Change of

name

Correction or
cancellation
Clerical or
typographical
error 9048

RTC of plaintiffs
residence for 3
years
Manila: Juvenile
and Domestic
relations court
RTC with
jurisdiction over
place of registry
LCR where
record is,
LCR of
residence, or
Phil. consulate if
nonresident

Record on
appeal

Once a week for

3 weeks

Record on
appeal

Once a week for

3 weeks

Civil Registrar
General

Once a week for

2 weeks
(affidavit
published)

ENVIRONMENTAL CASES

What is the scope and applicability of the rule?

o Involves all civil, criminal, and special proceedings cases
pending before courts involving enforcement and violation of all
environmental and related laws
o Ex. Forestry code, Water code, Sanitation code, LLDA act,
Toxic substances and hazardous waste act, IPRA, Mining act,
Fisheries code, Clean Air act, Chainsaw act, etc.

Civil Procedure

What is the rule on TROs?

o Except for the SC, no court can issue a TRO or preliminary
injunction against lawful acts of government agencies
enforcing environmental laws
What happens in pre-trial?
o The parties are under oath in all PTCs.
o The judge must exert best effort to arrive at a settlement of the
dispute.
o What is a consent decree?

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It approves the agreement made by the parties in

accordance with law, morals, public order, and public
policy to protect right to balanced and healthful
ecology
What are the prohibited pleadings and motions?
o 1. Motion to dismiss complaint
o 2. Motion for bill of particulars
o 3. Motion for extension of time to file pleadings

Except to file an answer, where at most 15 days can

be given
o 4. Motion to declare defendant in default
o 5. Reply and rejoinder
o 6. Third party complaint
What is a Temporary Environmental Protection Order (TEPO)?
o It is issued when the matter is of extreme urgency and
applicant will suffer from grave injustice or irreparable injury
o Who may issue it?

Executive judge of multi-sala court or presiding judge

of a single-sala court
o How is it issued?

Ex-parte
o How long is it effective?

72 hours from date of receipt, unless there is

summary hearing within the period to determine
whether the TEPO should be extended until the end
of the case
o When can a TEPO be dissolved?

If it appears after the hearing that its issuance or

continuance would cause irreparable damage to the
party enjoined, and the applicant can be
compensated adequately

How is the applicant compensated?

The enjoined party has to file a bond

What reliefs can the court grant in a citizen suit?
o 1. Proper reliefs including protection, preservation, or
rehabilitation of the environment
o 2. Payment of attorneys fees, costs of suit, litigation expenses
o 3. Require violator to submit program for rehab or restoration
of the environment


Costs borne by the violator
4. Require violator to contribute to a special trust fund for that
purpose
What is a PEPO and writ of continuing mandamus?
o It is a permanent Environmental Protection order. The court
can convert a TEPO into a PEPO.
o The court can also issue a writ of continuing mandamus which
requires performance of certain acts effective until judgment is
fully satisfied
o How can the court monitor this?

Can require continuing reports to be filed

What is a SLAPP?
o It is a Strategic Lawsuit Against Public Participation a legal
action filed to vex, harass, exert undue pressure, or stifle any
legal recourse that a person, institution, or the government has
taken or is taking to enforce environmental laws
o What is the relevance of this?

When a suit is filed against the aforementioned

persons, they can launch the defense that the suit is a
SLAPP and the court will have the plaintiff prove that
its not

5 days for plaintiff to respond, and summary hearing

within 15 days from comment or expiration of the 5
day period

Special proceedings

What is a Writ of Kalikasan?

o Remedy available to natural/juridical person or entity
authorized by law, PO, NGO, or registered public interest
group, on behalf of persons whose right to a balanced and
healthful ecology has been violated or threatened with violation
involving environmental damage of such magnitude as to
prejudice life, health, or property of inhabitants in two or more
cities or provinces
o Contents of the petition?

1. Name and personal circumstances of petitioner

2. Name and personal circumstances of respondent,

or his assumed appellation

3. A) Environmental law, rule, or regulation violated or

threatened to be violated, and B) the act or omission
complained of, and C) the environmental damage of
such magnitude as to affect life, property, or health of
inhabitants in two or more cities or provinces

4. Evidence to be presented

5. CNFS

6. Reliefs prayed for

o Where filed?

CA or SC
o What are the prohibited pleadings and motions?

