ of kalikasan?
It is an extraordinary remedy with the underlying emphasis on the How much is the docket fee?
magnitude as it deals with damage that transcends political and
The petitioner is EXEMPT from paying docket fees
territorial boundaries.
What is the rationale of the exemption from the payment of
How is magnitude measure?
docket fees?
Magnitude is measured according to the qualification set forth in
The exemption from payment of docket fees is consistent with the
the Rule when there is environmental damage that prejudices
character of the reliefs available under the writ, which excludes
the life, liberty or property of inhabitants in two or more cities or
damages for personal injuries. This exemption also encourages
provinces.
public participation in availing of the remedy.
Give several instances wherein the SC issued Writ of Kalikasan.
How is the writ issued?

Protected Area Mgt. Board to refrain from issuing

Within 3 days from the filing of the petition, if the petition is
clearances for fish cage operations in Taal Lake;
sufficient in form and substance, the court shall order:

government to answer a petition seeking to stop

Issuing the writ;
mining operations in the Zamboanga Peninsula;
Requiring the respondent to file a verified return.

Placer Dome and Barric Gold to clean up the toxic

The Clerk of Court shall issue the writ.
waste that spilled into the Boac River in Marinduque in 1996;

Baguio City government to cease and desist from How is the writ served?
using the Irisan dump facility either as a holding or staging
It is served personally or by substituted service by the court
area or as controlled area for all kinds of solid wastes;
officer or any person deputized by the court, who shall retain a

Rehabilitating the Manila Bay by cleaning-up the river

copy on which to make the return of service.
veins connected to the bay; and

Stopping FPIC from operating the 117-kilometer What if the court officers refuse to issue or serve the writ?
Batangas-to-Manila oil pipeline after it leaked sometime in
They will be punished with contempt without prejudice to other
2010.
administrative, civil, or criminal action.
Who can file a petition for Writ of Kalikasan? (PVU EP)
When should the respondent file a verified return?

Within a non-extendible period of ten (10) days after service of

the writ.

The discovery measures are available to a party in the case.

What should be alleged in the motion for an ocular inspection?

What are the contents of the return?

The motion must show that an ocular inspection order is

All defenses to show that respondent did not violate or

necessary to establish the magnitude of the violation or the
threaten to violate, or allow the violation of any
threat as to prejudice the life, health or property of
environmental law, rule or regulation or commit any act
inhabitants in two or more cities or provinces.
resulting to environmental damage of such magnitude

It shall state in detail the place or places to be inspected.

as to prejudice the life, health or property of inhabitants

It shall be supported by affidavits of witnesses having

in two or more cities or provinces.
personal knowledge of the violation or threatened violation of

Affidavits of witnesses
environmental law.

documentary evidence
What are the contents of the ocular inspection order?

scientific or other expert studies

object evidence, if possible

After hearing, the court may order any person in possession or
control of a designated land or other property to permit entry for
What is the effect if respondent will not raise all his defenses in
the purpose of inspecting or photographing the property or any
the return?
relevant object or operation thereon. The order shall specify the
All defenses not raised in the return shall be deemed waived.
person or persons authorized to make the inspection and the
date, time, place and manner of making the inspection and may
What is the effect of a general denial?
prescribe other conditions to protect the constitutional rights of all
A general denial of allegations in the petition shall be considered
parties.
as an admission thereof.
What should be alleged in the motion for production or
What are the prohibited pleadings and motions?
inspection of documents or things?

Motion to dismiss;
The motion must show that a production order is necessary to

Motion for extension of time to file return;

establish the magnitude of the violation or the threat as to

Motion for postponement;

prejudice the life, health or property of inhabitants in two or more

Motion for a bill of particulars;

cities or provinces.

Counterclaim or cross-claim;
What are the contents of the production or inspection order of

Third-party complaint;
documents or things?

Reply; and

Motion to declare respondent in default.

