A .M. No.

09-6-8-SC

RULES OF PROCEDURE FOR

ENVIRONMENTAL CASES
EFFECTIVE APRIL 29, 2010
Article VIII Section 5 Par. 5 1987 Philippine Constitution

Promulgate rules concerning the protection and

enforcement of constitutional rights, pleading, practice, and
procedure in all courts, xxx

Legal Basis
PART I
GENERAL PROVISIONS
RULE 1
These Rules shall govern the procedure in civil,
criminal and special civil actions before the
Regional Trial Courts, Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts
involving enforcement or violations of
environmental and other related laws, rules and
regulations such as but not limited to the
following:

Sec. 2. Scope
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and
Molave Trees;
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
(e) P.D. No. 1067, Water Code;
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental Impact Statement
System Including Other Environmental Management Related Measures
and for Other Purposes;
(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or
Injuring of Planted or Growing Trees, 8 Flowering Plants and Shrubs or
Plants of Scenic Value along Public Roads, in Plazas, Parks, School
Premises or in any Other Public Ground;

Sec. 2. Scope
(j) R.A. No. 4850, Laguna Lake Development Authority Act;
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
(l) R.A. No. 7076, People’s Small-Scale Mining Act;
(m) R.A. No. 7586, National Integrated Protected Areas System Act
including all laws, decrees, orders, proclamations and issuances
establishing protected areas;
(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;
(o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(q) R.A. No. 8550, Philippine Fisheries Code;
(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste Management Act;
(t) R.A. No. 9072, National Caves and Cave Resource Management;
(u) R.A. No. 9147, Wildlife Conservation and Protection Act;
(v) R.A. No. 9175, Chainsaw Act;
(w) R.A. No. 9275, Clean Water Act;

Sec. 2. Scope
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and

(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657,
Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local Government
Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the Revised Forestry
Code and Other Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed
Industry Development Act of 1992; R.A. No. 7900, High-Value Crops
Development Act; R.A. No. 8048, Coconut Preservation Act; R.A.No. 8435,
Agriculture and Fisheries Modernization Act of 1997; R.A. No. 9522, The
Philippine Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act of
2008; R.A. No. 9637, Philippine Biofuels Act; and other existing laws that relate
to the conservation, development, preservation, protection and utilization of the
environment and natural resources.

Sec. 2. Scope
(a) To protect and advance the constitutional right of the
people to a balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive
procedure for the enforcement of environmental rights
and duties recognized under the Constitution, existing
laws, rules and regulations, and international
agreements;
(c) To introduce and adopt innovations and best practices
ensuring the effective enforcement of remedies and
redress for violation of environmental laws; and
(d) To enable the courts to monitor and exact compliance
with orders and judgments in environmental cases.

Sec. 3. Objectives—
• Subparagraph (d) gives emphasis to the means by
which the courts carry their jurisdiction to effect.
It pertains to the adoption of the writs of
kalikasan and continuing mandamus, as well as
the issuance of an Environmental Protection
Order (EPO) and Temporary Environmental
Protection Order (TEPO) to ensure the
enforcement of court orders and judgments in
environmental cases.
(a)By-product or derivatives means any part taken or substance
extracted from wildlife, in raw or in processed form including
stuffed animals and herbarium specimens.

(b)Consent decree refers to a judicially-approved settlement

between concerned parties based on public interest and public policy
to protect and preserve the environment.

(c)Continuing mandamus is a writ issued by a court in an

environmental case directing any agency or instrumentality of the
government or officer thereof to perform an act or series of acts
decreed by final judgment which shall remain effective until
judgment is fully satisfied.

SEC. 4. Definition of Terms.—

• MMDA v. CONCERNED RESIDENTS OF MANILA
BAY G.R. Nos. 171947-48   February 15, 2011
• With the final and executory judgment in MMDA, the
writ of continuing mandamus issued in MMDA means
that until petitioner-agencies have shown full compliance
with the Court’s orders, the Court exercises continuing
jurisdiction over them until full execution of the
judgment.
• According to the IB, a rehabilitation
program must demonstrate a grasp of
land-sea connectivity as well as
possible immediate, short-term, and
long-term impacts at species,
ecosystem, and seascape scales.
• “The recent effort of dumping dolomite sand
on a reclaimed part of Manila Bay is not the
best way to be spending government money;
a critical resource during the pandemic that
could have been put to better use by
spending for the needs of medical frontliners
and the millions of our hungry fellow
Filipinos,” 
• “Any habitat reduction or loss will reduce
opportunities for migratory birds to feed
and refuel on their migration journey. The
dumping of dolomite in Manila Bay has
effectively covered part of the intertidal
area used by the birds thereby reducing
their habitat,” 
• “Having ecologically healthy
mangroves will also help lessen
heavy metal contamination, a
condition that beset Manila Bay
for a long time,” 

UP INSTITUTE OF BIOLOGY
(d) Environmental protection order (EPO) refers to 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.
(e) Mineral refers to all naturally occurring inorganic
substance in solid, gas, liquid, or any intermediate state
excluding energy materials such as coal, petroleum, natural
gas, radioactive materials and geothermal energy.

