Environmental Procedure
The Rules of Procedure
for Environmental Cases
Leizl A. Villapando, MBA
December 15, 2020
RULE 1
GENERAL PROVISIONS
SECTION 1. Title.—These Rules shall be known as “The
Rules
of Procedure for Environmental Cases.”
What is the scope?
SEC. 2. Scope.—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:
What is the 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;
What is the scope?
(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, Flowering Plants and Shrubs or Plants of Scenic
Value along Public Roads, in Plazas, Parks, School Premises or in any Other
Public Ground;
(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;
What is the scope?
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;
What is the scope?
R.A. No. 9003, Ecological Solid Waste Management Act;
(t) R.A. No. 9072, National Caves and Cave Resource Management Act;
(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;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
What is the scope?
(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.
What are the objectives?
SEC. 3. Objectives.—The objectives of these Rules are:
(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 violation of environmental laws; and
(d) To enable the courts to monitor and exact compliance with orders and judgments in
environmental cases.
Definition of Terms
SEC. 4. Definition of Terms.—
(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.
Definition of Terms
(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.
(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.
Definition of Terms
(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 2
PLEADINGS AND PARTIES
SECTION 1. Pleadings and motions allowed.—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.
SEC. 2. Prohibited pleadings or motions.—The following pleadings or
motions shall not be 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. 3. Verified complaint.—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. 4. Who may file.—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. 5. Citizen suit.—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. 6. Service of the complaint on the government or its agencies.—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. 7. Assignment by raffle.—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.
Issuance of TEPO
SEC. 8. Issuance of Temporary Environmental Protection Order (TEPO).—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 multiple sala 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.
SEC. 9. Action on motion for dissolution of 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. 10. Prohibition against temporary restraining order (TRO) and
preliminary injunction.—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. 11. Report on TEPO, EPO, TRO or preliminary injunction.—The
judge shall report any action taken on a TEPO, EPO, TRO or a preliminary
injunction, including its modification and dissolution, to the Supreme Court,
through the Office of the Court Administrator, within ten (10) days from the
action taken.
SEC. 12. Payment of filing and other legal fees.—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. 13. Service of summons, orders and other court processes.—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. 14. Verified answer.—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.
What’s the effect of failure to answer?
SEC. 15. Effect of failure to 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.