After hearing, the court may order any person in possession,
custody or control of any designated documents, papers, books,
What is the purpose of providing for prohibited pleadings and
accounts, letters, photographs, objects or tangible things, or
motions?
objects in digitized or electronic form, which constitute or contain
The purpose of prohibiting certain pleadings and motions is to
evidence relevant to the petition or the return, to produce and
expedite the hearing of the petition.
permit their inspection, copying or photographing by or on behalf
of the movant. The production order shall specify the person or
Is a motion for intervention prohibited?
persons authorized to make the production and the date, time,
NO. A motion for intervention is excluded from the enumeration.
place and manner of making the inspection or production and
Allowing this motion is a reaffirmation of the public participation
may prescribe other conditions to protect the constitutional rights
aspect of the writ of kalikasan since there may be a large,
of all parties.
qualified pool of possible representatives interested in availing of
the remedy.
What are the limits on the issuance of the discovery measures?
What is the effect for failure to file a return?
Considering that these measures are invasive, the court may
The court shall proceed to hear the petition ex parte
prescribe conditions in any order granting such measures to
safeguard constitutional rights.
What are the matters taken up in a preliminary conference?
Who may be punished for indirect contempt?

Simplification of issues

determination of the possibility of obtaining stipulations or

The court may after hearing punish the respondent who refuses
admissions from the parties;
or unduly delays the filing of a return, or who makes a false

setting up the petition for hearing

return, or any person who disobeys or resists a lawful process or
order of the court for indirect contempt under Rule 71 of the
What is the duration of the preliminary conference and hearing?
Rules of Court.
The hearing and preliminary conference shall not extend beyond
sixty (60) days and shall be given the same priority as petitions What are the contents of the order of the court submitting the
case for decision?
for the writs of habeas corpus, amparo and habeas data.
The court may require the filing of memoranda and if possible, in
What is the nature of the hearing?
its electronic form, within a non-extendible period of 30 days from
The environmental damage subject of the writ may involve issues
the date the petition is submitted for decision.
that are of a complex character, and for this reason, the hearing is
not summary. The abbreviated time frame required, however, What is the purpose of requiring the filing of memoranda in
electronic form?
insures that the proceedings are expedited
The courts discretion in requiring the filing of memoranda in
What are the discovery measures available?
electronic form if possible is for the purpose of expediting the
The discovery measures available include ocular inspection and
proceedings.
production or inspection of documents or things.
What is the procedure in rendering judgment?
How can the discovery measures be availed of?

After hearing, the court shall issue an order submitting the

The discovery measures may be availed of by the filing of a
case for decision.
verified motion.

The court may require the filing of memoranda and if

Who can avail of the discovery measures?
possible, in its electronic form, within a non-extendible

period of thirty (30) days from the date the petition is

Within sixty (60) days from the time the petition is submitted
for decision, the court shall render judgment granting or
denying the privilege of the writ of kalikasan.

submitted for decision.

Yes. The filing of a petition for the issuance of the writ of
kalikasan shall not preclude the filing of separate civil, criminal or
administrative actions.

WRIT OF CONTINUING MANDAMUS

What are the reliefs that may be granted under the writ of
kalikasan?

Directing respondent to permanently cease and desist from What is the writ of continuing mandamus?
Continuing mandamus is a writ issued in an environmental case
committing acts or neglecting the performance of a duty in
directing any agency or instrumentality of the government or
violation of environmental laws resulting in environmental
officer thereof to perform an act or series of acts decreed by final
destruction or damage;
judgment which shall remain effective until judgment is dully

Directing the respondent public official, government agency,

satisfied.
private person or entity to protect, preserve, rehabilitate or
restore the environment;

Directing the respondent public official, government agency, What are the grounds for the issuance of the writ of continuing
private person or entity to monitor strict compliance with the mandamus?

When any agency or instrumentality of the government or

decision and orders of the court;
officer thereof unlawfully neglects the performance of an act

Directing the respondent public official, government agency,

which the law specifically enjoins as a duty resulting from an
or private person or entity to make periodic reports on the
office, trust or station in connection with the enforcement or
execution of the final judgment; and
violation of an environmental law rule or regulation or a right

Such other reliefs which relate to the right of the people to a

therein.
balanced and healthful ecology or to the protection,

When any agency or instrumentality unlawfully excludes

preservation, rehabilitation or restoration of the environment,
another from the use or enjoyment of such right.
except the award of damages to individual petitioners.
Where should the petition be filed?
Are the reliefs available exclusive?
The petition shall be filed with the Regional Trial Court exercising
The reliefs that may be granted under the writ are broad,
jurisdiction over the territory where the actionable neglect or
comprehensive and non-exclusive. The reliefs regarding
omission occurred or with the Court of Appeals or the Supreme
monitoring and periodic reports ensure enforcement of the
Court.
judgment of the court.
What are some characteristics of the procedure for the issuance
What is the remedy in case an adverse judgment was rendered?
The remedy is to appeal to the Supreme Court under Rule 45 of of the writ of continuing mandamus?

