RULE 7 WRIT OF ___________ Section 1. _____________ of the writ. - The writ is a _____________ available to a ___________ or ___________ person, ___________ authorized by law, peoples _____________, non-governmental organization, or any ___________ ___________ group ___________ by or ___________ with any government agency, on _____________ of persons whose constitutional right to a ___________ and ___________ ecology is violated, or _____________ with violation by an _____________ act or omission of a public official or _____________, or private _____________ or entity, involving environmental _____________ of such _____________ as to _____________ the life, _____________ or _____________ of inhabitants in _____________ or more cities or provinces. Section 2. _____________ of the petition. - The _____________ petition shall contain the following: (a) The _____________ circumstances of the petitioner; (b) The _____________ and _____________ circumstances of the _____________ or if the name and personal circumstances are _____________ and _____________, the respondent may be _____________ by an _____________ appellation; (c) The environmental law, _____________ or regulation _____________ or _____________ to be _____________, the act or omission _____________ of, and the environmental damage of such magnitude as to prejudice the _____________, _____________ or _____________ of inhabitants in two or more cities or provinces. (d) All _____________ and _____________ evidence consisting of the _____________ of witnesses, _____________ evidence, _____________ or other _____________ studies, and if possible, _____________ evidence; (e) The _____________ of petitioner under oath that: (1) petitioner has not _____________ any action or filed any _____________ involving the _____________ issues in any court, tribunal or _____________ agency, and no such other action or claim is _____________ _____________; (2) if there is such other pending action or claim, a _____________ statement of its _____________ _____________; (3) if petitioner should _____________ that the same or similar action or claim has been _____________ or is _____________, petitioner shall _____________ to the court that _____________ within _____________ days therefrom; and (f) The _____________ prayed for which _____________ include a prayer for the _____________ of a _____________. Section 3. _____________ to file. - The petition shall be filed with the _____________ _____________ or with _____________ of the _____________ of the Court of Appeals. Section 4. No _____________ fees. - The petitioner shall be _____________ from the payment of _____________ fees. Section 5. Issuance of the writ. - Within _____________ days from the date of _____________ of the petition, if the petition is _____________ in _____________ and _____________, the court shall give an order: (a) _____________ the writ; and (b) _____________ the respondent to file a _____________ _____________ as provided in Section 8 of this Rule. The clerk of court shall forthwith issue the writ under the _____________ of the court including the issuance of a _____________ and _____________ order and other _____________ reliefs _____________ until further _____________. Section 6. How the writ is served. - The writ shall be served upon the respondent by a _____________ _____________ or any person _____________ by the _____________, who shall _____________ a copy on which to make a _____________ of _____________. In case the writ cannot be served _____________, the rule on _____________ _____________ shall apply. Section 7. Penalty for _____________ to issue or serve the writ. - A _____________ of _____________ who _____________ delays or _____________ to issue the writ _____________ its _____________ or a court officer or deputized person who _____________ delays or refuses to _____________ the same shall be _____________ by the court for _____________ without prejudice to other _____________, _____________ or administrative actions. Section 8. Return of respondent; _____________. - Within a non-extendible period of _____________ days _____________ service of the writ, the _____________ shall file a verified return which shall _____________ all _____________ to show that respondent did not _____________ or threaten to violate, or _____________ the violation of any environmental law, rule or regulation or _____________ any act _____________ to environmental damage of such magnitude as to prejudice the life, health or property of _____________ in _____________ or more cities or provinces. _____________ defenses not _____________ in the return shall be deemed _____________. The return shall include _____________ of witnesses, _____________ evidence, _____________ or other _____________ studies, and if _____________, object evidence, in support of the _____________ of the respondent. A _____________ _____________ of _____________ in the petition shall be considered as an _____________ thereof. Section 9. Prohibited pleadings and motions. - The following pleadings and motions are prohibited: (a) Motion to _____________; (b) Motion for _____________ of time to file _____________; (c) Motion for _____________; (d) Motion for a _____________ of _____________; (e) _____________ or _____________; (f) _____________ complaint; (g) _____________; and (h) Motion to _____________ respondent in _____________. Section 10. Effect of failure to file return. - In case the respondent _____________ to file a return, the court shall proceed to _____________ the petition ___________ ______________. Section 11. Hearing. - Upon receipt of the return of the respondent, the court may _____________ a _____________ _____________ to _____________ the issues, determine the _____________ of obtaining _____________ or _____________ from the parties, and set the petition for _____________. The hearing including the preliminary conference shall not extend beyond _____________ days and shall be given the same _____________ as petitions for the writs of _____________ _____________, _____________ and habeas _____________. Section 12. _____________ Measures. - A party may file a verified _____________ for the following reliefs: (a) _____________ Inspection; order The motion must show that an ocular inspection order is _____________ to establish the _____________ 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 _____________ the place or places to be _____________. It shall be supported by affidavits of witnesses having _____________ knowledge of the violation or threatened violation of environmental law. _____________ hearing, the court may _____________ any person in _____________ or _____________ of a _____________ land or other property to _____________ entry for the purpose of _____________ or _____________ the property or any relevant _____________ or _____________ thereon. The order shall specify the person or persons authorized to make the inspection and the _____________, time, _____________ and _____________ of making the inspection and may prescribe other _____________ to protect the _____________ rights of all _____________. (b) _____________ 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 _____________, _____________ or _____________ of any designated documents, _____________, books, accounts, _____________, _____________, objects or _____________ things, or objects in _____________ or electronic form, which constitute or _____________ evidence relevant to the petition or the return, to produce and _____________ their inspection, copying or photographing by or on behalf of the _____________. 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 _____________ the constitutional rights of all parties. Section 13. Contempt. - The court may after hearing _____________ the respondent who refuses or _____________ delays the _____________ of a return, or who makes a _____________ return, or any person who _____________ or resists a _____________ process or order of the court for _____________ contempt under Rule _____________ of the Rules of Court. Section 14. Submission of case for decision; filing of memoranda. - After hearing, the court shall issue an order submitting the case for decision. The court may require the filing of _____________ and if possible, in its _____________ _____________, within a non-extendible period of _____________ days from the date the petition is _____________ for _____________. Section 15. Judgment. - Within _____________ days from the time the petition is submitted for decision, the court shall render judgment granting or _____________ the _____________ of the _____________ of _____________. The _____________ that may be granted under the writ are the following: (a) Directing _____________ to _____________ cease and desist from committing acts or _____________ the performance of a _____________ in violation of environmental laws resulting in environmental _____________ or damage; (b) Directing the _____________ public official, government agency, _____________ _____________ or entity to _____________, preserve, rehabilitate or _____________ the environment; (c) Directing the _____________ _____________ _____________, government agency, private person or entity to monitor strict _____________ with the _____________ and orders of the court; (d) Directing the _____________ public official, government agency, or private person or entity to _____________ periodic _____________ on the execution of the final judgment; and (e) Such other _____________ which relate to the _____________ of the people to a balanced and healthful ecology or to the protection, _____________, rehabilitation or _____________ of the environment, _____________ the _____________ of damages to _____________ petitioners. Section 16. Appeal. - Within _____________ days from the date of _____________ of the _____________ judgment or _____________ of motion for reconsideration, any party may _____________ to the Supreme Court under Rule _____________ of the Rules of Court. The appeal _____________ raise questions of _____________. Section 17. Institution of _____________ actions. - The filing of a petition for the _____________ of the writ of kalikasan shall not _____________ the filing of _____________ civil, criminal or administrative actions. RULE 8 WRIT OF _____________ MANDAMUS Section 1. Petition for _____________ mandamus. - When any agency or instrumentality of the government or officer thereof _____________ _____________ the performance of an act which the law _____________ _____________ as a _____________ resulting from an office, _____________ or _____________ in