SEC. 4. Definition of
Terms.—
f) Precautionary principle states that
when human activities may lead to
threats of serious and irreversible
damage to the environment that is
scientifically plausible but uncertain,
actions shall be taken to avoid or
diminish that threat.
SEC. 4. Definition of
Terms.—
RELAXATION ON
THE QUANTUM
OF EVIDENCE
• The lack of unanimity and
the differing opinions of
scientists coupled with the
need to act swiftly on
environmental matters.
• (g) Strategic lawsuit against public participation
(SLAPP) refers to an action whether civil, criminal or
administrative, brought against any person, institution
or any government agency or local government unit or
its officials and employees, with the intent to harass,
vex, exert undue pressure or stifle any legal recourse
that such person, institution or government agency
has taken or may take in the enforcement of
environmental laws, protection of the environment or
assertion of environmental rights.
• (h) Wildlife means wild forms and varieties of flora and
fauna, in all developmental stages including those which
are in captivity or are being bred or propagated.

Rule I. SEC. 4. Definition of

Terms.—
PART II
CIVIL PROCEDURE
RULE 2: PLEADINGS AND PARTIES
The pleadings and motions that may be filed are
complaint, answer which may include compulsory
counterclaim and cross-claim, motion for intervention,
motion for discovery and motion for reconsideration of
the judgment.

Motion for postponement, motion for new trial and

petition for relief from judgment shall be allowed in
highly meritorious cases or to prevent a manifest
miscarriage of justice.

SECTION 1. Pleadings and

motions allowed.—
• (a) Motion to dismiss the complaint;

• (b) Motion for a bill of particulars;

• (c) Motion for extension of time to file pleadings, except to file

answer, the extension not to exceed fifteen (15) days;

• (d) Motion to declare the defendant in default;

• (e) Reply and rejoinder; and

• (f) Third party complaint.

SEC. 2. Prohibited
pleadings or motions. —
The verified complaint shall contain the names of the parties, their
addresses, the cause of action and the reliefs prayed for.

The plaintiff shall attach to the verified complaint all evidence

proving or supporting the cause of action consisting of the
affidavits of witnesses, documentary evidence and if possible,
object evidence.

The affidavits shall be in question and answer form and shall

comply with the rules of admissibility of evidence. The complaint
shall state that it is an environmental case and the law involved. The
complaint shall also include a certification against forum shopping.
If the complaint is not an environmental complaint, the presiding
judge shall refer it to the executive judge for re-raffle.

SEC. 3. Verified complaint.—

Any real party in interest, including the government and
juridical entities authorized by law, may file a civil action
involving the enforcement or violation of any
environmental law.

SEC. 4. Who may file

• Any Filipino citizen in representation of others, including
minors or generations yet unborn, may file an action to enforce
rights or obligations under environmental laws.

• Upon the filing of a citizen suit, the court shall issue an order
which shall contain a brief description of the cause of action
and the reliefs prayed for, requiring all interested parties to
manifest their interest to intervene in the case within fifteen
(15) days from notice thereof. The plaintiff may publish the
order once in a newspaper of a general circulation in the
Philippines or furnish all affected barangays copies of said
order.

• Citizen suits filed under R.A. No. 8749 and R.A. No. 9003
shall be governed by their respective provisions.

SEC. 5. Citizen suit.—

• RESIDENT MARINE MAMMALS OF THE
PROTECTED SEASCAPE TAÑON STRAIT, e.g.,
TOOTHED WHALES, DOLPHINS, PORPOISES,
AND OTHER CETACEAN SPECIES, Joined in and
Represented herein by Human Beings Gloria Estenzo
Ramos and Rose-Liza Eisma-Osorio, In Their
Capacity as Legal Guardians of the Lesser Life-Forms
and as Responsible Stewards of God's Creatons v.
Reyes GR No. 180771 April 21, 2015
•  A ship has a legal personality, a fiction found
useful for maritime purposes. The corporation
sole - a creature of ecclesiastical law - is an
acceptable adversary and large fortunes ride on
its cases. The ordinary corporation is a "person"
for purposes of the adjudicatory processes,
whether it represents proprietary, spiritual,
aesthetic, or charitable causes.
• So it should be as respects valleys, alpine meadows,
rivers, lakes, estuaries, beaches, ridges, groves of trees,
swampland, or even air that feels the destructive
pressures of modem technology and modem life. The
river, for example, is the living symbol of all the life it
sustains or nourishes-fish, aquatic insects, water ouzels,
otter, fisher, deer, elk, bear, and all other animals,
including man, who are dependent on it or who enjoy it
for its sight, its sound, or its life. The river as plaintiff
speaks for the ecological unit of life that is part of it.
• Those people who have a meaningful relation to that
body of water-whether it be a fisherman, a canoeist, a
zoologist, or a logger-must be able to speak for the values
which the river represents and which are threatened with
destruction.
• However, in our jurisdiction, locus standi in
environmental cases has been given a more liberalized
approach. While developments in Philippine legal theory
and jurisprudence have not progressed as far as Justice
Douglas's paradigm of legal standing for inanimate
objects, the current trend moves towards simplification of
procedures and facilitating court access in environmental
cases.
• Upon the filing of the complaint, the plaintiff is
required to furnish the government or the appropriate
agency, although not a party, a copy of the complaint.
Proof of service upon the government or the
appropriate agency shall be attached to the complaint.

SEC. 6. Service of the complaint on

the government or its agencies.—
•OSG and DENR
• If there is only one (1) designated branch in a
multiple-sala court, the executive judge shall
immediately refer the case to said branch. If there are
two (2) or more designated branches, the executive
judge shall conduct a special raffle on the day the
complaint is filed.

SEC. 7. Assignment by raffle.—

• If it appears from the verified complaint with a prayer for the
issuance of an Environmental Protection Order (EPO) that
the matter is of extreme urgency and the applicant will suffer
grave injustice and irreparable injury, the executive judge of
the multiplesala court before raffle or the presiding judge of a
single-sala court as the case may be, may issue ex parte a
TEPO effective for only seventy-two (72) hours from date of
the receipt of the TEPO by the party or person enjoined.
Within said period, the court where the case is assigned, shall
conduct a summary hearing to determine whether the TEPO
may be extended until the termination of the case.

