RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (j) R.A. No.

4850, Laguna Lake Development Authority Act;

PART I (k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;

RULE 1 (l) R.A. No. 7076, People’s Small-Scale Mining Act;

GENERAL PROVISIONS
(m) R.A. No. 7586, National Integrated Protected Areas System Act including all
Section 1. Title. — These Rules shall be known as "The Rules of Procedure for laws, decrees, orders, proclamations and issuances establishing protected areas;
Environmental Cases."
(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;
Section 2. Scope. — These Rules shall govern the procedure in civil, criminal and special
civil actions before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial (o) R.A. No. 7942, Philippine Mining Act;
Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts involving
enforcement or violations of environmental and other related laws, rules and regulations such
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
as but not limited to the following:
(q) R.A. No. 8550, Philippine Fisheries Code;
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees;
(r) R.A. No. 8749, Clean Air Act;
(b) P.D. No. 705, Revised Forestry Code;
(s) R.A. No. 9003, Ecological Solid Waste Management Act;
(c) P.D. No. 856, Sanitation Code;
(t) R.A. No. 9072, National Caves and Cave Resource Management Act;
(d) P.D. No. 979, Marine Pollution Decree;
(u) R.A. No. 9147, Wildlife Conservation and Protection Act;
(e) P.D. No. 1067, Water Code;
(v) R.A. No. 9175, Chainsaw Act;
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(w) R.A. No. 9275, Clean Water Act;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
(h) P.D. No. 1586, Establishing an Environmental Impact Statement System
Including Other Environmental Management Related Measures and for Other
Purposes; (y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657,
Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local Government
Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the Revised Forestry Code
(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted
and Other Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed
or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along
Industry Development Act of 1992; R.A. No. 7900, High-Value Crops Development
Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground;
Rules of Procedure for Environmental Cases Act; R.A. No. 8048, Coconut Preservation (d) Environmental protection order (EPO) refers to an order issued by the court
Act; R.A. No. 8435, Agriculture and Fisheries Modernization Act of 1997; R.A. No. 9522, directing or enjoining any person or government agency to perform or desist from
The Philippine Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008; performing an act in order to protect, preserve or rehabilitate the environment.
R.A. No. 9637, Philippine Biofuels Act; and other existing laws that relate to the
conservation, development, preservation, protection and utilization of the environment and (e) Mineral refers to all naturally occurring inorganic substance in solid, gas, liquid,
natural resources. or any intermediate state excluding energy materials such as coal, petroleum, natural
gas, radioactive materials and geothermal energy.
Section 3. Objectives. - The objectives of these Rules are:
(f) Precautionary principle states that when human activities may lead to threats of
(a) To protect and advance the constitutional right of the people to a balanced and serious and irreversible damage to the environment that is scientifically plausible but
healthful ecology; uncertain, actions shall be taken to avoid or diminish that threat.

(b) To provide a simplified, speedy and inexpensive procedure for the enforcement (g) Strategic lawsuit against public participation (SLAPP) refers to an action whether
of environmental rights and duties recognized under the Constitution, existing laws, civil, criminal or administrative, brought against any person, institution or any
rules and regulations, and international agreements; government agency or local government unit or its officials and employees, with the
intent to harass, vex, exert undue pressure or stifle any legal recourse that such
(c) To introduce and adopt innovations and best practices ensuring the effective person, institution or government agency has taken or may take in the enforcement of
enforcement of remedies and redress for violation of environmental laws; and environmental laws, protection of the environment or assertion of environmental
rights.
(d) To enable the courts to monitor and exact compliance with orders and judgments
in environmental cases. (h) Wildlife means wild forms and varieties of flora and fauna, in all developmental
stages including those which are in captivity or are being bred or propagated.
Section 4. Definition of Terms. -
PART II
CIVIL PROCEDURE
(a) By-product or derivatives means any part taken or substance extracted from
wildlife, in raw or in processed form including stuffed animals and herbarium
specimens. 1avvphi1 RULE 2
PLEADINGS AND PARTIES
(b) Consent decree refers to a judicially-approved settlement between concerned
parties based on public interest and public policy to protect and preserve the Section 1. Pleadings and motions allowed. — The pleadings and motions that may be filed
environment. are complaint, answer which may include compulsory counterclaim and cross-claim, motion
for intervention, motion for discovery and motion for reconsideration of the judgment.
(c) Continuing mandamus is a writ issued by a court in an environmental case
directing any agency or instrumentality of the government or officer thereof to Motion for postponement, motion for new trial and petition for relief from judgment shall be
perform an act or series of acts decreed by final judgment which shall remain allowed in highly meritorious cases or to prevent a manifest miscarriage of justice.
effective until judgment is fully satisfied.
Section 2. Prohibited pleadings or motions. — The following pleadings or motions shall not
be allowed:
 (a) Motion to dismiss the complaint; Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be governed by their
respective provisions.
(b) Motion for a bill of particulars;
Section 6. Service of the complaint on the government or its agencies. - Upon the filing of the
(c) Motion for extension of time to file pleadings, except to file answer, the extension complaint, the plaintiff is required to furnish the government or the appropriate agency,
not to exceed fifteen (15) days; 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.
(d) Motion to declare the defendant in default;
Section 7. Assignment by raffle. - If there is only one (1) designated branch in a multiple-sala
court, the executive judge shall immediately refer the case to said branch. If there are two (2)
(e) Reply and rejoinder; and
or more designated branches, the executive judge shall conduct a special raffle on the day the
complaint is filed.
(f) Third party complaint.
Section 8. Issuance of Temporary Environmental Protection Order (TEPO). - If it appears
Section 3. Verified complaint. — The verified complaint shall contain the names of the from the verified complaint with a prayer for the issuance of an Environmental Protection
parties, their addresses, the cause of action and the reliefs prayed for. Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice
and irreparable injury, the executive judge of the multiple-sala court before raffle or the
The plaintiff shall attach to the verified complaint all evidence proving or supporting the presiding judge of a single-sala court as the case may be, may issue ex parte a TEPO effective
cause of action consisting of the affidavits of witnesses, documentary evidence and if for only seventy-two (72) hours from date of the receipt of the TEPO by the party or person
possible, object evidence. The affidavits shall be in question and answer form and shall enjoined. Within said period, the court where the case is assigned, shall conduct a summary
comply with the rules of admissibility of evidence. hearing to determine whether the TEPO may be extended until the termination of the case.