connection with the _____________ or _____________ of an environmental law rule or regulation or a _____________ therein, or unlawfully _____________ another from the use or _____________ of such right and there is no other _____________, speedy and _____________ remedy in the _____________ course of law, the person _____________ thereby may file a verified petition in the _____________ court, alleging the facts with _____________, attaching thereto supporting evidence, _____________ that the petition _____________ an environmental law, rule or regulation, and _____________ that judgment be rendered _____________ the respondent to _____________ an act or series of acts until the judgment is _____________ satisfied, and to pay damages _____________ by the petitioner by reason of the _____________ neglect to perform the duties of the respondent, under the law, rules or regulations. The petition shall also contain a _____________ certification of _____________ _____________. Section 2. Where to file the petition. - The petition shall be filed with the _______________________ exercising jurisdiction over the _____________ where the _____________ neglect or _____________ _____________ or with the ____________________ or the _______________________. Section 3. No docket fees. - The petitioner shall be exempt from the payment of docket fees. Section 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 _____________ from receipt of a _____________ thereof. Such order shall be served on the respondents in such _____________ as the court may _____________, together with a copy of the _____________ and any _____________ thereto. Section 5. _____________ proceedings; TEPO. - The court in which the petition is filed may issue such orders to _____________ the proceedings, and it may also grant a _____________ for the _____________ of the rights of the parties _____________ such proceedings. Section 6. Proceedings after comment is filed. - After the comment is filed or the _____________ for the filing thereof has _____________, the court may hear the case which shall be _____________ in nature or _____________ the parties to submit _____________. The petition shall be _____________ without _____________ within _____________ days from the date of the submission of the petition for _____________. Section 7. Judgment. - If _____________, the court shall _____________ the privilege of the writ of continuing mandamus _____________ respondent to _____________ 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 _____________ or _____________ acts of the respondent. The court shall require the respondent to submit _____________ reports detailing the _____________ and execution of the judgment, and the court may, by itself or through a _____________ or the _____________ government agency, _____________ and monitor _____________. The _____________ may submit its comments or observations on the _____________ of the judgment. Section 8. Return of the writ. - The periodic reports submitted by the respondent detailing _____________ with the judgment shall be contained in _____________ returns of the writ. Upon _____________ satisfaction of the judgment, a _____________ return of the writ shall be made to the court by the respondent. If the court finds that the judgment has been fully _____________, the _____________ of judgment shall be entered in the court _____________. PART IV CRIMINAL PROCEDURE RULE 9 PROSECUTION OF OFFENSES Section 1. Who may file. - Any _____________ party, _____________ officer or any _____________ officer charged with the enforcement of an environmental law may file a _____________ before the proper officer in accordance with the Rules of Court. Section 2. Filing of the information. - An _____________, charging a person with a violation of an environmental law and _____________ by the prosecutor, shall be filed with the court. Section 3. Special prosecutor. - In criminal cases, where there is _____________ private _____________ party, a _____________ whose services are _____________ by any person or organization may be _____________ by the court as _____________ prosecutor, with the consent of and subject to the _____________ and _____________ of the _____________ prosecutor. RULE 10 PROSECUTION OF CIVIL ACTIONS Section 1. Institution of criminal and civil actions. - When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged, shall be _____________ instituted _____________ the criminal action _____________ the complainant _____________ the civil action, _____________ the right to institute it _____________ or institutes the civil action _____________ to the criminal action. Unless the civil action has been instituted _____________ to the criminal action, the reservation of the right to institute separately the civil action shall be made _____________ arraignment. In case civil liability is _____________ or _____________ are awarded, the filing and other _____________ fees shall be imposed on said _____________ in accordance with Rule 141 of the Rules of Court, and the fees shall constitute a _____________ lien on the judgment _____________. The damages awarded in cases where there is no _____________ offended party, less the _____________ fees, shall _____________ to the funds of the _____________ charged with the implementation of