The Rules of Procedure for Environmental Cases

Environmental Protection Order (EPO)

An order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve, or rehabilitate the environment.

Citizen suit

A civil action filed by any Filipino citizen, in representation of others, including minors or generations yet unborn, to enforce rights or obligations under environmental laws.

Verified complaint

A complaint filed by the plaintiff that contains the names of the parties, their addresses, the cause of action, and the reliefs prayed for. It must also include evidence proving or supporting the cause of action, such as affidavits of witnesses, documentary evidence, and object evidence.

Temporary Environmental Protection Order (TEPO)

An order issued by the court, in cases of extreme urgency, to prevent grave injustice and irreparable injury. It is effective for only seventy-two (72) hours and can be extended after a summary hearing.

Prohibition against temporary restraining order (TRO) and preliminary injunction

Except for the Supreme Court, no court can issue a TRO or preliminary injunction against lawful actions of government agencies that enforce environmental laws or prevent violations thereof.

Payment of filing and other legal fees

The payment of filing and other legal fees by the plaintiff is deferred until after judgment, unless the plaintiff is allowed to litigate as an indigent. It constitutes a first lien on the judgment award.

Service of summons, orders, and other court processes

Summons, orders, and other court processes may be served by the sheriff, court officer, counsel or representative of the plaintiff, or any suitable person authorized or deputized by the court. Summons by publication is allowed if personal and substituted service fail.

Verified answer

Within fifteen (15) days from receipt of summons, the defendant must file a verified answer to the complaint and serve a copy on the plaintiff. The answer must include affidavits of witnesses, reports, studies of experts, and all evidence in support of the defense.

Default

When the defendant fails to answer the complaint within the provided period, the court declares the defendant in default and the plaintiff can request for judgment based on evidence presented ex parte.

Pre-trial

A notice of pre-trial is issued by the branch clerk of court within two days from the filing of the answer to the counterclaim or cross-claim. The pre-trial is scheduled within one month from the filing of the last pleading, and multiple pre-trial conferences may be set within a two-month period.

Pre-trial brief

Parties must submit pre-trial briefs at least three days before the pre-trial. The brief should include a statement of willingness to settle, a summary of admitted facts, legal and factual issues, documents or exhibits to be presented, and a list of witnesses, among other things.

Mediation

If the dispute is not settled at the pre-trial conference, the court may refer the parties to mediation at the Philippine Mediation Center (PMC) unit or to a clerk of court or legal researcher for mediation. Mediation must be conducted within 30 days from the notice of referral.

Preliminary conference

If mediation fails, the court may schedule a preliminary conference before the continuance of the pre-trial. The conference aims to assist in reaching a settlement, mark documents or exhibits, ascertain undisputed facts, and discuss other matters that aid in the prompt disposition of the case.

Pre-trial conference; consent decree

The judge puts the parties and their counsels under oath during the pre-trial conference. The judge persuades the parties to settle and may issue a consent decree approving the agreement. Evidence not presented during pre-trial, except newly-discovered evidence, is deemed waived.

Failure to appear at pre-trial

The court does not dismiss the complaint if the plaintiff fails to appear at the pre-trial, except upon repeated and unjustified failure. If the defendant fails to appear, the court receives evidence ex parte.

Minutes of pre-trial

The minutes of each pre-trial conference contain matters discussed, admissions of facts and exhibits, and are signed by the parties and their counsel.

Pre-trial order

Within ten days after the pre-trial, the court issues a pre-trial order that sets forth the actions taken during the conference, stipulated facts, marked evidence, number of witnesses, and trial schedule. The order binds the parties and controls the course of action during the trial.

Efforts to settle

The court endeavors to make the parties agree to compromise or settle at any stage of the proceedings before judgment is rendered.

SLAPP

A strategic lawsuit against public participation, which is a lawsuit filed to intimidate or silence individuals or groups exercising their right to free speech or petition.