The complaint shall state that it is an environmental case and the law involved. The complaint The court where the case is assigned, shall periodically monitor the existence of acts that are
shall also include a certification against forum shopping. If the complaint is not an the subject matter of the TEPO even if issued by the executive judge, and may lift the same at
environmental complaint, the presiding judge shall refer it to the executive judge for re-raffle. any time as circumstances may warrant.

Section 4. Who may file. — Any real party in interest, including the government and juridical The applicant shall be exempted from the posting of a bond for the issuance of a TEPO.
entities authorized by law, may file a civil action involving the enforcement or violation of
any environmental law. Section 9. Action on motion for dissolution of TEPO. - The grounds for motion to dissolve a
TEPO shall be supported by affidavits of the party or person enjoined which the applicant
Section 5. Citizen suit. — Any Filipino citizen in representation of others, including minors or may oppose, also by affidavits.
generations yet unborn, may file an action to enforce rights or obligations under
environmental laws. Upon the filing of a citizen suit, the court shall issue an order which shall The TEPO may be dissolved if it appears after hearing that its issuance or continuance would
contain a brief description of the cause of action and the reliefs prayed for, requiring all cause irreparable damage to the party or person enjoined while the applicant may be fully
interested parties to manifest their interest to intervene in the case within fifteen (15) days compensated for such damages as he may suffer and subject to the posting of a sufficient bond
from notice thereof. The plaintiff may publish the order once in a newspaper of a general by the party or person enjoined.
circulation in the Philippines or furnish all affected barangays copies of said order.
Section 10. Prohibition against temporary restraining order (TRO) and preliminary plaintiff. The defendant shall attach affidavits of witnesses, reports, studies of experts and all
injunction. - Except the Supreme Court, no court can issue a TRO or writ of preliminary evidence in support of the defense.
injunction against lawful actions of government agencies that enforce environmental laws or
prevent violations thereof. Affirmative and special defenses not pleaded shall be deemed waived, except lack of
jurisdiction.
Section 11. Report on TEPO, EPO, TRO or preliminary injunction. - The judge shall report
any action taken on a TEPO, EPO, TRO or a preliminary injunction, including its Cross-claims and compulsory counterclaims not asserted shall be considered barred. The
modification and dissolution, to the Supreme Court, through the Office of the Court answer to counterclaims or cross-claims shall be filed and served within ten (10) days from
Administrator, within ten (10) days from the action taken. service of the answer in which they are pleaded.

Section 12. Payment of filing and other legal fees. - The payment of filing and other legal fees Section 15. Effect of failure to answer. - Should the defendant fail to answer the complaint
by the plaintiff shall be deferred until after judgment unless the plaintiff is allowed to litigate within the period provided, the court shall declare defendant in default and upon motion of the
as an indigent. It shall constitute a first lien on the judgment award. plaintiff, shall receive evidence ex parte and render judgment based thereon and the reliefs
prayed for.
For a citizen suit, the court shall defer the payment of filing and other legal fees that shall
serve as first lien on the judgment award. RULE 3
PRE-TRIAL
Section 13. Service of summons, orders and other court processes. - The summons, orders
and other court processes may be served by the sheriff, his deputy or other proper court Section 1. Notice of pre-trial. - Within two (2) days from the filing of the answer to the
officer or for justifiable reasons, by the counsel or representative of the plaintiff or any counterclaim or cross-claim, if any, the branch clerk of court shall issue a notice of the pre-
suitable person authorized or deputized by the court issuing the summons. trial to be held not later than one (1) month from the filing of the last pleading.

