Writ of Kalikasan

What is the writ of kalikasan?

"A legal remedy designed for the protection of one’s constitutional right to a healthy environment.”

• Legal remedy in the philippines aimed at protecting the right to a healthy environment

• Court order that is issued to stop environmental harm, particularly in cases where there is allegations of environmental damage that may harm the public or natural resources

APPLIED WHEN?

• The writ of kalikasan may be sought by anyone whose constitutional right to a balanced and healthful ecology is violated, or whose constitutional right to a balanced and healthful ecology is threatened with violation,

• by an unlawful act of omission

• of a public official or employee, or private individual or entity and such violation or threat

• involves “environmental damage of such magnitude as to prejudice the life, health or property of inhabitants of two or more cities, or provinces.”

•  the supreme court may issue and appeal for the writ of kalikasan if…

• Sufficient allegation in the threat against the right to a balanced and healthful ecology

• The actual violation must stem from an omission of a public or private entity

• The violation should be shown to lead to environmental damage. 

Relief granted

• Issuance of the writ

• Temporary Environmental Protection Order

• Mandating restoration or rehabilitiation

• Monitoring and compliance

What is environmental tort

• A hybrid of tort law and environmental law.

  • Tort: a civil wrong that causes harm to another person and by which the law imposes liability.

• Civil action for damages that arise from environmental harm caused by another party’s action or negligence.

• Typically involves individual claims wherein a party seeks compensation for harm caused to their property, health, or livelihood due to environmental pollution or damage.

Environmental Tort what does it focus on

• May focus more on compensation for damages and restitution rather than stopping the activity or restoring the environment. 

what does Environmental Tort seek?

• Seeks to hold individuals accountable for causing harm.

how is Environmental Tort filed?

• Can be filed by individuals directly harmed in the environmental degradation.