Environment Procedure

8/13/2019 Environment Procedure

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Administrative Matter

No. 09-6-8-C

Date of effectivity: April 29, 2010

Coverage: civil, criminal and special civil

actions before RTC, MeTC, MTCC,

MTC and MCTC involving enforcementor violations of environmental and other

related laws


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Objectives

Protect and advance the constitutional right ofthe people to a balanced and healthful ecology

Provide a simplified, speedy and inexpensiveprocedure for the enforcement of

environmental laws rights and duties under thelaws

Introduce and adopt innovations and bestpractices ensuring the effective enforcement ofremedies and redress for violations of

environmental laws Enable the courts to monitor and exact

compliance with orders and judgment inenvironmental cases


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Some features of its Civil

Procedure Citizen suit [Rule 2, Sec 5] Any Filipino

citizen in representation of others,

including minors or generations yetunborn, may file an action to enforce

rights and obligations under

environmental laws.


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Issuance of Temp

Environmental Protection Order

(TEPO) Upon verified complaint with prayer forissuance of EPO

There is extreme urgency and the

applicant will suffer grave injustice andirreparable injury

Maybe issued ex parte by exec judge or

presiding judge Valid for 72 hrs from date of receipt of

the TEPO by person/s enjoined


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Prohibition against TRO and

Preliminary Injunction

Rule 2, Sec 10

Only the Supreme Court can issue a

TRO or writ of prelim injunction against

lawful actions of govt agencies thatenforce environmental laws or prevent

violations thereof


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Referral to Mediation

Rule 3, Sec 3

At the start of the pre-trial conf

Referral to Phil Mediation Center unit; or

to the clerk of court or legal researcher

for mediation

Mediation to be conducted w/in a non-

extendible period of 30 days


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Rule 4 (Trial)

Continuous trial w/c shall not exceed 2

months from the date of issuance of the pre-

trial order

Affidavits in lieu of direct examination

One-day examination of witness rule; only

oral offer of evidence shall follow the

presentation of the last witness


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Strategic Lawsuit Against Public

Participation (SLAPP); Rule 6

A legal action filed to harass, vex, exert

undue pressure or stifle any legal

recourse that any person, institution or

the govthas taken or may take in theenforcement of enviro laws, protection of

the environment or assertion of govt

rights shall be treated as a SLAPP andshall be governed by this Rules.


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SLAPP as a defense

In admin, criminal and civil case

Must be raised as a defense in the answer[motion to dismiss in crim case] supported by

affidavits and other evidence to prove that it is aSLAPP

The one invoking SLAPP must prove bysubstantial evidence that his acts for the

enforcement of enviro laws is a legitimate action;whereas the party filing the case assailed asSLAPP must prove by preponderance ofevidencethat the action is not a SLAPP


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Writ of Continuing

Mandamus Rule 8

A verified petition filed against an agency of

the govt neglecting the performance of an act

enjoin by his office in connection with theprotection of the environment, when there is

no other plain, speedy and adequate remedy

available, praying that the respondent beordered to do an act or series of acts until the

judgment is fully satisfied.


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Part IV (Criminal Procedure)

Prosecution of Offenses

- May be filed by the offended party, peaceofficer or any public officer charged with the

enforcement of an environmental law- Special prosecutor: when there is no private

offended party, a counsel whose services areoffered by any person or organization may be

allowed by the court as a special prosecutor,with the consent and subject to the controland supervision of the public prosecutor.


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Arrest (Rule 11)

Warrantless arrest may be made by a peace

officer or an individual deputized by the

proper govt agency, under circumstances

laid in para (a) and (b) of Rule 113 RRCAll WOA shall be accompanied by a certified

true copy of the Information


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Rule 12 (Custody, Disposition

of Seized items, equipments) Initial custody with apprehending personnel

Submit return to the issuing court w/in 5 days incase of a warrant or in case of warrantless search,the inventory report, photographs , other pertinent

documents to the prosecutor w/in the same period

Upon motion of any interested party, the court maydirect the auction sale of the seized items,equipment, tools of the crime

The auction sale shall be with notice to the accused The proceeds shall be held in trust and deposited

with the depositary bank


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Bail (Rule 14)

Duties of the court:- before granting the application, the judge must read theinformation in a language known to and understood by theaccused and require the accused to sign a writtenundertaking as follows:

1) to appear before the court for arraignment and failure onhis part w/out valid justification, accused waives the readingof the information and authorizes the court to enter a plea ofnot guilty on his behalf

2) to appear whenever required by the court where the case

is pending3) to waive his right to be present during trial and upon failureof the accused to appear w/out justification and despite duenotice, the trial may proceed absentia


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TRIAL (Rule 17)

Continuous trial which shall not exceed 3

months from issuance of pre-trial order

Affidavit in lieu of direct examination subject

to cross and the right to object toinadmissible portions of the affidavit

If the accused cannot afford the services of a

counsel or there is no available publicattorney, the court shall require the IBP to

provide pro bono lawyer for the accused


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Rule 20 (Precautionary

Principle)

When there is lack of full scientific certainty

in establishing a causal link b/w the human

activity and the environmental effect, the

court shall apply this principle The constitutional right of the people to a

balanced and healthful ecology shall be

given the benefit of the doubt


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Rule 21 (Documentary

Evidence) Photos, video and others which are evidence ofevents, transactions of wildlife, forest products

or mineral resources subject of a case shall beadmissible when authenticated by the person

who took the same, by some other personpresent when the evidence was taken or by anyother person competent to testify on theaccuracy thereof.

Entries in official records those made in theperformance of duty are prima facie evidence ofthe facts stated therein


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finish

Environment Procedure

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