SEC. 8. Issuance of Temporary

Environmental Protection Order
(TEPO).—
• The court where the case is assigned, shall
periodically monitor the existence of acts that are the
subject matter of the TEPO even if issued by the
executive judge, and may lift the same at any time as
circumstances may warrant.

• The applicant shall be exempted from the posting of a

bond for the issuance of a TEPO.

SEC. 8. Issuance of Temporary

Environmental Protection Order (TEPO).—
• The grounds for motion to dissolve a TEPO shall be
supported by affidavits of the party or person
enjoined which the applicant may oppose, also by
affidavits.
• The TEPO may be dissolved if it appears after hearing
that its issuance or continuance would cause
irreparable damage to the party or person enjoined
while the applicant may be fully compensated for such
damages as he may suffer and subject to the posting of
a sufficient bond by the party or person enjoined.

SEC. 9. Action on motion

for dissolution of TEPO.—
• May a court issue a TRO to stop a
lawful government action to
protect or preserve the
Environment?
 • Except the Supreme Court, no court
can issue a TRO or writ of
preliminary injunction against
lawful actions of government
agencies that enforce environmental
laws or prevent violations thereof.

SEC. 10. Prohibition against temporary restraining

order (TRO) and preliminary injunction.—
 • The judge shall report any action
taken on a TEPO, EPO, TRO or a
preliminary injunction, including it
modification and dissolution, to the
Supreme Court, through the Office
of the Court Administrator, within
ten (10) days from the action taken.

SEC. 11. Report on TEPO, EPO, TRO or preliminary

injunction.—
• The payment of filing and other legal fees by the
plaintiff shall be deferred until after judgment unless
the plaintiff is allowed to litigate as an indigent. It shall
constitute a first lien on the judgment award.

• For a citizen suit, the court shall defer the payment of

filing and other legal fees that shall serve as first lien
on the judgment award.

SEC. 12. Payment of filing

and other legal fees.—
• The summons, orders and other court processes may
be served by the sheriff, his deputy or other proper
court officer or for justifiable reasons, by the counsel
or representative of the plaintiff or any suitable
person authorized or deputized by the court issuing
the summons.

SEC. 13. Service of summons, orders and

other court processes.—
Any private person who is authorized or deputized by the
court to serve summons, orders and other court processes
shall for that purpose be considered an officer of the court.
The summons shall be served on the defendant, together with
a copy of an order informing all parties that they have fifteen
(15) days from the filing of an answer, within which to avail of
interrogatories to parties under Rule 25 of the Rules of Court
and request for admission by adverse party under Rule 26, or
at their discretion, make use of depositions under Rule 23 or
other measures under Rules 27 and 28.
Should personal and substituted service fail, summons by
publication shall be allowed. In the case of juridical entities,
summons by publication shall be done by indicating the
names of the officers or their duly authorized
representatives.
Within fifteen (15) days from receipt of summons, the defendant
shall file a verified answer to the complaint and serve a copy thereof
on the plaintiff. The defendant shall attach affidavits of witnesses,
reports, studies of experts and all evidence in support of the
defense.
Affirmative and special defenses not pleaded shall be deemed
waived, except lack of jurisdiction.

Cross-claims and compulsory counterclaims not asserted shall be

considered barred. The answer to counterclaims or cross-claims
shall be filed and served within ten (10) days from service of the
answer in which they are pleaded.

SEC. 14. Verified answer.—

• Should the defendant fail to answer the complaint
within the period provided, the court shall declare
defendant in default and upon motion of the plaintiff,
shall receive evidence ex parte and render judgment
based thereon and the reliefs prayed for.

SEC. 15. Effect of failure to

answer.—
PART II
RULE 3
PRE-TRIAL
• Within two (2) days from the filing of the answer to
the counterclaim or cross-claim, if any, the branch
clerk of court shall issue a notice of the pre-trial to be
held not later than one (1) month from the filing of the
last pleading.
• The court shall schedule the pre-trial and set as many
pre-trial conferences as may be necessary within a
period of two (2) months counted from the date of the
first pre-trial conference.

SECTION 1. Notice of pre-trial.—

• At least three (3) days before the pretrial, the parties
shall submit pre-trial briefs containing the following:

(a) A statement of their willingness to enter into an

amicable settlement indicating the desired terms
thereof or to submit the case to any of the alternative
modes of dispute resolution;

SEC. 2. Pre-trial brief.—

(b) A summary of admitted facts and proposed
stipulation of facts;

(c) The legal and factual issues to be tried or resolved.

For each factual issue, the parties shall state all evidence
to support their positions thereon. For each legal issue,
parties shall state the applicable law and jurisprudence
supporting their respective positions thereon;

(d) The documents or exhibits to be presented,

including depositions, answers to interrogatories and
answers to written request for admission by adverse
party, stating the purpose thereof;
(f) The number and names of the witnesses and the
substance of their affidavits;

(g) Clarificatory questions from the parties; and

(h) List of cases arising out of the same facts pending

before other courts or administrative agencies.

Failure to comply with the required contents of a pre-

trial brief may be a ground for contempt.

Failure to file the pre-trial brief shall have the same

effect as failure to appear at the pre-trial.
At the start of the pre-trial conference, the court shall inquire
from the parties if they have settled the dispute; otherwise, the
court shall immediately refer the parties or their counsel, if
authorized by their clients, to the Philippine Mediation Center
(PMC) unit for purposes of mediation. If not available, the court
shall refer the case to the clerk of court or legal researcher for
mediation.