the environmental law violated. The award shall be u_____________sed for the _____________ and _____________ of the environment adversely _____________. RULE 11 ARREST Section 1. Arrest without warrant; when lawful. - A peace officer or an individual _____________ by the _____________ government agency may, _____________ a warrant, arrest a person: (a) When, in his presence, the person to be arrested has _____________, is _____________ _____________ or is _____________ to _____________ an offense; or (b) When an offense has just been _____________, and he has _____________ _____________ to believe based on personal knowledge of _____________ or circumstances that the person to be _____________ has committed it. _____________ deputized by the proper government agency who are _____________ environmental laws shall enjoy the presumption of _____________ under Section 3(m), Rule _____________ of the Rules of Court when _____________ arrests for violations of environmental laws. Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall be _____________ by a _____________ _____________ copy of the information filed with the _____________ court. RULE 12 _____________ AND _____________ OF SEIZED ITEMS, EQUIPMENT, PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS Section 1. Custody and disposition of seized items. - The custody and disposition of seized items shall be in accordance with the _____________ laws or rules _____________ by the _____________ government agency. Section 2. Procedure. - In the _____________ of applicable laws or rules promulgated by the concerned government agency, the following _____________ shall be _____________: (a) The _____________ officer having _____________ custody and control of the _____________ items, equipment, paraphernalia, conveyances and instruments shall physically _____________ and whenever _____________, _____________ the same in the presence of the person from whom such _____________ were _____________. (b) Thereafter, the apprehending officer shall submit to the _____________ court the _____________ of the search warrant within _____________days from date of _____________ or in case of _____________ arrest, submit within _____________ days from date of seizure, the _____________ report, _____________ report, photographs, _____________ samples and other pertinent _____________ to the public _____________ for _____________ action. (c) Upon _____________ by _____________ interested party, the court may direct the _____________ sale of seized items, equipment, paraphernalia, tools or instruments of the crime. The court shall, after _____________, fix the minimum _____________ price based on the _____________ of the _____________ government agency. The _____________ shall conduct the auction. (d) The _____________ sale shall be with _____________ to the _____________, the person from whom the items were seized, or the _____________ thereof and the concerned government agency. (e) The notice of auction shall be _____________ in _____________ _____________ places in the city or municipality where the items, equipment, paraphernalia, tools or instruments of the crime were seized. (f) The _____________ shall be held in _____________ and deposited with the government depository _____________ for disposition _____________ to the judgment. RULE 13 PROVISIONAL REMEDIES Section 1. Attachment in environmental cases. - The _____________ remedy of attachment under Rule 127 of the Rules of Court may be availed of in environmental cases. Section 2. Environmental Protection Order (EPO); Temporary Environmental Protection Order (TEPO) in criminal cases. - The _____________ for and _____________ of EPO and TEPO shall be governed by Rule 2 of these Rules. RULE 14 BAIL Section 1. Bail, where filed. - Bail in the amount _____________ may be filed with the court where the case is _____________, or in the absence or _____________ of the judge thereof, with any regional trial judge, _____________ trial judge, _____________ trial judge or municipal _____________ trial judge in the province, city or municipality. If the accused is _____________ in a province, city or municipality _____________ than where the case is pending, bail may also be filed with any Regional Trial Court of said _____________, or if no judge thereof is _____________, with any metropolitan trial judge, municipal trial judge or municipal circuit trial judge therein. If the court _____________ bail, the court may issue a __________________ order in appropriate cases. Section 2. Duties of the court. - Before granting the application for bail, the _____________ must _____________ the information in a language known to and _____________ by the accused and _____________ the accused to _____________ a written undertaking, as follows: (a) To _____________ before the court that _____________ the warrant of arrest for _____________ purposes on the date _____________, and if the accused fails to appear _____________ justification on the date of _____________, accused _____________ the reading of the information and authorizes the court to _____________ a plea of not guilty on behalf of the _____________ and to _____________ the case for trial; (b) To appear _____________ required by the court where the case is _____________; and (c) To _____________ the _____________ of the accused to be _____________ at the trial, and upon failure of the accused to appear _____________ justification and _____________ due notice, the _____________ may proceed in _____________. RULE 15 ARRAIGNMENT AND PLEA Section 1. Arraignment. - The court shall _____________ the arraignment of the accused within _____________ days from the time it _____________ jurisdiction over the _____________, with notice to the _____________ _____________ and _____________ _____________ or concerned _____________ _____________ that it will entertain __________________ on the date of the _____________. Section 2. Plea-bargaining. - On the scheduled date of arraignment, the court shall _____________ plea-bargaining _____________. Where the _____________ and offended party or concerned government agency _____________ to the plea _____________ by the accused, the court shall: (a) _____________ an order which contains the plea-bargaining _____________ at; (b) Proceed to _____________ evidence on the _____________ aspect of the case, if any; and (c) _____________ and promulgate judgment of _____________, including the _____________ liability for _____________. RULE 16 PRE-TRIAL Section 1. Setting of pre-trial conference. - After the arraignment, the court shall set the pre-trial conference within _____________ days. It may refer the case to the _____________ clerk of court, if _____________, for a preliminary conference to be set at least _____________ days _____________ to the pre-trial. Section 2. Preliminary conference. - The preliminary conference shall be for the following _____________: (a) To _____________ the parties in _____________ a settlement of the civil aspect of the case; (b) To _____________ the documents to be presented as _____________; (c) To _____________ copies thereof to the records after _____________ with the originals; (d) To _____________ from the parties the _____________ _____________ and admissions on the _____________ and _____________ execution of documents marked as exhibits; (e) To consider such other _____________ as may _____________ in the _____________ disposition of the case; (f) To _____________ the proceedings during the preliminary conference in the _____________ of Preliminary Conference to be _____________ by the parties and _____________; (g) To mark the affidavits of witnesses which shall be in _____________ and _____________ form and shall _____________ the _____________ examination of the witnesses; and (h) To _____________ the Minutes and _____________ exhibits to the case _____________ before the pre-trial _____________. The parties or their counsel must _____________ to the branch clerk of court the _____________, addresses and contact numbers of the _____________. Section 3. Pre-trial duty of the judge. - During the pre-trial, the court shall: (a) _____________ the parties and their counsels under oath; (b) _____________ the minutes of the _____________ _____________ as part of the pre-trial proceedings, _____________ markings of exhibits or _____________ photocopies and admissions on the _____________ and due _____________ of documents, and _____________ object and testimonial evidence; (c) _____________ the information and the _____________ in the affidavits and other documents which form part of the record of the preliminary investigation together with other _____________ identified and marked as exhibits to determine _____________ admissions of _____________ as to: i. The courts _____________ jurisdiction _____________ to the offense(s) charged; ii. _____________ of _____________ witnesses; and iii. _____________ of damages; (d) _____________ factual and _____________ issues; (e) Ask parties to _____________ on the _____________ trial dates and adhere to the _____________ chart determined by the court which shall contain the _____________ _____________ for the different _____________ of the proceeding up to _____________ of decision; (f) _____________ the parties to submit to the branch clerk of court the names, addresses and contact numbers of witnesses that need to be _____________ by _____________; and (g) Consider _____________ of order of trial if the accused admits the _____________ but _____________ a _____________ _____________. Section 4. _____________ of questioning. - All questions or _____________ must be _____________ to the court. Section 5. Agreements or _____________. - All agreements or _____________ made or entered during the pre-trial conference shall be _____________ in writing and signed by the accused and counsel; otherwise, they cannot be used _____________ the accused. The agreements _____________ the _____________ referred to in Section 1, Rule _____________ of the Rules of Court shall be _____________ by the court. Section 6. Record of proceedings. - All proceedings during the pre-trial shall be _____________, the _____________ prepared and the _____________ signed by the parties or their counsels. Section 7. Pre-trial order. - The court shall issue a pre-trial order within _____________ days after the _____________ of the _____________, setting forth the actions taken during the pre-trial _____________, the facts _____________, the admissions _____________, evidence _____________, the _____________ of witnesses to be _____________ and the _____________ of trial. The order shall bind the parties and _____________ the _____________ of action during the trial. RULE 17 TRIAL Section 1. Continuous trial. - The court shall _____________ to conduct continuous trial which shall not exceed three (3) _____________ from the date of the issuance of the pre-trial order. Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of _____________ examination shall be used, subject to _____________________ and the right to _____________ to inadmissible _____________ of the affidavit. Section 3. Submission of memoranda. - The court may require the parties to submit their _____________ memoranda and if possible, in _____________ form, within a non-extendible period of thirty (30) days from the date the case is submitted for _____________. _____________ or _____________ any memoranda filed, the court shall have a period of _____________ days to _____________ the case counted from the _____________ day of the 30-day period to file the _____________. Section 4. _____________ period. - The court shall dispose the case within a period of _____________ months from the date of _____________. Section 5. Pro bono lawyers. - If the accused cannot _____________ the services of counsel or there is no available _____________ _____________, the court shall _____________ the ___________________________ to provide _____________ _____________ lawyers for the accused. RULE 18 SUBSIDIARY LIABILITY Section 1. Subsidiary liability. - In case of conviction of the accused and subsidiary liability is _____________ by law, the court may, by _____________ of the person entitled to _____________ under judgment, enforce such subsidiary liability against a person or _____________ subsidiary (check codal if this should be 'subsidiarily'?) liable under Article 102 and Article 103 of the _____________________. RULE 19 STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL CASES Section 1. Motion to dismiss. - Upon the filing of an information in court and before arraignment, the accused may file a motion to _____________ on the ground that the _____________ action is a _____________. Section 2. Summary hearing. - The hearing on the _____________ of a SLAPP shall be _____________ in nature. The parties must submit all the _____________ evidence in support of their respective _____________. The party _____________ the dismissal of the case must prove by _____________ evidence that his _____________ for the enforcement of environmental law is a _____________ action for the protection, preservation and rehabilitation of the environment. The party filing the action _____________ as a _____________ shall prove by _____________ of evidence that the action is _____________ a _____________. Section 3. Resolution. - The court shall _____________ the motion if the _____________ establishes in the summary hearing that the criminal case has been filed with _____________ to harass, vex, exert _____________ pressure or _____________ any legal _____________ that any person, institution or the _____________ has taken or may _____________ in the _____________ of environmental laws, _____________ of the environment or _____________ of environmental rights. If the court denies the motion, the court shall immediately proceed with the arraignment of the accused. PART V EVIDENCE RULE 20 PRECAUTIONARY PRINCIPLE Section 1. Applicability. - When there is a _____________ of full _____________ certainty in establishing a _____________ _____________ between _____________ activity and _____________ _____________, the court shall apply the _____________ principle in resolving the case before it. The constitutional right of the people to a balanced and healthful ecology shall be given the _____________ of the _____________. Section 2. _____________ for application. - In applying the _____________ principle, the following _____________, among others, may be considered: (1) _____________ to human life or _____________; (2) _____________ to _____________ or future generations; or (3) _____________ to the environment _____________ legal _____________ of the environmental rights of those affected. RULE 21 DOCUMENTARY EVIDENCE Section 1. Photographic, video and similar evidence. - Photographs, videos and _____________ evidence of _____________, _____________, _____________ of wildlife, _____________ by- products or _____________, _____________ products or mineral _____________ subject of a case shall be _____________ when _____________ by the person who _____________ the same, by some other person _____________ when said evidence was taken, or by any other person _____________ to testify on the _____________ thereof. Section 2. Entries in _____________ records. - Entries in _____________ records made in the performance of his _____________ by a _____________ _____________ of the Philippines, or by a person in performance of a duty _____________ enjoined by _____________, are _____________ _____________ evidence of the facts therein _____________. RULE 22 FINAL PROVISIONS Section 1. Effectivity. - These Rules shall take effect within fifteen (15) days following publication _____________ in a newspaper of _____________ circulation. Section 2. Application of the Rules of Court. - The Rules of Court shall apply in a _____________ manner, _____________ as otherwise provided herein.