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Writ of Kalikasan
Under Rule 7 Sec. 1 of A.M. No. 09-6-8-SC, The Writ of Kalikasan is a remedy
available to a natural or juridical person, 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
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.
Procedure:
1. The verified petition shall be filed with the Supreme Court or with Court
of Appeals.
2. No docket fees are required to be paid
3. Within three (3) days from the date of filing of the petition, the court shall
give an order:
a. issuing the writ; and
b. requiring the respondent to file a verified return
4. Within a non-extendible period of ten (10) days 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 of any environmental law, rule or regulation or commit any act
resulting to environmental damage of such magnitude as to prejudice the
life, health or property of inhabitants in two or more cities or provinces.
5. The court may call a preliminary conference to simplify the issues,
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.
8. 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.
a. The reliefs that may be granted under the writ are the following:
Directing respondent to permanently cease and desist from
committing acts or neglecting the performance of a duty in
violation of environmental laws resulting in environmental
destruction or damage;
Directing the respondent public official, government agency,
private person or entity to protect, preserve, rehabilitate or
restore the environment;
Directing the respondent public official, government agency,
private person or entity to monitor strict compliance with the
decision and orders of the court;
Directing the respondent public official, government agency, or
private person or entity to make periodic reports on the execution
of the final judgment; and
Such other reliefs which relate to the right of the people to a
balanced and healthful ecology or to the protection, preservation,
rehabilitation or restoration of the
environment, except the award of damages to individual
petitioners.
9. 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 Rule 45 of the Rules of Court. The appeal may raise questions
of fact.
Cases:
For a writ of kalikasan to issue, the following requisites must concur:
1. There is an actual or threatened violation of the constitutional right to a
balanced and healthful ecology;
2. The actual or threatened violation arises from an unlawful act or omission
of a public official or employee, or private individual or entity; and
3. The actual or threatened violation involves or will lead to an environmental
damage of such magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.34
It is well-settled that a party claiming the privilege for the issuance of a writ
of kalikasan has to show that a law, rule or regulation was violated or would be
violated. (Victoria Segovia v. The Climate Change Commission, G.R. No.
211010, March 7, 2017)
The parties to this case appealed from the decision of the appellate court
pursuant to Section 16, Rule7 of the Rules of Procedure for Environmental
Cases, viz:
Section 16. Appeal.- Within fifteen (15) days from the date of notice of the
adverse judgment or denialof motion for reconsideration, any party may appeal
to the Supreme Court under Rule45 of the Rules of Court. The appeal may raise
questions of fact. (Emphasis supplied)
It is worth noting that the Rules on the Writ of Kalikasan allow the parties
to raise, on appeal, questions of fact— and, thus, constitutes an exception to
Rule 45 of the Rules of Court— because ofthe extraordinary nature of the
circumstances surrounding the issuance of a writ of kalikasan. (Hon. Ramon
Jesus P. Paje, v. Hon. Teodoro A. Casiño, G.R. No. 207257, February 3,
2015)