Mediation must be conducted within a non-extendible period

of thirty (30) days from receipt of notice of referral to
mediation.

The mediation report must be submitted within ten (10) days

from the expiration of the 30-day period.

SEC. 3. Referral to mediation.—

If mediation fails, the court will schedule the
continuance of the pre-trial. Before the scheduled date
of continuance, the court may refer the case to the
branch clerk of court for a preliminary conference for
the following purposes:

(a) To assist the parties in reaching a settlement;

(b) To mark the documents or exhibits to be presented

by the parties and copies thereof to be attached to the
records after comparison with the originals;

SEC. 4. Preliminary conference.—

(c) To ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of the
documents marked as exhibits;

(d) To require the parties to submit the depositions taken

under Rule 23 of the Rules of Court, the answers to written
interrogatories under Rule 25, and the answers to request
for admissions by the adverse party under Rule 26;

(e) To require the production of documents or things

requested by a party under Rule 27 and the results of the
physical and mental examination of persons under Rule 28;

(f) To consider such other matters as may aid in its prompt

disposition;
(g) To record the proceedings in the “Minutes of
Preliminary Conference” to be signed by both parties or
their counsels;

(h) To mark the affidavits of witnesses which shall be in

question and answer form and shall constitute the direct
examination of the witnesses; and

(i) To attach the minutes together with the marked exhibits

before the pre-trial proper. The parties or their counsel must
submit to the branch clerk of court the names, addresses
and contact numbers of the affiants.
The parties or their counsel must submit to the branch
clerk of court the names, addresses and contact numbers
of the affiants.

During the preliminary conference, the branch clerk of

court shall also require the parties to submit the
depositions taken under Rule 23 of the Rules of Court, the
answers to written interrogatories under Rule 25 and the
answers to request for admissions by the adverse party
under Rule 26. The branch clerk of court may also require
the production of documents or things requested by a
party under Rule 27 and the results of the physical and
mental examination of persons under Rule 28.
 The judge shall put the parties and their counsels under oath,
and they shall remain under oath in all pre-trial conferences.

The judge shall exert best efforts to persuade the parties to

arrive at a settlement of the dispute. The judge may issue a
consent decree approving the agreement between the parties
in accordance with law, morals, public order and public policy
to protect the right of the people to a balanced and healthful
ecology.

Evidence not presented during the pre-trial, except newly

discovered evidence, shall be deemed waived.

SEC. 5. Pre-trial conference;

consent decree.—
If there is no full settlement, the judge shall:

(a) Adopt the minutes of the preliminary conference as part

of the pre-trial proceedings and confirm the markings of
exhibits or substituted photocopies and admissions on the
genuineness and due execution of documents;

(b) Determine if there are cases arising out of the same facts
pending before other courts and order its consolidation if
warranted;

SEC. 6. Failure to settle.—

(c) Determine if the pleadings are in order and if not,
order the amendments if necessary;
(d) Determine if interlocutory issues are involved and
resolve the same;
(e) Consider the adding or dropping of parties;
(f) Scrutinize every single allegation of the complaint,
answer and other pleadings and attachments thereto,
and the contents of documents and all other evidence
identified and pre-marked during pre-trial in
determining further admissions;
(g) Obtain admissions based on the affidavits of
witnesses and evidence attached to the pleadings or
submitted during pre-trial;
h) Define and simplify the factual and legal issues arising from the
pleadings and evidence. Uncontroverted issues and frivolous claims
or defenses should be eliminated;

(i) Discuss the propriety of rendering a summary judgment or a

judgment based on the pleadings, evidence and admissions made
during pre-trial;

(j) Observe the Most Important Witness Rule in limiting the number
of witnesses, determining the facts to be proved by each witness and
fixing the approximate number of hours per witness;

(k) Encourage referral of the case to a trial by commissioner under

Rule 32 of the Rules of Court or to a mediator or arbitrator under any
of the alternative modes of dispute resolution governed by the Special
Rules of Court on Alternative Dispute Resolution;
(l) Determine the necessity of engaging the services of a
qualified expert as a friend of the court (amicus curiae);
And

(m) Ask parties to agree on the specific trial dates for

continuous trial, comply with the one-day examination of
witness rule, adhere to the case flow chart determined by the
court which shall contain the different stages of the
proceedings up to the promulgation of the decision and use
the time frame for each stage in setting the trial dates.
The court shall not dismiss the complaint, except upon
repeated and unjustified failure of the plaintiff to appear.
The dismissal shall be without prejudice, and the court
may proceed with the counterclaim.

If the defendant fails to appear at the pre-trial, the court

shall receive evidence ex parte.

SEC. 7. Effect of failure to

appear at pre-trial.—
 The minutes of each pre-trial conference shall
contain matters taken up therein, more
particularly admissions of facts and exhibits,
and shall be signed by the parties and their
counsel.

SEC. 8. Minutes of pre-trial.—

Within ten (10) days after the termination of the pre-
trial, the court shall issue a pre-trial order setting forth
the actions taken during the pre-trial conference, the
facts stipulated, the admissions made, the evidence
marked, the number of witnesses to be presented and
the schedule of trial. Said order shall bind the parties,
limit the trial to matters not disposed of and control the
course of action during the trial.

SEC. 9. Pre-trial order.—

The court shall endeavour to make the parties
agree to compromise or settle in accordance
with law at any stage of the proceedings before
rendition of judgment.

