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    Writ of Kalikasan: HR Law Summer Class

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    maximum jica
    The document defines and discusses the Writ of Kalikasan under Philippine law. It is a legal remedy that provides protection of one's constitutional right to a healthy environment. It can be filed by natural or juridical persons whose rights have been violated or threatened with violation by an unlawful environmental act or omission. The document outlines the bases, objectives, features, and procedures for filing a Writ of Kalikasan, including examples of cases where the Supreme Court has issued the writ. It also discusses the available forms of relief and remedies under the writ.

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    Writ of Kalikasan: HR Law Summer Class

    Uploaded by

    maximum jica
    775 views13 pages
    The document defines and discusses the Writ of Kalikasan under Philippine law. It is a legal remedy that provides protection of one's constitutional right to a healthy environment. It can be filed by natural or juridical persons whose rights have been violated or threatened with violation by an unlawful environmental act or omission. The document outlines the bases, objectives, features, and procedures for filing a Writ of Kalikasan, including examples of cases where the Supreme Court has issued the writ. It also discusses the available forms of relief and remedies under the writ.

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    Writ-Of-Kalikasan

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    The document defines and discusses the Writ of Kalikasan under Philippine law. It is a legal remedy that provides protection of one's constitutional right to a healthy environment. It can be filed by natural or juridical persons whose rights have been violated or threatened with violation by an unlawful environmental act or omission. The document outlines the bases, objectives, features, and procedures for filing a Writ of Kalikasan, including examples of cases where the Supreme Court has issued the writ. It also discusses the available forms of relief and remedies under the writ.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    775 views13 pages

    Writ of Kalikasan: HR Law Summer Class

    Uploaded by

    maximum jica
    The document defines and discusses the Writ of Kalikasan under Philippine law. It is a legal remedy that provides protection of one's constitutional right to a healthy environment. It can be filed by natural or juridical persons whose rights have been violated or threatened with violation by an unlawful environmental act or omission. The document outlines the bases, objectives, features, and procedures for filing a Writ of Kalikasan, including examples of cases where the Supreme Court has issued the writ. It also discusses the available forms of relief and remedies under the writ.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 13

    Writ Of Kalikasan

    HR Law Summer Class

    Atty. Irene Valones

    Bulaon, Alexandria C.
    Definition

    A Writ Of Kalikasan is a legal remedy under Philippine


    law that provides protection of one's Constitutional
    right to a healthy environment.

    The bases for issuing Writ Of Kalikasan?

    1987 Constitution
    o Article 2 Sec. 16
    o Article 2 Sec. 15
    Environmental Justice
    Inter-generational Responsibility (Oposa v. Factoran)
    - What are the main issues considered by the
    Supreme Court Committee which affects the
    prosecution of environmental cases?

    Objectives of Writ of Kalikasan?

    For protection and promotion of constitutional


    right;
    For simplified, speedy and inexpensive procedure;
    To introduce and adopt innovations; and
    To enable the courts to monitor and exact
    compliance.
    Some features of the Writ of Kalikasan?

    First of its kind in the WORLD.


    Special Civil Action
    Rule 7 of A.M. No. 09-6-8-SC: Rules of Procedure
    for Environmental Cases (Effective April 29, 2010)
    A remedial measure that may be granted by the
    courts upon the request of a person or a group whose
    constitutional right to a healthy environment is violated.
    What is the nature of a writ of kalikasan?

    It is an extraordinary remedy

    Instances wherein the SC issued Writ of Kalikasan.

    Taal Lake
    Zamboanga Peninsula
    Boac River in Marinduque
    Baguio City
    Manila Bay
    Batangas-to-Manila

    Who can file a petition for Writ of Kalikasan?

    Natural or juridical person;


    Those who are violated, or threatened with
    violation;
    By an unlawful act or omission;
    Involving environmental damage.

    - Why is there a need for accreditation of a group or


    organization?
    What are the contents of a petition for Writ of
    Kalikasan?

    Personal circumstances of the petitioner;


    Name and personal circumstances of the
    respondent, or if name is unknown or uncertain, an
    appellation for him;
    The environmental law violated;
    The act or omission complained of;
    The environmental damage of such magnitude as
    to prejudice the health, life or property of inhabitants
    in two or more cities or provinces;
    All relevant or material evidence;
    Certification of petitioner under oath that:
    He has not commenced any action involving the
    same issue;
    If there is a pending action, the present status
    thereof;
    If he should learn that the same claim has been
    filed or is pending, he should report such fact within
    5 days from knowledge thereof to the court;
    The reliefs prayed for.
    - Where is it filed?
    - Docket fee
    - How is the writ issued and served
    - What if the court officers refuse to issue or serve the
    writ?
    - When should the respondent file a verified return?