Any private person who is authorized or deputized by the court to serve summons, orders and The court shall schedule the pre-trial and set as many pre-trial conferences as may be
other court processes shall for that purpose be considered an officer of the court. necessary within a period of two (2) months counted from the date of the first pre-trial
conference.
The summons shall be served on the defendant, together with a copy of an order informing all
parties that they have fifteen (15) days from the filing of an answer, within which to avail of Section 2. Pre-trial brief. - At least three (3) days before the pretrial, the parties shall submit
interrogatories to parties under Rule 25 of the Rules of Court and request for admission by pre-trial briefs containing the following:
adverse party under Rule 26, or at their discretion, make use of depositions under Rule 23 or
other measures under Rules 27 and 28. (a) A statement of their willingness to enter into an amicable settlement indicating
the desired terms thereof or to submit the case to any of the alternative modes of
Should personal and substituted service fail, summons by publication shall be allowed. In the dispute resolution;
case of juridical entities, summons by publication shall be done by indicating the names of the
officers or their duly authorized representatives.
(b) A summary of admitted facts and proposed stipulation of facts;

Section 14. Verified answer. - Within fifteen (15) days from receipt of summons, the
(c) The legal and factual issues to be tried or resolved. For each factual issue, the
defendant shall file a verified answer to the complaint and serve a copy thereof on the
parties shall state all evidence to support their positions thereon. For each legal issue,
 parties shall state the applicable law and jurisprudence supporting their respective (b) To mark the documents or exhibits to be presented by the parties and copies
positions thereon; thereof to be attached to the records after comparison with the originals;

(d) The documents or exhibits to be presented, including depositions, answers to (c) To ascertain from the parties the undisputed facts and admissions on the
interrogatories and answers to written request for admission by adverse party, stating genuineness and due execution of the documents marked as exhibits;
the purpose thereof;
(d) To require the parties to submit the depositions taken under Rule 23 of the Rules
(e) A manifestation of their having availed of discovery procedures or their intention of Court, the answers to written interrogatories under Rule 25, and the answers to
to avail themselves of referral to a commissioner or panel of experts; request for admissions by the adverse party under Rule 26;

(f) The number and names of the witnesses and the substance of their affidavits; (e) To require the production of documents or things requested by a party under Rule
27 and the results of the physical and mental examination of persons under Rule 28;
(g) Clarificatory questions from the parties; and
(f) To consider such other matters as may aid in its prompt disposition;
(h) List of cases arising out of the same facts pending before other courts or
administrative agencies. Failure to comply with the required contents of a pre-trial (g) To record the proceedings in the "Minutes of Preliminary Conference" to be
brief may be a ground for contempt. signed by both parties or their counsels;

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. (h) To mark the affidavits of witnesses which shall be in question and answer form
and shall constitute the direct examination of the witnesses; and
Section 3. Referral to mediation. - At the start of the pre-trial conference, the court shall
inquire from the parties if they have settled the dispute; otherwise, the court shall immediately (i) To attach the minutes together with the marked exhibits before the pre-trial
refer the parties or their counsel, if authorized by their clients, to the Philippine Mediation proper.
Center (PMC) unit for purposes of mediation. If not available, the court shall refer the case to
the clerk of court or legal researcher for mediation. The parties or their counsel must submit to the branch clerk of court the names, addresses and
contact numbers of the affiants.
Mediation must be conducted within a non-extendible period of thirty (30) days from receipt
of notice of referral to mediation. During the preliminary conference, the branch clerk of court shall also require the parties to
submit the depositions taken under Rule 23 of the Rules of Court, the answers to written
The mediation report must be submitted within ten (10) days from the expiration of the 30- interrogatories under Rule 25 and the answers to request for admissions by the adverse party
day period. under Rule 26. The branch clerk of court may also require the production of documents or
things requested by a party under Rule 27 and the results of the physical and mental
Section 4. Preliminary conference. - If mediation fails, the court will schedule the examination of persons under Rule 28.
continuance of the pre-trial. Before the scheduled date of continuance, the court may refer the
case to the branch clerk of court for a preliminary conference for the following purposes: Section 5. Pre-trial conference; consent decree. - The judge shall put the parties and their
counsels under oath, and they shall remain under oath in all pre-trial conferences.
(a) To assist the parties in reaching a settlement;
The judge shall exert best efforts to persuade the parties to arrive at a settlement of the (j) Observe the Most Important Witness Rule in limiting the number of witnesses,
dispute. The judge may issue a consent decree approving the agreement between the parties in determining the facts to be proved by each witness and fixing the approximate
accordance with law, morals, public order and public policy to protect the right of the people number of hours per witness;
to a balanced and healthful ecology.
(k) Encourage referral of the case to a trial by commissioner under Rule 32 of the
Evidence not presented during the pre-trial, except newly-discovered evidence, shall be Rules of Court or to a mediator or arbitrator under any of the alternative modes of
deemed waived. dispute resolution governed by the Special Rules of Court on Alternative Dispute
Resolution;
Section 6. Failure to settle. - If there is no full settlement, the judge shall:
(l) Determine the necessity of engaging the services of a qualified expert as a friend
(a) Adopt the minutes of the preliminary conference as part of the pre-trial of the court (amicus curiae); and
proceedings and confirm the markings of exhibits or substituted photocopies and
admissions on the genuineness and due execution of documents; (m) Ask parties to agree on the specific trial dates for continuous trial, comply with
the one-day examination of witness rule, adhere to the case flow chart determined by
(b) Determine if there are cases arising out of the same facts pending before other the court which shall contain the different stages of the proceedings up to the
courts and order its consolidation if warranted; promulgation of the decision and use the time frame for each stage in setting the trial
dates.
(c) Determine if the pleadings are in order and if not, order the amendments if
necessary; Section 7. Effect of failure to appear at pre-trial. - The court shall not dismiss the complaint,
except upon repeated and unjustified failure of the plaintiff to appear. The dismissal shall be
without prejudice, and the court may proceed with the counterclaim.
(d) Determine if interlocutory issues are involved and resolve the same;

If the defendant fails to appear at the pre-trial, the court shall receive evidence ex parte.
(e) Consider the adding or dropping of parties;

(f) Scrutinize every single allegation of the complaint, answer and other pleadings Section 8. Minutes of pre-trial. - The minutes of each pre-trial conference shall contain
and attachments thereto, and the contents of documents and all other evidence matters taken up therein, more particularly admissions of facts and exhibits, and shall be
identified and pre-marked during pre-trial in determining further admissions; signed by the parties and their counsel.