SEC. 10. Efforts to settle.—

RULE 4
TRIAL
The judge shall conduct continuous trial which shall not
exceed two (2) months from the date of the issuance of
the pre-trial order.

Before the expiration of the two-month period, the judge

may ask the Supreme Court for the extension of the trial
period for justifiable cause.

SECTION 1. Continuous trial.—

In lieu of direct examination, affidavits marked during
the pre-trial shall be presented as direct examination of
affiants subject to crossexamination by the adverse
party.

SEC. 2. Affidavits in lieu of

direct examination.—
The court shall strictly adhere to the rule that a witness
has to be fully examined in one (1) day, subject to the
court’s discretion of extending the examination for
justifiable reason. After the presentation of the last
witness, only oral offer of evidence shall be allowed, and
the opposing party shall immediately interpose his
objections. The judge shall forthwith rule on the offer of
evidence in open court.

SEC. 3. One-day examination of

witness rule.—
After the last party has rested its case, the court shall
issue an order submitting the case for decision.

The court may require the parties to submit their

respective memoranda, if possible in electronic form,
within a non-extendible period of thirty (30) days from
the date the case is submitted for decision.

The court shall have a period of sixty (60) days to decide

the case from the date the case is submitted for decision.

SEC. 4. Submission of case for

decision; filing of memoranda.—
 The court shall have a period of one (1) year from the
filing of the complaint to try and decide the case. Before
the expiration of the one-year period, the court may
petition the Supreme Court for the extension of the
period for justifiable cause.

The court shall prioritize the adjudication of

environmental
cases.

SEC. 5. Period to try and decide.—

RULE 5
JUDGMENT AND EXECUTION
If warranted, the court may grant to the plaintiff proper
reliefs which shall include the protection, preservation or
rehabilitation of the environment and the payment of
attorney’s fees, costs of suit and other litigation expenses.
It may also require the violator to submit a program of
rehabilitation or restoration of the environment, the costs
of which shall be borne by the violator, or to contribute to
a special trust fund for that purpose subject to the control
of the court.

SECTION 1. Reliefs in a
citizen suit.
NO DAMAGES MAY BE AWARDED IN CITIZEN
SUIT
Any judgment directing the performance of acts for
the protection, preservation or rehabilitation of the
environment shall be executory pending appeal
unless restrained by the appellate court.

SEC. 2. Judgment not stayed

by appeal.—
In the judgment, the court may convert the TEPO to a
permanent EPO or issue a writ of continuing mandamus
directing the performance of acts which shall be effective
until the judgment is fully satisfied.

The court may, by itself or through the appropriate

government agency, monitor the execution of the judgment
and require the party concerned to submit written reports on
a quarterly basis or sooner as may be necessary, detailing the
progress of the execution and satisfaction of the judgment.
The other party may, at its option, submit its comments or
observations on the execution of the judgment.

SEC. 3. Permanent EPO; writ of

continuing mandamus.—
• MMDA V. CONCERNED RESIDENTS OF MANILA
BAY G.R. Nos. 171947-48             December 18, 2008

Doctrine of Continuing
Mandamus
• But amidst hard evidence and clear signs of a climate
crisis that need bold action, the voice of cynicism,
naysayers, and procrastinators can still be heard.
• At the core of the case is the Manila Bay, a place with a
proud historic past, once brimming with marine life and,
for so many decades in the past, a spot for different
contact recreation activities, but now a dirty and slowly
dying expanse mainly because of the abject official
indifference of people and institutions that could have
otherwise made a difference.
• While the implementation of the MMDA’s mandated
tasks may entail a decision-making process, the
enforcement of the law or the very act of doing what the
law exacts to be done is ministerial in nature and may be
compelled by mandamus.

Although it entails a Decision Making

Process, it is still ministerial in nature.
• The MMDA’s duty in the area of solid waste disposal, as may be
noted, is set forth not only in the Environment Code (PD 1152)
and RA 9003, but in its charter as well. This duty of putting up a
proper waste disposal system cannot be characterized as
discretionary, for, as earlier stated, discretion presupposes the
power or right given by law to public functionaries to act officially
according to their judgment or conscience.13 A discretionary duty
is one that "allows a person to exercise judgment and choose to
perform or not to perform."14 Any suggestion that the MMDA has
the option whether or not to perform its solid waste disposal-
related duties ought to be dismissed for want of legal basis.
• SEC. 16. Cleanup Operations.––Notwithstanding the provisions of Sections
15 and 26 hereof, any person who causes pollution in or pollutes water bodies
in excess of the applicable and prevailing standards shall be responsible to
contain, remove and clean up any pollution incident at his own expense to the
extent that the same water bodies have been rendered unfit for utilization and
beneficial use: Provided, That in the event emergency cleanup operations are
necessary and the polluter fails to immediately undertake the same, the
[DENR] in coordination with other government agencies concerned, shall
undertake containment, removal and cleanup operations. Expenses incurred in
said operations shall be reimbursed by the persons found to have caused such
pollution under proper administrative determination x x x. Reimbursements of
the cost incurred shall be made to the Water Quality Management Fund or to
such other funds where said disbursements were sourced.

