Writ of

Kalikasan

RULE 7 of the RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

Important Terminology
TEPO

Temporary Environmental Protection Order

Issued when 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

Effective for only seventy-two (72) hours from date of the receipt of the TEPO by the
party or person enjoined

Rule on Substituted Service

If the defendant cannot be served within a reasonable time as provided in the

preceding section, service may be effected:
a)

by leaving copies of the summons at the defendants dwelling house or

residence with some person of suitable age and discretion then residing
therein; or

b)

by leaving the copies at defendants office or regular place of business with

some competent person in charge thereof.

Ex Parte Hearing

Judicial proceeding is conducted for the benefit of only one party

What is the Writ of Kalikasan?

Legal remedy under Philippine law for persons whose

constitutional right to a balanced and healthful ecology
is violated by an unlawful act or omission of a public
official, employee, or private individual or entity.

Special civil action that provides protection of one's

Constitutional right to a healthy environment.

The Writ of Kalikasan: Proudly

Filipino
It draws its mandate from Article II Section 16 of the
1987 Constitution, which says that the state shall
protect and advance the right of the people to a
balanced and healthful ecology in accord with the
rhythm and harmony of nature.

Provision for the Writ of Kalikasan was written in 2010

by the Supreme Court of the Philippines under Rule
7 of the Rules of Procedure for Environmental
Cases as a Special Civil Action

The Supreme Court under Chief Justice Reynato Puno

took the initiative and issued Rules of Procedure for
Environmental Case because Section 16, Article II of the
Philippines' 1986 Constitution was not a self-executing
provision.

Overview of the Procedure

Verified Petition: Who May File?

May be filed by the following on behalf of persons whose

constitutional right to a healthy environment has been
violated/threatened to be violated:

Natural or juridical person

Entity authorized by law

Peoples organization

NGO

Any public interest group

accredited by or registered
with any government agency

NOTE: Environmental damage must be of magnitude to

prejudice the Constitutional right to a healthy
environment in two or more cities or provinces

Verified Petition: Contents

As provided by Sec. 2 of Rule 7:

1. Personal circumstances of the petitioner;
2. Name and personal circumstances of the respondent (if
unknown and uncertain, may be described by an assumed
appellation)
3. 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.
4. All relevant and material evidence (affidavits of witnesses,
documentary evidence, scientific or other expert studies,
and if possible, object evidence)

Verified Petition: Contents

5. The certification of petitioner under oath
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;

if

there is such other pending action or claim, a

complete statement of its present status;

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

6. Reliefs prayed for which may include a prayer for the

issuance of a TEPO.

What are the available Reliefs?

As provided by Sec. 15 of Rule 7, the following are reliefs

available under the writ:

Directing respondent/s 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;

protect, preserve, rehabilitate or restore the environment;

monitor strict compliance with the decision and orders of the court;

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.

Filing of the Petition

Filed with the Supreme Court or any of

the stations of the Court of Appeals

Petitioner/s exempted from the payment of

docket fees

Issuance and Serving of the Writ

1.

Court order given within 3 days from date of filing of the

petition (provided that petition is sufficient in form and
substance)

2.

Clerk of Court issues the writ (including cease and decease

order and other temporary reliefs)

3.

Writ is served to respondent by court officer or any person

deputized by the court if cannot be served personally, Rule
on Substituted Service applies

NOTE: Clerk of Court who unduly delays/refuses to issue the writ or court
officer/deputized person who unduly delays/refuses to serve the
same PUNISHABLE for CONTEMPT without prejudice to other
civil, criminal, or administrative actions

Return of the Respondent

As provided by Sec. 8 of Rule 7, respondent must file a

verified return within a nonextendible period of 10days after
service of the writ

The Return shall include:

Affidavits of witnesses

Documentary evidence

Scientific or other expert studies

Object evidence in support of the defense of the respondent

GENERAL DENIAL OF ALLEGATIONS in the PETITION =

ADMISSION

If respondent fails to file return EX PARTE HEARING

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 default.

Hearing

Court may call for a preliminary conference

Hearing including preliminary conference shall not exceed 60 days

CA has jurisdiction to try cases

DISCOVERY MEASURES
A party may file a verified motion for the following reliefs as necessary:
1.

2.

OCULAR INSPECTION

motion must show that an ocular inspection order is necessary to establish the
magnitude of the violation or the threat

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

PRODUCTION or INSPECTION OF DOCUMENTS OR THINGS

motion must show that a production order is necessary to establish the magnitude of
the violation or the threat

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.

Submission of Case for Decision

Court to issue order submitting the case for decision

Court may require filing of memoranda

Done within non-extendible period of 30 days from the date petition

is submitted for decision

Judgment

Done within 60 days from the time petition is submitted for decision

Court may grant or deny privileges of the Writ of Kalikasan

Appeal

Any party may appeal within 15 days from the date of notice
of the adverse judgement or denial of motion for
reconsideration

Appeal to SC under Rule 45 of the Rules of Court (questions of

fact)

Institution of Separate Actions

Filing petition for the issuance of the Writ of Kalikasan shall not
preclude the filing of separate civil, criminal, or administrative
actions.

Popular Cases for Writ of

Kalikasan
FPIC Pipeline

Recognizing the environmental hazards posed by the oil pipeline leak in

Makati City, the Supreme Court issued its first ever Writ of Kalikasan
(environment) against the First Philippine Industrial Corp. (FPIC)

Petition was filed by West Tower

residents, and they alleged that FPIC
violated a number of environmental
laws, including the Clean Air Act and the
Clean Water Act, because of its alleged
negligence" in operating the pipeline.

Popular Cases for Writ of

Kalikasan
MERALCO Powerline Project

In 2010, a petition was filed by residents in Makati City to halt the

installation and operation of high-voltage power lines in their subdivisions.
Petitioners claimed Meralcos electrical posts and transmission lines near
their houses pose health hazards.

CA dismissed the petition and it ruled that Meralcos power lines do not
pose a threat, immediate or otherwise to the health of residents.

Popular Cases for Writ of

Kalikasan
Jalaur Mega Dam

In 2013, former Iloilo congressman Augusto

Syjuco Jr.
filed a Petition for Continuing
Mandamus and Writ of Kalikasan with Prayer for
a Temporary Environmental Protection Order
(TEPO) to halt the Jalaur River Multi-Purpose
Project Phase II (JRMPP)

Respondents were National Irrigation Authority,

Department of Environment and Natural
Resources, National Economic and Development
Authority, Department of Agriculture and
Department of Agrarian Reform.

Writ was issued in favor of petitioners by the SC

on Oct 31, 2013

LATEST UPDATE: Writ of Kalikasan vs. Mega Dam

was junked by the CA on
September 23, 2015 due to lack of
merit

The Writ of Kalikasan: Just in Time

Strengthen the legal defense of three generations of human rights

civil and political, socio-economic, and environmental.

NOTABLE FEATURES

Petitions for the Writ of Kalikasan are priority cases

best features of the Writ of Kalikasan is that filing a petition for one costs
nothing and the speed -- within three days -- with which the high court en
banc decides whether to grant or deny it.

Cases are referred to the Court of Appeals for hearing.

The writ means you are requiring either party to file a comment. The end
game, after the court has resolved the case, could be an order to stop the
project, and pay for the damage done,

The writ means you are requiring either party to file a comment.
The end game, after the court has resolved the case, could be an
order to stop the project, and pay for the damage done

Protect, Preserve,
Rehabilitate the
Environment