    What are the contents of the return?

    All defenses
    Affidavits of witnesses
    Documentary evidence
    Scientific or other expert studies
    Object evidence, if possible

    - What is the effect if respondent will not raise all his


    defenses in the return?
    - What is the effect of a general denial?

    What are the prohibited pleadings and motions?

    Motion to dismiss;
    Motion for extension of time to file return;
    Motion for postponement;
    Motion for a bill of particulars;
    Counterclaim or cross-claim;
    Third-party complaint;
    Reply; and
    Motion to declare respondent in defaul
    - What is the purpose of providing for prohibited pleadings
    and motions?
    - Is a motion for intervention prohibited?
    - What is the effect for failure to file a return?
    - What are the matters taken up in a preliminary
    conference?
    - What is the duration of the preliminary conference and
    hearing?
    - What is the nature of the hearing?

    What are the discovery measures available?


    “ocular inspection” and “production or inspection of
    documents or things.”

    - How can the discovery measures be availed of?


    - Who can avail of the discovery measures?

    What should be alleged in the motion for an “ocular


    inspection?”

    The motion must show that an ocular inspection 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.
    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 violation
    of environmental law.
    - What are the contents of the “ocular inspection order?”
    - What should be alleged in the motion for “production or
    inspection of documents or things?”
    - What are the contents of the “production or inspection order of
    documents or things?”
    - What are the limits on the issuance of the discovery measures?
    - Who may be punished for indirect contempt?
    - What are the contents of the order of the court submitting the
    case for decision?
    - What is the purpose of requiring the filing of memoranda in
    electronic form?
    - What is the procedure in rendering judgment?
    What are the reliefs that may be granted under the writ of
    kalikasan?

    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 to protect, preserve,
    rehabilitate or restore the environment;
    Directing the respondent to monitor strict compliance
    with the decision and orders of the court;
    Directing the respondent to make periodic reports on
    the execution of the final judgment; and
    Such other reliefs.

    - Are the reliefs available exclusive?


    - What is the remedy in case an adverse judgment was
    rendered?
    - Can a question of fact be raised on appeal?

    May a party institute separate actions?

    After hearing, Yes.


    CASE IN RELATION TO THE APPLICATION OF WRIT OF KALIKASAN

    Paje VS Casiño

    Facts:

    - SBMA
    - TCC expressed their intention to build a power plant in
    Subic Bay
    - SBMA Ecology Center issued SBFZ Environmental
    Compliance Certificate (ECC).
    - Sangguniang Panglalawigan of Zambales opposed the
    establishment of a power plant.
    - They filed a Petition for Writ of kalikasan against RP
    Energy.
    ARIGO vs. SWIFT

    FACTS:

    - The USS Guardian, the United States avenger class mine


    counter-measures ship, from its routine ship replenishment,
    maintenance, and crew liberty in Subic Bay damaged the
    Tubbataha reef on its way to Sulu Sea.
    - Petitioners Arigo et. al. filed a petition for issuance of Writ
    of Kalikasan claiming that the grounding, salvaging and
    post-salvaging operations of the USS Guardian caused and
    continue to cause environmental damage that affected
    several provinces, which violate their constitutional rights to
    a balanced and healthful ecology.
    - Petitioners argue that there is a waiver of immunity from
    suit found in the Visiting Forces Agreement (VFA). 
    WEST TOWER CONDOMINIUM CORP. vs. FIRST
    PHILIPPINE INDUSTRIAL CORP.

    Facts:

    - A petition for issuance of writ of kalikasan was filed


    by West Tower Condominium after First Philippine
    Industrial Corporation’s (FPIC) pipeline used to
    transport diesel, gasoline, jet fuel and kerosene, burst
    and seeped into the condominium’s basement.
    - West Tower Condominium argued that FPIC’s
    omission or failure to timely replace its pipelines and to
    observe extraordinary diligence caused the petroleum
    spill in the City of Makati; and the continued use of the
    now 4 to 7-year old pipeline would not only be a
    hazard or a threat to the lives, health, and property of
    those who live or sojourn in all the municipalities in
    which the pipeline is laid, but would also affect the
    rights of the generations yet unborn to live in a
    balanced and healthful ecology.
    - The Court's issued Writ of Kalikasan, accompanied
    by TEPO, for FPIC to cease operations on both (a) the
    White Oil Pipeline System (WOPL System), (b) the
    Black Oil Pipeline System (BOPL System)
    RULES OF PROCEDURE FOR
    ENVIRONMENTAL CASES
    A.M. NO. 09-6-8-SC: APRIL 13, 2010

    https://lawphil.net/judjuris/juri2015/feb2015/
    gr_207257_2015.html

    https://www.scribd.com/book/336511746

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