Section 9. Pre-trial order. - Within ten (10) days after the termination of the pre-trial, the
(g) Obtain admissions based on the affidavits of witnesses and evidence attached to
court shall issue a pre-trial order setting forth the actions taken during the pre-trial conference,
the pleadings or submitted during pre-trial;
the facts stipulated, the admissions made, the evidence marked, the number of witnesses to be
presented and the schedule of trial. Said order shall bind the parties, limit the trial to matters
(h) Define and simplify the factual and legal issues arising from the pleadings and not disposed of and control the course of action during the trial.
evidence. Uncontroverted issues and frivolous claims or defenses should be
eliminated;
Section 10. Efforts to settle. - The court shall endeavor to make the parties agree to
compromise or settle in accordance with law at any stage of the proceedings before rendition
(i) Discuss the propriety of rendering a summary judgment or a judgment based on of judgment.
the pleadings, evidence and admissions made during pre-trial;
 RULE 4 RULE 5
TRIAL JUDGMENT AND EXECUTION

Section 1. Continuous trial. - The judge shall conduct continuous trial which shall not exceed Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to the plaintiff proper
two (2) months from the date of the issuance of the pre-trial order. reliefs which shall include the protection, preservation or rehabilitation of the environment
and the payment of attorney’s fees, costs of suit and other litigation expenses. It may also
Before the expiration of the two-month period, the judge may ask the Supreme Court for the require the violator to submit a program of rehabilitation or restoration of the environment,
extension of the trial period for justifiable cause. the costs of which shall be borne by the violator, or to contribute to a special trust fund for
that purpose subject to the control of the court.
Section 2. Affidavits in lieu of direct examination. - In lieu of direct examination, affidavits
marked during the pre-trial shall be presented as direct examination of affiants subject to Section 2. Judgment not stayed by appeal. - Any judgment directing the performance of acts
cross- for the protection, preservation or rehabilitation of the environment shall be executory
pending appeal unless restrained by the appellate court.
examination by the adverse party.
Section 3. Permanent EPO; writ of continuing mandamus. - In the judgment, the court may
Section 3. One-day examination of witness rule. - The court shall strictly adhere to the rule convert the TEPO to a permanent EPO or issue a writ of continuing mandamus directing the
that a witness has to be fully examined in one (1) day, subject to the court’s discretion of performance of acts which shall be effective until the judgment is fully satisfied.
extending the examination for justifiable reason. After the presentation of the last witness,
only oral offer of evidence shall be allowed, and the opposing party shall immediately The court may, by itself or through the appropriate government agency, monitor the execution
interpose his objections. The judge shall forthwith rule on the offer of evidence in open court. of the judgment and require the party concerned to submit written reports on a quarterly basis
or sooner as may be necessary, detailing the progress of the execution and satisfaction of the
Section 4. Submission of case for decision; filing of memoranda. - After the last party has judgment. The other party may, at its option, submit its comments or observations on the
rested its case, the court shall issue an order submitting the case for decision. execution of the judgment.

Section 4. Monitoring of compliance with judgment and orders of the court by a

The court may require the parties to submit their respective memoranda, if possible in
electronic form, within a non-extendible period of thirty (30) days from the date the case is commissioner. - The court may motu proprio, or upon motion of the prevailing party, order
that the enforcement of the judgment or order be referred to a commissioner to be appointed
submitted for decision.
by the court. The commissioner shall file with the court written progress reports on a quarterly
basis or more frequently when necessary.
The court shall have a period of sixty (60) days to decide the case from the date the case is
submitted for decision.
Section 5. Return of writ of execution. - The process of execution shall terminate upon a
sufficient showing that the decision or order has been implemented to the satisfaction of the
Section 5. Period to try and decide. - The court shall have a period of one (1) year from the court in accordance with Section 14, Rule 39 of the Rules of Court.
filing of the complaint to try and decide the case. Before the expiration of the one-year period,
the court may petition the Supreme Court for the extension of the period for justifiable cause.

The court shall prioritize the adjudication of environmental cases.

 RULE 6 PART III
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION SPECIAL CIVIL ACTIONS

Section 1. Strategic lawsuit against public participation (SLAPP). - A legal action filed to RULE 7
harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the WRIT OF KALIKASAN
government has taken or may take in the enforcement of environmental laws, protection of the
environment or assertion of environmental rights shall be treated as a SLAPP and shall be Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person,
governed by these Rules. entity authorized by law, people’s organization, non-governmental organization, or any public
interest group accredited by or registered with any government agency, on behalf of persons
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a person involved in whose constitutional right to a balanced and healthful ecology is violated, or threatened with
the enforcement of environmental laws, protection of the environment, or assertion of violation by an unlawful act or omission of a public official or employee, or private individual
environmental rights, the defendant may file an answer interposing as a defense that the case or entity, involving environmental damage of such magnitude as to prejudice the life, health
is a SLAPP and shall be supported by documents, affidavits, papers and other evidence; and, or property of inhabitants in two or more cities or provinces.
by way of counterclaim, pray for damages, attorney’s fees and costs of suit.
Section 2. Contents of the petition. - The verified petition shall contain the following:
The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not
a SLAPP, attaching evidence in support thereof, within a non-extendible period of five (5) (a) The personal circumstances of the petitioner;
days from receipt of notice that an answer has been filed.
(b) The name and personal circumstances of the respondent or if the name and
The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file personal circumstances are unknown and uncertain, the respondent may be described
an opposition within fifteen (15) days from filing of the comment or the lapse of the period. by an assumed appellation;

Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in (c) The environmental law, rule or regulation violated or threatened to be violated,
nature. The parties must submit all available evidence in support of their respective positions. the act or omission complained of, and the environmental damage of such magnitude
The party seeking the dismissal of the case must prove by substantial evidence that his act for as to prejudice the life, health or property of inhabitants in two or more cities or
the enforcement of environmental law is a legitimate action for the protection, preservation provinces.
and rehabilitation of the environment. The party filing the action assailed as a SLAPP shall
prove by preponderance of evidence that the action is not a SLAPP and is a valid claim.
(d) All relevant and material evidence consisting of the affidavits of witnesses,
documentary evidence, scientific or other expert studies, and if possible, object
Section 4. Resolution of the defense of a SLAPP. - The affirmative defense of a SLAPP shall evidence;
be resolved within thirty (30) days after the summary hearing. If the court dismisses the
action, the court may award damages, attorney’s fees and costs of suit under a counterclaim if
(e) The certification of petitioner under oath that: (1) petitioner has not commenced
such has been filed. The dismissal shall be with prejudice.
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; (2) if
If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing there is such other pending action or claim, a complete statement of its present status;
shall be treated as evidence of the parties on the merits of the case. The action shall proceed in (3) if petitioner should learn that the same or similar action or claim has been filed or
accordance with the Rules of Court. is pending, petitioner shall report to the court that fact within five (5) days therefrom;
and
 (f) The reliefs prayed for which may include a prayer for the issuance of a TEPO. Section 9. Prohibited pleadings and motions. - The following pleadings and motions are
prohibited:
Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any of
the stations of the Court of Appeals. (a) Motion to dismiss;

Section 4. No docket fees. - The petitioner shall be exempt from the payment of docket (b) Motion for extension of time to file return;

fees. (c) Motion for postponement;

Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the petition, (d) Motion for a bill of particulars;
if the petition is sufficient in form and substance, the court shall give an order: (a) issuing the
writ; and (b) requiring the respondent to file a verified return as provided in Section 8 of this (e) Counterclaim or cross-claim;
Rule. The clerk of court shall forthwith issue the writ under the seal of the court including the
issuance of a cease and desist order and other temporary reliefs effective until further order.
(f) Third-party complaint;

Section 6. How the writ is served. - The writ shall be served upon the respondent by a court
(g) Reply; and
officer or any person deputized by the court, who shall retain a copy on which to make a
return of service. In case the writ cannot be served personally, the rule on substituted service
shall apply. (h) Motion to declare respondent in default.

Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly delays Section 10. Effect of failure to file return. - In case the respondent fails to file a return, the
or refuses to issue the writ after its allowance or a court officer or deputized person who court shall proceed to hear the petition ex parte.
unduly delays or refuses to serve the same shall be punished by the court for contempt without
prejudice to other civil, criminal or administrative actions. Section 11. Hearing. - Upon receipt of the return of the respondent, the court may call a
preliminary conference to simplify the issues, determine the possibility of obtaining
Section 8. Return of respondent; contents. - Within a non-extendible period of ten (10) days stipulations or admissions from the parties, and set the petition for hearing.
after service of the writ, the respondent shall file a verified return which shall contain all
defenses to show that respondent did not violate or threaten to violate, or allow the violation The hearing including the preliminary conference shall not extend beyond sixty (60) days and
of any environmental law, rule or regulation or commit any act resulting to environmental shall be given the same priority as petitions for the writs of habeas corpus, amparo and habeas
damage of such magnitude as to prejudice the life, health or property of inhabitants in two or data.
more cities or provinces.
Section 12. Discovery Measures. - A party may file a verified motion for the following
All defenses not raised in the return shall be deemed waived. reliefs:

The return shall include affidavits of witnesses, documentary evidence, scientific or other (a) Ocular Inspection; order — The motion must show that an ocular inspection
expert studies, and if possible, object evidence, in support of the defense of the respondent. order is necessary to establish the magnitude of the violation or the threat as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.
A general denial of allegations in the petition shall be considered as an admission thereof. It shall state in detail the place or places to be inspected. It shall be supported by
 affidavits of witnesses having personal knowledge of the violation or threatened Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted for
violation of environmental law. decision, the court shall render judgment granting or denying the privilege of the writ of
kalikasan.
After hearing, the court may order any person in possession or control of a
designated land or other property to permit entry for the purpose of inspecting or The reliefs that may be granted under the writ are the following:

photographing the property or any relevant object or operation thereon. (a) Directing respondent to permanently cease and desist from committing acts or
neglecting the performance of a duty in violation of environmental laws resulting in
The order shall specify the person or persons authorized to make the inspection and environmental destruction or damage;
the date, time, place and manner of making the inspection and may prescribe other
conditions to protect the constitutional rights of all parties. (b) Directing the respondent public official, government agency, private person or
entity to protect, preserve, rehabilitate or restore the environment;
(b) Production or inspection of documents or things; order – The motion must show
that a production order is necessary to establish the magnitude of the violation or the (c) Directing the respondent public official, government agency, private person or
threat as to prejudice the life, health or property of inhabitants in two or more cities entity to monitor strict compliance with the decision and orders of the court;
or provinces.
(d) Directing the respondent public official, government agency, or private person or
After hearing, the court may order any person in possession, custody or control of entity to make periodic reports on the execution of the final judgment; and
any designated documents, papers, books, accounts, letters, photographs, objects or
tangible things, or objects in digitized or electronic form, which constitute or contain (e) Such other reliefs which relate to the right of the people to a balanced and
evidence relevant to the petition or the return, to produce and permit their inspection, healthful ecology or to the protection, preservation, rehabilitation or restoration of
copying or photographing by or on behalf of the movant. the

The production order shall specify the person or persons authorized to make the production environment, except the award of damages to individual petitioners.
and the date, time, place and manner of making the inspection or production and may
prescribe other conditions to protect the constitutional rights of all parties. Section 16. Appeal. - Within fifteen (15) days from the date of notice of the adverse judgment
or denial of motion for reconsideration, any party may appeal to the Supreme Court under
Section 13. Contempt. - The court may after hearing punish the respondent who refuses or Rule 45 of the Rules of Court. The appeal may raise questions of fact.
unduly delays the filing of a return, or who makes a false return, or any person who disobeys
or resists a lawful process or order of the court for indirect contempt under Rule 71 of the Section 17. Institution of separate actions. - The filing of a petition for the issuance of the
Rules of Court. writ of kalikasan shall not preclude the filing of separate civil, criminal or administrative
actions.
Section 14. Submission of case for decision; filing of memoranda. - After hearing, the court
shall issue an order submitting the case for decision. The court may require the filing of
memoranda and if possible, in its electronic form, within a non-extendible period of thirty
(30) days from the date the petition is submitted for decision.
 RULE 8 judgment is fully satisfied and to grant such other reliefs as may be warranted resulting from
WRIT OF CONTINUING MANDAMUS the wrongful or illegal acts of the respondent. The court shall require the respondent to submit
periodic reports detailing the progress and execution of the judgment, and the court may, by
Section 1. Petition for continuing mandamus. - When any agency or instrumentality of the itself or through a commissioner or the appropriate government agency, evaluate and monitor
government or officer thereof unlawfully neglects the performance of an act which the law compliance. The petitioner may submit its comments or observations on the execution of the
specifically enjoins as a duty resulting from an office, trust or station in connection with the judgment.
enforcement or violation of an environmental law rule or regulation or a right therein, or
unlawfully excludes another from the use or enjoyment of such right and there is no other Section 8. Return of the writ. - The periodic reports submitted by the respondent detailing
plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved compliance with the judgment shall be contained in partial returns of the writ.
thereby may file a verified petition in the proper court, alleging the facts with certainty,
attaching thereto supporting evidence, specifying that the petition concerns an environmental Upon full satisfaction of the judgment, a final return of the writ shall be made to the court by
law, rule or regulation, and praying that judgment be rendered commanding the respondent to the respondent. If the court finds that the judgment has been fully implemented, the
do an act or series of acts until the judgment is fully satisfied, and to pay damages sustained satisfaction of judgment shall be entered in the court docket.
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 certification of
PART IV
non-forum shopping.
CRIMINAL PROCEDURE

Section 2. Where to file the petition. - The petition shall be filed with the Regional Trial Court RULE 9
exercising jurisdiction over the territory where the actionable neglect or omission occurred or
PROSECUTION OF OFFENSES
with the Court of Appeals or the Supreme Court.
Section 1. Who may file. - Any offended party, peace officer or any public officer charged
Section 3. No docket fees. - The petitioner shall be exempt from the payment of docket fees. with the enforcement of an environmental law may file a complaint before the proper officer
in accordance with the Rules of Court.
Section 4. Order to comment. - If the petition is sufficient in form and substance, the court
shall issue the writ and require the respondent to comment on the petition within ten (10) days
Section 2. Filing of the information. - An information, charging a person with a violation of
from receipt of a copy thereof. Such order shall be served on the respondents in such manner
an environmental law and subscribed by the prosecutor, shall be filed with the court.
as the court may direct, together with a copy of the petition and any annexes thereto.
Section 3. Special prosecutor. - In criminal cases, where there is no private offended party, a
Section 5. Expediting proceedings; TEPO. - The court in which the petition is filed may issue
counsel whose services are offered by any person or organization may be allowed by the court
such orders to expedite the proceedings, and it may also grant a TEPO for the preservation of
as special prosecutor, with the consent of and subject to the control and supervision of the
the rights of the parties pending such proceedings.
public prosecutor.

Section 6. Proceedings after comment is filed. - After the comment is filed or the time for the
filing thereof has expired, the court may hear the case which shall be summary in nature or
require the parties to submit memoranda. The petition shall be resolved without delay within
sixty (60) days from the date of the submission of the petition for resolution.

