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Special Writs and Procedures

De la Salle Lipa
College of Law
2 Semester, AY 2017 – 2018
nd

D. Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)

1. 1987 Philippine Constitution, Article II, Section 16 (Right to a Balanced and Healthful
Ecology)

2. “Annotation to the Rules of Procedure for Environmental Cases,” 2010. (to be provided)
a. Scope
b. Objectives
c. Definition of Terms
i. Continuing Mandamus
ii. Environmental Protection Order
iii. Precautionary Principle (see also Part V, Rule 20)
iv. Strategic Lawsuit Against Public Participation (SLAPP)
d. Civil Procedure (Part II)
e. Special Civil Actions (Part III)
i. Writ of Kalikasan
ii. Writ of Continuing Mandamus
f. Criminal Procedure (Part IV)

Cases: Oposa v. Factoran, G.R. No. 101083, July 30, 1993; (The Right to a Balanced and
Healthful Ecology; Inter-generational right)
MMDA v. Concerned Residents of Manila Bay, G.R. Nos. 171947-47, December 18,
2008;
Dolot v. Paje, G.R. No. 199199, August 27, 2013;
Arigo v. Swift, G.R. No. 206510, September 16, 2014; (Locus standi; waiver of
immunity from suit under the VFA in special civil actions; grant of damages in
environmental cases; other reliefs available in the Rules on Environmental Cases)
Paje v. Casino, G.R. No. 207257, February 3, 2015; (Nature of the Writ of Kalikasan)
Resident Marine Mammals of the Protected Seascape Tanon Strait v. Reyes, G.R.
No. 180771, April 21, 2015; (Locus standi)
International Service for the Acquisition on Agri-Biotech Applications, Inc. v.
Greenpeace Southeast Asia (Philippines), et al., G.R. Nos. 209271/209276/209301/
209430, December 8, 2015; (Locus standi and Precautionary principle), see also the
decision on the MR dated July 26, 2016 on the issue of mootness.
Mosqueda v. Pilipino Banana Growers and Exporters Association, Inc., G.R. No.
189185, August 16, 2016; (Precautionary Principle)
Segovia v. The Climate Change Commission, G.R. No. 211010, March 7, 2017;
(Requisites for the issuance of Writs of Kalikasan and Continuing Mandamus)