Summary hearing

A hearing that is brief and focused, where parties present all available evidence to support their respective positions.

Affirmative defense

A defense raised by the defendant that asserts that their actions were justified and lawful.

With prejudice

A dismissal of a case that prevents the plaintiff from filing the same claim again in the future.

Writ of Kalikasan

A remedy available to individuals or organizations to protect their constitutional right to a balanced and healthful ecology when it is violated or threatened by an unlawful act or omission.

Verified petition

A petition that is supported by evidence and contains the personal circumstances of the petitioner, details of the violation or threat, and relevant evidence.

Ocular inspection

An order allowing the inspection of a designated land or property to establish the magnitude of the environmental violation or threat.

Production or inspection of documents or things

An order requiring the production of relevant documents or objects that constitute or contain evidence related to the petition or the return.

Contempt

Punishment for refusing or unduly delaying the filing of a return, making a false return, or disobeying a lawful process or order of the court.

Judgment

The decision rendered by the court, which may grant the privilege of the writ of kalikasan and order the respondent to perform certain acts or provide other reliefs.

Return of the writ

The periodic reports submitted by the respondent detailing compliance with the judgment shall be contained in partial returns of the writ.

Final return of the writ

Upon full satisfaction of the judgment, a final return of the writ shall be made to the court by the respondent.

Satisfaction of judgment

If the court finds that the judgment has been fully implemented, the satisfaction of judgment shall be entered in the court docket.

Prosecution of offenses

Any offended party, peace officer, or any public officer charged with the enforcement of an environmental law may file a complaint before the proper officer in accordance with the Rules of Court.

Filing of the information

An information, charging a person with a violation of an environmental law and subscribed by the prosecutor, shall be filed with the court.

Special prosecutor

In criminal cases where there is no private offended party, a counsel whose services are offered by any person or organization may be allowed by the court as a special prosecutor, with the consent of and subject to the control and supervision of the public prosecutor.

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 instituted with the criminal action unless the complainant waives the civil action, reserves the right to institute it separately, or institutes the civil action prior to the criminal action.

Custody and disposition of seized items

The custody and disposition of seized items shall be in accordance with the applicable laws or rules promulgated by the concerned government agency.

Arrest without warrant

A peace officer or an individual deputized by the proper government agency may, without a warrant, arrest a person when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

Warrant of arrest

All warrants of arrest issued by the court shall be accompanied by a certified true copy of the information filed with the issuing court.

Summary hearing

A hearing on the defense of a SLAPP that is conducted in a quick and concise manner.

Substantial evidence

The evidence presented by the party seeking the dismissal of the case must be strong and convincing.

Preponderance of evidence

The evidence presented by the party filing the action must be more convincing than the evidence presented by the accused.

Intent to harass

The accused must establish in the summary hearing that the criminal case has been filed with the intention to harass, vex, exert undue pressure, or stifle any legal recourse.

Arraignment

If the court denies the motion to dismiss, the court will proceed with the arraignment of the accused.

Precautionary principle

When there is uncertainty in establishing a causal link between human activity and environmental effect, the court will apply the precautionary principle in resolving the case.

Benefit of the doubt

The constitutional right of the people to a balanced and healthful ecology will be given the benefit of the doubt.

Factors for application

In applying the precautionary principle, factors such as threats to human life or health, inequity to present or future generations, or prejudice to the environment without legal consideration of the environmental rights may be considered.

Documentary evidence

Photographs, videos, and similar evidence related to the case, when authenticated by the person who took them or other competent individuals, are admissible.

Entries in official records

Entries in official records made by a public officer or a person with a duty specially enjoined by law are considered prima facie evidence of the stated facts.

Effectivity

These Rules shall take effect within fifteen (15) days following publication in a newspaper of general circulation.

Application of the Rules of Court

The Rules of Court will apply in a supplementary manner, except as otherwise provided in these rules.