Section 7. Judgment. - If warranted, the court shall grant the privilege of the writ of
continuing mandamus requiring respondent to perform an act or series of acts until the
 RULE 10 RULE 12
PROSECUTION OF CIVIL ACTIONS CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS
Section 1. Institution of criminal and civil actions. - When a criminal action is instituted, the
civil action for the recovery of civil liability arising from the offense charged, shall be deemed Section 1. Custody and disposition of seized items. - The custody and disposition of seized
instituted with the criminal action unless the complainant waives the civil action, reserves the items shall be in accordance with the applicable laws or rules promulgated by the concerned
right to institute it separately or institutes the civil action prior to the criminal action. government agency.

Unless the civil action has been instituted prior to the criminal action, the reservation of the Section 2. Procedure. - In the absence of applicable laws or rules promulgated by the
right to institute separately the civil action shall be made during arraignment. concerned government agency, the following procedure shall be observed:

In case civil liability is imposed or damages are awarded, the filing and other legal fees shall (a) The apprehending officer having initial custody and control of the seized items,
be imposed on said award in accordance with Rule 141 of the Rules of Court, and the fees equipment, paraphernalia, conveyances and instruments shall physically inventory
shall constitute a first lien on the judgment award. The damages awarded in cases where there and whenever practicable, photograph the same in the presence of the person from
is no private offended party, less the filing fees, shall accrue to the funds of the agency whom such items were seized.
charged with the implementation of the environmental law violated. The award shall be used
for the restoration and rehabilitation of the environment adversely affected. (b) Thereafter, the apprehending officer shall submit to the issuing court the return of
the search warrant within five (5) days from date of seizure or in case of warrantless
RULE 11 arrest, submit within five (5) days from date of seizure, the inventory report,
ARREST compliance report, photographs, representative samples and other pertinent
documents to the public prosecutor for appropriate action.
Section 1. Arrest without warrant; when lawful. - A peace officer or an individual deputized
by the proper government agency may, without a warrant, arrest a person: (c) Upon motion by any interested party, the court may direct the auction sale of
seized items, equipment, paraphernalia, tools or instruments of the crime. The court
(a) When, in his presence, the person to be arrested has committed, is actually shall, after hearing, fix the minimum bid price based on the recommendation of the
committing or is attempting to commit an offense; or concerned government agency. The sheriff shall conduct the auction.

(b) When an offense has just been committed, and he has probable cause to believe (d) The auction sale shall be with notice to the accused, the person from whom the
based on personal knowledge of facts or circumstances that the person to be arrested items were seized, or the owner thereof and the concerned government agency.
has committed it. Individuals deputized by the proper government agency who are
enforcing environmental laws shall enjoy the presumption of regularity under (e) The notice of auction shall be posted in three conspicuous places in the city or
Section 3(m), Rule 131 of the Rules of Court when effecting arrests for violations of municipality where the items, equipment, paraphernalia, tools or instruments of the
environmental laws. crime were seized.

Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall be accompanied (f) The proceeds shall be held in trust and deposited with the government depository
by a certified true copy of the information filed with the issuing court. bank for disposition according to the judgment.
 RULE 13 (c) To waive the right of the accused to be present at the trial, and upon failure of the
PROVISIONAL REMEDIES accused to appear without justification and despite due notice, the trial may proceed
in absentia.
Section 1. Attachment in environmental cases. - The provisional remedy of attachment under
Rule 127 of the Rules of Court may be availed of in environmental cases. RULE 15
ARRAIGNMENT AND PLEA
Section 2. Environmental Protection Order (EPO); Temporary Environmental Protection
Order (TEPO) in criminal cases. - The procedure for and issuance of EPO and TEPO shall be Section 1. Arraignment. - The court shall set the arraignment of the accused within fifteen
governed by Rule 2 of these Rules. (15) days from the time it acquires jurisdiction over the accused, with notice to the public
prosecutor and offended party or concerned government agency that it will entertain plea-
bargaining on the date of the arraignment.

RULE 14 Section 2. Plea-bargaining. - On the scheduled date of arraignment, the court shall consider
BAIL plea-bargaining arrangements. Where the prosecution and offended party or concerned
government agency agree to the plea offered by the accused, the court shall:
Section 1. Bail, where filed. - Bail in the amount fixed may be filed with the court where the
case is pending, or in the absence or unavailability of the judge thereof, with any regional trial (a) Issue an order which contains the plea-bargaining arrived at;
judge, metropolitan trial judge, municipal trial judge or municipal circuit trial judge in the
province, city or municipality. If the accused is arrested in a province, city or municipality (b) Proceed to receive evidence on the civil aspect of the case, if any; and
other than where the case is pending, bail may also be filed with any Regional Trial Court of
said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial (c) Render and promulgate judgment of conviction, including the civil liability for
judge or municipal circuit trial judge therein. If the court grants bail, the court may issue a damages.
hold-departure order in appropriate cases.
RULE 16
Section 2. Duties of the court. - Before granting the application for bail, the judge must read PRE-TRIAL
the information in a language known to and understood by the accused and require the
accused to sign a written undertaking, as follows: Section 1. Setting of pre-trial conference. - After the arraignment, the court shall set the pre-
trial conference within thirty (30) days. It may refer the case to the branch clerk of court, if
(a) To appear before the court that issued the warrant of arrest for arraignment warranted, for a preliminary conference to be set at least three (3) days prior to the pre-trial.
purposes on the date scheduled, and if the accused fails to appear without
justification on the date of arraignment, accused waives the reading of the
Section 2. Preliminary conference. - The preliminary conference shall be for the following
information and authorizes the court to enter a plea of not guilty on behalf of the
purposes:
accused and to set the case for trial;
(a) To assist the parties in reaching a settlement of the civil aspect of the case;
(b) To appear whenever required by the court where the case is pending; and
(b) To mark the documents to be presented as exhibits;

