Writ of Kalikasan
It is the duty em-
An extraordinary remedy authorized by the court,
where damage or threatened violation results in de-
struction of such magnitude as to impair the right of
the people to a balanced and healthful ecology, to di-
rect or enjoin the respondent to desist from perform-
ing the acts complained of and to take positive steps
to protect, preserve and rehabilitate the environment.
Writ of Continuing Mandamus
An order issued by the Court in an environmental case
directing an agency or government instrumentality or
any officer thereof to perform an act or series of acts
decreed by final judgement which shall remain effec-
tive until the judgement is fully satisfied.
Precautionary Principle
in cases involving violation of environmental law
states that full scientific certainty is not necessary or
required of a party alleging environmental damage.
Mere possibility is sufficient to file an action in the
court to enforce environmental laws.
Strategic Lawsuit Against Public Participation
A SLAPP refers to any action whether civil, criminal or
administrative, brought against any person, institution
or any government agency enforcing the rights and
obligations under environmental law, with the intent
to harrass or vex. Once the SLAPP is filed, the party al-
leging environmental law violation must prove that his
case is not a SLAPP.
Locus Standi
or legal standing, is a requirement to raise a contro-
very before the court that the party enforcing or de-
fending his cause, stands to be benefited or be injured
by the judgement. The person alleging the issue must
be a real-party in interest or one with legal standing,
or locus standi.
Doctrine of Exhaustion of Adminstrative Remedies
calls for resort first to the appropriate administrative
authorities in the resolution of a controversy falling
under their jurisdiction before the same may be ele-
vated to the courts of justice for review.
Inter-Generational Responsibility
the responsibility of the present generation to pro-
tect, preserve and maintain the good condition of the
environment for future generations.
anating from the right of the people to a balanced
and healthful ecology as held in the case of Oposa v.
Factoran, because it is the right of the future genera-
tion as well to enjoy a balanced and healthful ecology.
Alienable and Disposable Lands
Lands of the public domain of the State that may be
disposed of to its citizens through grant from the
State. The subject land may be acquired through
homestead, patent, or by prescription because the
subject land are capable of being owned by private in-
dividuals whose ownership may be enforced against
another person or the State.
Abatement of Private Nuisance
In the case of AC Enterprise v Frabelle, it was held that
the abatement of private nuisance lies with the
courts, not with the PAB nor the Sanguniang Bayan.
The abatement of nuisance is the act that gives re-
sistance against environmental nuisances that may be
caused by an act referred to as nuisances.
Right to a Balanced and Healthful Ecology
Article II, Section 16 states that “The State shall pro-
tect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and
harmony in nature. The right to a balanced and
healthful ecology does not even need to be stated in
our Constituted as it is assumed to exist from the in-
ception of humankind, and carries with it the correla-
tive duty to refrain from impairing the environment.
Water is life and must be saved at all costs
The protection of watersheds ensures an adequate
supply of water for future generations and the control
of flashfloods that not only damage to property but
also cause loss of lives. Water must be saved at all
times and make sure that its sources are maintained
and protected. It must be protected for the continuing
existence of life here on earth.
Temporary Environmental Protection Order
An order issued by the court directing or enjoining
any person or government agency to perform or de-
sist from performing an act in order to protect , pre-
serve or rehabilitate the environment.
Rule 3 - Pre-Trial
A mandatory conference and personal confrontation
before the judge between the parties litigant and
their respective counsel for the purpose of settling
the litigation as soon as possible, or simplifying the is-
sues, without sacrificing the necessary demands of
justice.

Prohibited Pleadings and Motion

1. Motion to Dismiss the Complaint
2. Motion for Bill of Particulars
3. Motion for Extension of Time to File Pleadings, ex-
cept to file answer, the extension not to exceed 15
days
4. Motion to Declare the Defendant in Default
5. Reply and Rejoinder
6. Third Party Complaint

Mediation
The process whereby an impartial third person called
a mediator facilitates communication and negotiation
between parties for the purposes of assisting them
reach a voluntary agreement regarding their dispute.

Counter for a SLAPP

The party seeking the dismissal of the case must
prove by substantial evidence that his acts for the en-
forcement 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 case.