The petitioner shall be exempt from the payment of docket

the Rules of Court within fifteen (15) days from the date of notice
fees.
of the adverse judgment or denial of motion for reconsideration.

Proceedings shall be summary in nature

The appeal may raise questions of fact.

Orders expediting the proceedings or a Temporary

Can a question of fact be raised on appeal?
Environmental Protection Order for protection of the rights of
Given the extraordinary nature of circumstances surrounding the
the parties may be granted by the court.
issuance of a writ of kalikasan, this section allows an appeal to

The petition shall be resolved without delay within sixty (60)

raise questions of fact and thus constitutes an exception to Rule
days from the date of the submission of the petition for
45 of the Rules of Court.
resolution.
May a party institute separate actions?

Summary and Comparative Table

government or its officers
Writ of Kalikasan

Subject
Matter

Who
may file

Respon
dent

A Writ of Kalikasan is available

against 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. In addition,
magnitude of environmental
damage is a condition sine qua
non in a petition for the issuance
of a Writ of Kalikasan and must be
contained in the verified petition.
A petition for the issuance of a
Writ of Kalikasan is available to a
broad range of persons such as
natural or juridical person, entity
authorized by law, peoples
organization, non-governmental
organization, or any public interest
group accredited by or registered
with any government agency, on
behalf of persons whose right to a
balanced and healthful ecology is
violated or threatened to be
violated.
The respondent may be a private
individual or entity.

Writ of Continuing
Mandamus
A Writ of Continuing Mandamus is
directed against
(a) the unlawful neglect in 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 a right therein; or
(b) the unlawfully exclusion of another
from the use or enjoyment of such
right and in both instances, there is
no other plain, speedy and adequate
remedy in the ordinary course of law.

Docket
Fees

Venue

Discovery
Measure

A Writ of Continuing Mandamus is

available only to one who is
personally aggrieved by the unlawful
act or omission.
Damages

for
personal
injury
The respondent in a petition for
continuing mandamus is only the

Exempted

Given the magnitude of the

damage, the application for the
issuance of a Writ of Kalikasan
can only be filed in Supreme Court
or any of the stations of the Court
of Appeals.

The Rule on the Writ of Kalikasan

incorporates the procedural
environmental right of access to
information through the use of
discovery measures such as
ocular inspection order and
production order.
No damages may be awarded in a
petition for the issuance of a Writ
of Kalikasan consistent with the
public-interest character of the
petition. A party who avails of this
petition but who also wishes to be
indemnified for injuries suffered
may file another suit for the
recovery of damages since the

Exempted
A petition for the issuance of a Writ of
Continuing Mandamus may be filed in
the following: (a) the Regional Trial
Court exercising jurisdiction over the
territory where the actionable neglect
or omission occurred; (b) the Court
of Appeals; or (c) the Supreme Court.

The Rule on the Writ of Continuing

Mandamus does not contain any
provision for discovery measures

The Writ of Continuing Mandamus

allows damages for the malicious
neglect of the performance of the
legal duty of the respondent, identical
to Rule 65, Rules of Court.

Rule on the Writ of Kalikasan

allows for the institution of
separate actions.

Sources:
A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases
Annotation to the Rules of Procedure for Environmental Cases
http://www.scribd.com/doc/84320250/Writ-of-Kalikasan by Ms.
Cheryl Daytec-Yangot
http://www.abs-cbnnews.com/nation/01/31/10/sc-rushespromulgation-rules-writ-kalikasan
http://www.manilatimes.net/index.php/opinion/columnist1/17649we-need-a-law-on-environmental-remediation