(c) To attach copies thereof to the records after comparison with the originals;
 (d) To ascertain from the parties the undisputed facts and admissions on the (e) Ask parties to agree on the specific trial dates and adhere to the flow chart
genuineness and due execution of documents marked as exhibits; determined by the court which shall contain the time frames for the different stages
of the proceeding up to promulgation of decision;
(e) To consider such other matters as may aid in the prompt disposition of the case;
(f) Require the parties to submit to the branch clerk of court the names, addresses and
(f) To record the proceedings during the preliminary conference in the Minutes of contact numbers of witnesses that need to be summoned by subpoena; and
Preliminary Conference to be signed by the parties and counsel;
(g) Consider modification of order of trial if the accused admits the charge but
(g) To mark the affidavits of witnesses which shall be in question and answer form interposes a lawful defense.
and shall constitute the direct examination of the witnesses; and
Section 4. Manner of questioning. - All questions or statements must be directed to the court.
(h) To attach the Minutes and marked exhibits to the case record before the pre-trial
proper. The parties or their counsel must submit to the branch clerk of court the Section 5. Agreements or admissions. - All agreements or admissions made or entered during
names, addresses and contact numbers of the affiants. the pre-trial conference shall be reduced in writing and signed by the accused and counsel;
otherwise, they cannot be used against the accused. The agreements covering the matters
Section 3. Pre-trial duty of the judge. - During the pre-trial, the court shall: referred to in Section 1, Rule 118 of the Rules of Court shall be approved by the court.

(a) Place the parties and their counsels under oath; Section 6. Record of proceedings. - All proceedings during the pre-trial shall be recorded, the
transcripts prepared and the minutes signed by the parties or their counsels.
(b) Adopt the minutes of the preliminary conference as part of the pre-trial
proceedings, confirm markings of exhibits or substituted photocopies and admissions Section 7. Pre-trial order. - The court shall issue a pre-trial order within ten (10) days after
on the genuineness and due execution of documents, and list object and testimonial the termination of the pre-trial, setting forth the actions taken during the pre-trial conference,
evidence; the facts stipulated, the admissions made, evidence marked, the number of witnesses to be
presented and the schedule of trial. The order shall bind the parties and control the course of
(c) Scrutinize the information and the statements in the affidavits and other action during the trial.
documents which form part of the record of the preliminary investigation together
with other documents identified and marked as exhibits to determine further RULE 17
admissions of facts as to: TRIAL

i. The court’s territorial jurisdiction relative to the offense(s) charged; Section 1. Continuous trial. - The court shall endeavor to conduct continuous trial which shall
not exceed three (3) months from the date of the issuance of the pre-trial order.
ii. Qualification of expert witnesses; and
Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of direct examination
iii. Amount of damages; shall be used, subject to cross-examination and the right to object to inadmissible portions of
the affidavit.
(d) Define factual and legal issues;
Section 3. Submission of memoranda. - The court may require the parties to submit their Section 3. Resolution. - The court shall grant the motion if the accused establishes in the
respective memoranda and if possible, in electronic form, within a non-extendible period of summary hearing that the criminal case has been filed with intent to harass, vex, exert undue
thirty (30) days from the date the case is submitted for decision. pressure or stifle any legal recourse that any person, institution or the government has taken or
may take in the enforcement of environmental laws, protection of the environment or
With or without any memoranda filed, the court shall have a period of sixty (60) days to assertion of environmental rights.
decide the case counted from the last day of the 30-day period to file the memoranda.
If the court denies the motion, the court shall immediately proceed with the arraignment of the
Section 4. Disposition period. - The court shall dispose the case within a period of ten (10) accused.
months from the date of arraignment.
PART V
Section 5. Pro bono lawyers. - If the accused cannot afford the services of counsel or there is EVIDENCE
no available public attorney, the court shall require the Integrated Bar of the Philippines to
provide pro bono lawyers for the accused. RULE 20
PRECAUTIONARY PRINCIPLE
RULE 18
SUBSIDIARY LIABILITY Section 1. Applicability. - 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
Section 1. Subsidiary liability. - In case of conviction of the accused and subsidiary liability is precautionary principle in resolving the case before it.
allowed by law, the court may, by motion of the person entitled to recover under judgment,
enforce such subsidiary liability against a person or corporation subsidiary liable under Article The constitutional right of the people to a balanced and healthful ecology shall be given the
102 and Article 103 of the Revised Penal Code. benefit of the doubt.

RULE 19 Section 2. Standards for application. - In applying the precautionary principle, the following
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL factors, among others, may be considered: (1) threats to human life or
CASES

Section 1. Motion to dismiss. - Upon the filing of an information in court and before
arraignment, the accused may file a motion to dismiss on the ground that the criminal action is
a SLAPP.

Section 2. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in
nature. The parties must submit all the available evidence in support of their respective
positions. The party seeking the dismissal of the case must prove by substantial evidence that
his acts for the enforcement of environmental law is a legitimate action for the protection,
preservation and rehabilitation of the environment. The party filing the action assailed as a
SLAPP shall prove by preponderance of evidence that the action is not a SLAPP.