Sec. 16 of RA 9275
• merely direct the government agencies concerned to undertake
containment, removal, and cleaning operations of a specific
polluted portion or portions of the body of water concerned. They
maintain that the application of said Sec. 20 is limited only to
"water pollution incidents," which are situations that presuppose
the occurrence of specific, isolated pollution events requiring the
corresponding containment, removal, and cleaning operations.
Pushing the point further, they argue that the aforequoted Sec.
62(g) requires "cleanup operations" to restore the body of water to
pre-spill condition, which means that there must have been a
specific incident of either intentional or accidental spillage of oil or
other hazardous substances, as mentioned in Sec. 62(h).

specific, isolated
pollution events
• Respondents are correct. For one thing, said Sec. 17 does not in any
way state that the government agencies concerned ought to confine
themselves to the containment, removal, and cleaning operations
when a specific pollution incident occurs. On the contrary, Sec. 17
requires them to act even in the absence of a specific pollution
incident, as long as water quality "has deteriorated to a degree
where its state will adversely affect its best usage." This section, to
stress, commands concerned government agencies, when
appropriate, "to take such measures as may be necessary to meet
the prescribed water quality standards." In fine, the underlying duty
to upgrade the quality of water is not conditional on the occurrence
of any pollution incident.
The court may motu proprio, or upon motion of the
prevailing party, order that the enforcement of the judgment
or order be referred to a commissioner to be appointed by
the court. The commissioner shall file with the court written
progress reports on a quarterly basis or more frequently
when necessary.

SEC. 4. Monitoring of compliance with judgment and or

of the court by a commissioner.—
RULE 6
STRATEGIC LAWSUIT AGAINST
PUBLIC PARTICIPATION
 A legal action filed to harass, vex, exert undue pressure
or stifle any legal recourse that any person, institution
or the government has taken or may take in the
enforcement of environmental laws, protection of the
environment or assertion of environmental rights shall
be treated as a SLAPP and shall be governed by these
Rules.

SECTION 1. Strategic lawsuit against

public participation(SLAPP).—
• The concept of SLAPP is
inapplicable to cases of
domestic violence against
women and children under
R.A. No. 9262

MA. SUGAR M. MERCADO AND SPOUSES REYNALDO

AND YOLANDA MERCADO, Petitioners, v. HON.JOEL
SOCRATES S. LOPENA G.R. No. 230170, June 06, 2018
• Petitioners thus pray that the Court declare the subject
cases as SLAPP and for the Court to issue a TRO/Writ of
Preliminary Injunction directing public respondents to
desist from conducting further hearings on the subject
cases and for the immediate dismissal of the same.
Petitioners also seek the amendment of A.M. No. 04-10-
11-SC (Rule on Violence Against Women and Children)
to include provisions against SLAPP.
• SLAPP, as a defense, is a mere privilege borne out of procedural
rules; accordingly, it may only be exercised in the manner and within
the scope prescribed by the Court as a rule-making body. 34 Here,
petitioners cannot, under the guise of substantial justice, rely on a
remedy that is simply not available to them. In fact, by invoking the
Court's rule-making power in their Petition, petitioners have admitted
that the instant action has no basis under any of the rules promulgated
by the Court. The Court takes this occasion to remind petitioners that
rules of procedure are not a "one-size­ fits-all" tool that may be
invoked in any and all instances at the whim of the litigant as this
would be anathema to the orderly administration of justice.
• X files a complaint in an
environmental case against A
(violator of environmental
laws) and then A retaliates by
filing a complaint for damages
against X;

Example of SLAPP
• X is a witness in a pending
environmental case against A and
the latter retaliates by filing a
complaint for damages or libel
against X;
• X is an environmental advocate
who rallies for the protection of
environmental rights and a
complaint for damages is filed
against him by A.
How do we treat Environmental
Defenders?
https://grist.org/justice/2019-the-
deadliest-year-yet-for-environmental-
activists/
In a SLAPP filed against a person involved in the
enforcement of environmental laws, protection of the
environment, or assertion of environmental rights, the
defendant may file an answer interposing as a defense
that the case is a SLAPP and shall be supported by
documents, affidavits, papers and other evidence; and,
by way of counterclaim, pray for damages, attorney’s
fees and costs of suit.

SEC. 2. SLAPP as a defense; how

alleged.—
The court shall direct the plaintiff or adverse party to
file an opposition showing the suit is not a SLAPP,
attaching evidence in support thereof, within a non-
extendible period of five (5) days from receipt of notice
that an answer has been filed.

The defense of a SLAPP shall be set for hearing by the

court after issuance of the order to file an opposition
within fifteen (15) days from filing of the comment or
the lapse of the period.
The hearing on the defense of a SLAPP shall be summary in nature.
The parties must submit all available evidence in support of their
respective positions. The party seeking the dismissal of the case

must prove by substantial evidence that his acts

for the enforcement of environmental law is a legitimate action for
the protection, preservation and rehabilitation of the environment.
The party filing the action assailed as a SLAPP shall prove by

preponderance of evidence that the action is

not a SLAPP and is a valid claim.

SEC. 3. Summary hearing.—

The affirmative defense of a SLAPP shall be resolved within
thirty (30) days after the summary hearing. If the court
dismisses the action, the court may award damages,
attorney’s fees and costs of suit under a counterclaim if
such has been filed. The dismissal shall be with prejudice.

If the court rejects the defense of a SLAPP, the evidence

adduced during the summary hearing shall be treated as
evidence of the parties on the merits of the case. The action
shall proceed in accordance with the Rules of Court.

SEC. 4. Resolution of the

defense of a SLAPP.—
PART III
SPECIAL CIVIL
ACTIONS
RULE 7
WRIT OF KALIKASAN
 The writ 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 vio lation 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.