1. MTD

2. Motion for extension of time to file a return

3. Motion for postponements

4. Motion for BOP

5. Counterclaim or cross-claim

6. Third-party complaint

7. Reply

8. Motion to declare respondent in default

o What are the discovery measures that a party may file in a
verified motion?

1. Ocular inspection

2. Production or inspection of documents and things

What are these for?

To establish magnitude of the violation or

threat
What is a writ of continuing mandamus?
o See above this can also be a relief under special
proceedings to enjoin a government agency or instrumentality
to perform in connection with a law preserving or protecting the
environment

Criminal procedure

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Who may file?

o Any offended party, peace officer, or public officer charged with
enforcement of environmental law
Rule on institution of criminal and civil actions?

Same rule as usual; civil is deemed filed along with the criminal
unless waived, reserved, or filed ahead
When can there be arrest without warrant?
o 1. In flagrante delicto
o 2. Offense has just been committed and he has probable
cause to believe based on personal knowledge that the person
arrested just committed it

Does the presumption of regularity apply here?

Yes, for individuals deputized by government

to enforce environmental laws
What is the procedure for custody and disposition of seized items?
o In accordance with laws or rules by the government agency
concerned. If none, follow the default rules:
o 1. Inventory and photograph where seized
o 2. Submit to court within 5 days of issuance of search warrant
or from seizure if warrantless arrest
o 3. Auction sale of seized items upon motion of any interested
party

Notice to accused, person from whom items were

seized, owner thereof, government agency concerned

Posted in three conspicuous public places in the city

or municipality where seized

Proceeds held in trust and deposited with authorized

government bank until disposition
What is the rule on bail?
o 1. Bail filed where case is pending
o 2. If the judge is unavailable, with any RTC or MTC judge in
the province, city, or municipality
o 3. If arrested in any city, province, or municipality other than
where the case is filed can file bail with any RTC of said
place, or if none, with any MTC judge
What happens in arraignment?
o It is set within15 days from acquisition of jurisdiction over the
accused, with notice to the public prosecutor and offended
party, or government agency that it will enter into pleabargaining on the date of arraignment
o What happens when the prosecution and offended party
agree to the plea bargain of the accused?

1. Court issues order containing the plea-bargain

2. It then receives evidence on the civil aspect of the

case, if any

3. It renders and promulgates judgment of conviction,

including civil liability for damages
What happens in pre-trial?
o 1. Set within 30 days from arraignment

May refer to branch COC for preliminary conference

at least 3 days before pre-trial
o 2. During pre-trial, judge:

Places parties under oath

Adopts minutes of preliminary conference and

confirms markings of exhibits, admission of
documents, etc.

Scrutinizes the information and statements in

affidavits to determine:

Courts territorial jurisdiction as re offenses

Qualification of expert witnesses

Amount of damages

Defines factual and legal issues

Asks parties to agree to specific trial dates

Requires parties to submit to the COC the witnesses

to be subpoenaed

Considers modification of trial order if there is a lawful

defense interposed
o What is the rule on questions?

All questions and statements must be directed to

court
o What is the rule on admissions and agreements, to bind
accused?

Must be signed by accused and counsel

o When is the PTO issued?

Within 10 days from termination of pre-trial

What is the rule on subsidiary liability?
o When the accused is convicted and subsidiary liability is
allowed by law, the court may, upon motion of person entitled
to recover, enforce subsidiary liability against a person or
corporation subsidiarily liable under the RPC

Evidence

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What is the precautionary principle?

o When there is lack of full scientific certainty in establishing a
causal link between human acts and environmental damage,
the burden of proof that it is not harmful falls on those taking
the purportedly harmful action or policy
o What is given the benefit of doubt?

Constitutional right of people to a balanced and

healthful ecology
o What are considered in applying the precautionary
principle?

1. Threats to human life or health

2. Inequity to present or future generations

3. Prejudice to the environment without legal

consideration of the environmental rights of those
affected
What is the rule on documentary evidence?
o 1. Photographic, video, or similar evidence of events, acts,
transactions of wildlife, by-products, or derivatives, forest
products or mineral resources subject of a case are admissible
if authenticated by the person who took the photo, a person
present during its taking, or some other person competent to
authenticate it
o 2. Entries in official records in the performance of duty of a
public officer are prima facie evidence of the facts stated
therein

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