SECTION 1. Nature of the writ.—

 The verified petition shall contain the following:
(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent

or if the name and personal circumstances are unknown and
uncertain, the respondent may be described by an assumed
appellation;

(c) The environmental law, rule or regulation violated or

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

SEC. 2. Contents of the petition.—

(d) All relevant and material evidence consisting of the affidavits
of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence;

(e) The certification of petitioner under oath that: (1) petitioner

has not commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency, and no
such other action or claim is pending therein; (2) if there is such
other pending action or claim, a complete statement of its present
status; (3) if petitioner should learn that the same or similar
action or claim has been filed or is pending, petitioner shall report
to the court that fact within five (5) days therefrom; and

(f) The reliefs prayed for which may include a prayer for the
issuance of a TEPO.
The petition shall be filed with the Supreme
Court or with any of the stations of the Court of
Appeals.

SEC. 3. Where to file.—

The petitioner shall be exempt from the
payment of docket fees.

SEC. 4. No docket fees.—

 Within three (3) days from the date of filing of the petition, if
the petition is sufficient in form and substance, the court
shall give an order: (a) issuing the writ; and (b) requiring
the respondent to file a verified return as provided in
Section 8 of this Rule. The clerk of court shall forthwith issue
the writ under the seal of the court including the issuance of
a cease and desist order and other temporary reliefs
effective until further order.

SEC. 5. Issuance of the writ.—

 The writ shall be served upon the respondent by a court
officer or any person deputized by the court, who shall
retain a copy on which to make a return of service.

In case the writ cannot be served personally, the rule on

substituted service shall apply.

SEC. 6. How the writ is served.—

A clerk of court who unduly delays or refuses to
issue the writ after its allowance or a court
officer or deputized person who unduly delays
or refuses to serve the same shall be punished
by the court for contempt without prejudice to
other civil, criminal or administrative actions.

SEC. 7. Penalty for refusing to

issue or serve the writ.—
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.

SEC. 8. Return of respondent;

contents.—
All defenses not raised in the return shall be
deemed waived. The return shall include affidavits
of witnesses, documentary evidence, scientific or
other expert studies, and if possible, object
evidence, in support of the defense of the
respondent.

A general denial of allegations in the petition shall

be considered as an admission thereof.
The following pleadings and motions are prohibited:
• (a) Motion to dismiss;
• (b) Motion for extension of time to file return;
• (c) Motion for postponement;
• (d) Motion for a bill of particulars;
• (e) Counterclaim or cross-claim;
• (f) Third-party complaint;
• (g) Reply; and
• (h) Motion to declare respondent in default.

SEC. 9. Prohibited
pleadings and motions.—
In case the respondent fails to file a return, the
court shall proceed to hear the petition ex parte.

SEC. 10. Effect of failure to

file return.—
Upon receipt of the return of the respondent, the court
may call a preliminary conference to simplify the issues,
determine the possibility of obtaining stipulations or
admissions from the parties, and set the petition for
hearing.

The hearing including the preliminary conference shall

not extend beyond sixty (60) days and shall be given the
same priority as petitions for the writs of habeas corpus,
amparo and habeas data.

SEC. 11. Hearing.—

A party may file a verified motion for the following reliefs:

(a) Ocular Inspection; order.—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 morecities 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.

SEC. 12. Discovery Measures.—

After hearing, the court may order any person in
possession or control of a designated land or other
property to permit entry for the purpose of inspecting
or photographing the property or any relevant object or
operation thereon.

The order shall specify the person or persons

authorized to make the inspection and the date, time,
place and manner of making the inspection and may
prescribe other conditions to protect the constitutional
rights of all parties.
(b) Production or inspection of documents or things; order.— The
motion must show that a production 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.

After hearing, the court may order any person in possession, custody
or control of any designated documents, papers, books, accounts,
letters, photographs, objects or tangible things, or objects in digitized
or electronic form, which constitute or contain evidence relevant to
the petition or the return, to produce and permit their inspection,
copying or photographing by or on behalf of the movant.

The production order shall specify the person or persons authorized

to make the production and the date, time, place and manner of
making the inspection or production and may prescribe other
conditions to protect the constitutional rights of all parties.
The court may after hearing punish the respondent who
refuses or unduly delays the filing of a return, or who
makes a false return, or any person who disobeys or
resists a lawful process or order of the court for indirect
contempt under Rule 71 of the Rules of Court.

SEC. 13. Contempt.—

After hearing, the court shall issue an order submitting
the case for 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.

SEC. 14. Submission of case for

decision; filing of memoranda.—
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. The reliefs that may be granted under the writ
are the following:

SEC. 15. Judgment.—

(a) 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;

(b) Directing the respondent public official, government

agency, private person or entity to protect, preserve,
rehabilitate or restore the environment;

(c) Directing the respondent public official, government

agency, private person or entity to monitor strict
compliance with the decision and orders of the court;
(d) Directing the respondent public official, government
agency, or private person or entity to make periodic reports
on the execution of the final judgment; and

(e) 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.
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.

SEC. 16. Appeal.—

The filing of a petition for the issuance of the
writ of kalikasan shall not preclude the filing of
separate civil, criminal or administrative actions.

SEC. 17. Institution of

separate actions.—
RULE 8

WRIT OF CONTINUING MANDAMUS

SECTION 1. Petition for continuing mandamus.—
When any agency or instrumentality of the government or officer
thereof unlawfully neglects the performance of an act which the
law specifically enjoins as a duty resulting from an office, trust or
station in connection with the enforcement or violation of an
environmental law rule or regulation or a right therein, or
unlawfully excludes another from the use or enjoyment of such
right and there is no other plain, speedy and adequate remedy in
the ordinary course of law, the person aggrieved thereby may file
a verified petition in the proper court, alleging the facts with
certainty, attaching thereto supporting evidence, specifying that
the petition concerns an environmental law, rule or regulation,
and praying that judgment be rendered commanding the
respondent to do an act or series of acts until the judgment is
fully satisfied, and to pay damages sustained by the petitioner by
reason of the malicious neglect to perform the duties of the
respondent, under the law, rules or regulations. The petition shall
also contain a sworn certification of non-forum shopping.
SEC. 2. Where to file the petition.—

The petition shall be filed with the Regional Trial Court

exercising jurisdiction over the territory where the
actionable neglect or omission occurred or with the
Court of Appeals or the Supreme Court.

SEC. 3. No docket fees.—

The petitioner shall be exempt from the payment of

docket fees.
SEC. 4. Order to comment.—
If the petition is sufficient in form and substance,
the court shall issue the writ and require the
respondent to comment on the petition within ten
(10) days from receipt of a copy thereof. Such
order shall be served on the respondents in such
manner as the court may direct, together with a
copy of the petition and any annexes thereto.

SEC. 5. Expediting proceedings; TEPO.—The

court in which the petition is filed may issue such
orders to expedite the proceedings, and it may also
grant a TEPO for the preservation of the rights of
the parties pending such proceedings.
SEC. 6. Proceedings after comment is filed.—
After the comment is filed or the time for the filing thereof has
expired, the court may hear the case which shall be summary in
nature or require the parties to submit memoranda. The petition
shall be resolved without delay within sixty (60) days from the
date of the submission of the petition for resolution.

SEC. 7. Judgment.—If warranted, the court shall grant the

privilege of the writ of continuing mandamus requiring
respondent to perform an act or series of acts until the judgment
is fully satisfied and to grant such other reliefs as may be
warranted resulting from the wrongful or illegal acts of the
respondent. The court shall require the respondent to submit
periodic reports detailing the progress and execution of the
judgment, and the court may, by itself or through a commissioner
or the appropriate government agency, evaluate and monitor
compliance. The petitioner may submit its comments or
observations on the execution of the judgment.
Upon full satisfaction of the judgment, a final return of the
writ shall be made to the court by the respondent. If the
court finds that the judgment has been fully implemented,
the satisfaction of judgment shall be entered in the court
docket.
PART IV
CRIMINAL PROCEDURE
RULE 9: 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.

SECTION 1. Who may file.—

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

SEC. 2. Filing of the

information.—
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 special prosecutor, with
the consent of and subject to the control and
supervision of the public prosecutor.

SEC. 3. Special prosecutor.—

RULE 10
PROSECUTION OF 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

SECTION 1. Institution of
criminal and civil actions.—
Unless the civil action has been instituted prior to the
criminal action, the reservation of the right to institute
separately the civil action shall be made during arraignment.

In case civil liability is imposed or damages are awarded, the

filing and other legal fees shall be imposed on said award in
accordance with Rule 141 of the Rules of Court, and the fees
shall constitute a first lien on the judgment award. The
damages awarded in cases where there is no private offended
party, less the filing fees, shall accrue to the funds of the
agency charged with the implementation of the
environmental law violated. The award shall be used for the
restoration and rehabilitation of the environment adversely
affected.
RULE 11

ARREST
A peace officer or an individual deputized by the proper government agency may,
without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense; or

(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it.

Individuals deputized by the proper government agency who are enforcing

environmental laws shall enjoy the presumption of regularity under Section 3(m),
Rule 131 of the Rules of Court when effecting arrests for violations
of environmental laws.

SECTION 1. Arrest without

warrant; when lawful.—
 RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS,
EQUIPMENT, PARAPHERNALIA, CONVEYANCES
The custody and disposition of seized items shall be in
accordance with the applicable laws or rules
promulgated by the concerned government agency.

SECTION 1. Custody and

disposition of seized items.—
In the absence of applicable laws or rules promulgated
by the concerned government agency, the following
procedure shall be observed:

(a) The apprehending officer having initial custody and

control of the seized items, equipment, paraphernalia,
conveyances and instruments shall physically inventory
and whenever practicable, photograph the same in the
presence of the person from whom such items were
seized.

SEC. 2. Procedure.—
(b) Thereafter, the apprehending officer shall submit to the
issuing court the return of the search warrant within five (5)
days from date of seizure or in case of warrantless arrest,
submit within five (5) days from date of seizure, the inventory
report, compliance report, photographs, representative samples
and other pertinent documents to the public prosecutor for
appropriate action.

(c) Upon motion by any interested party, the court may direct
the auction sale of seized items, equipment, paraphernalia ,
tools or instruments of the crime. The court shall, after hearing,
fix the minimum bid price based on the recommendation of the
concerned government agency.
The sheriff shall conduct the auction.
(d) The auction sale shall be with notice to the accused,
the person from whom the items were seized, or the
owner thereof and the concerned government agency.

(e) The notice of auction shall be posted in three

conspicuous places in the city or municipality where the
items, equipment, paraphernalia, tools or instruments of
the crime were seized.

(f) The proceeds shall be held in trust and deposited

with the government depository bank for disposition
according to the judgment.
RULE 13

PROVISIONAL REMEDIES
The provisional remedy of attachment under Rule
127 of the Rules of Court may be availed of in
environmental cases.

SECTION 1. Attachment in
environmental cases.—
The procedure for and issuance of EPO and TEPO shall be
governed by Rule 2 of these Rules.

SEC. 2. Environmental Protection Order (EPO);

Temporary Environmental Protection Order (TEPO)
criminal cases.—