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CDI 6C - LA 8-B_1511932550

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8 views

CDI 6C - LA 8-B_1511932550

Case folder

Uploaded by

Le Louch
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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University of the Cordilleras

College of Criminal Justice Education

CDI 6 – Introduction to Cybercrime and environmental Laws and


Protection

Name: Mayuga,Reesha Dale Date: 11 – 29 - 2024


Section: Bscrim 3B Schedule: MWF 3:30pm to 6:10pm

Activity # 8-B
Rules of Procedure in Environmental Laws

Instruction: Based on the uploaded learning materials and all other


resources that you can access, summarize the prescribed procedure in
filing and prosecuting violations of environmental laws.

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


the effective enforcement of environmental laws and the protection of the
country’s natural resources. These rules cover civil, criminal, and special
civil actions involving violations of environmental laws, providing a
streamlined and expedited process for addressing environmental
concerns.

Civil Procedure

- Filing a Complaint: Any real party in interest, including the government and
authorized juridical entities, can file a civil action for environmental law
violations. A citizen suit, where a Filipino citizen represents others,
including minors or future generations, is also allowed.

- Temporary Environmental Protection Order (TEPO): In urgent cases, the


court can issue an ex parte TEPO, effective for 72 hours, to protect the
environment.

- Prohibition on TRO and Preliminary Injunction: Except for the Supreme


Court, no court can issue a TRO or preliminary injunction against lawful
actions of government agencies enforcing environmental laws.

- Pre-Trial Conference and Consent Decree: The court encourages parties to


reach a settlement through a consent decree, emphasizing public interest
in environmental cases.
- Trial: The trial is conducted continuously, with affidavits used in lieu of
direct examination, and the one-day examination of witness rule is strictly
adhered to.

Criminal Procedure

- Filing a Complaint: Any offended party, peace officer, or public officer


charged with enforcing environmental law can file a complaint with the
prosecutor’s office.

- Information: An information charging a person with an environmental law


violation is filed with the court.

- Custody and Disposition of Seized Items: Seized items are handled


according to applicable laws or rules. If no specific laws apply, the court
can order an auction sale of the items, with proceeds held in trust for
environmental restoration.

- Arraignment and Plea: The court sets arraignment within 15 days of


acquiring jurisdiction. Plea bargaining arrangements are considered, but
the consent of the concerned government agency is required.

- Pre-Trial: The court holds a pre-trial conference within 30 days of


arraignment, aiming for settlement, marking exhibits, and determining
undisputed facts.

- Trial: The trial is continuous, with affidavits used for direct examination, and
the one-day examination of witness rule applies. The court decides the
case within 10 months of arraignment.

Special Civil Actions

- Writ of Kalikasan: This writ is available to individuals or entities representing


those whose constitutional right to a balanced and healthful ecology is
violated. It is filed with the Supreme Court or Court of Appeals.

- Writ of Continuing Mandamus: This writ is used when a government agency


or officer neglects to perform an act required by environmental law. It is
filed with the Regional Trial Court or Court of Appeals.

Key Features
- Liberalized Standing: A wide range of individuals and entities can file
environmental cases.

- Summary Proceedings: Both complaints and answers must include


affidavits of witnesses and material evidence.

- Precautionary Principle: In cases of potential serious and irreversible


environmental damage, the precautionary principle is applied, giving the
benefit of the doubt to the right to a balanced and healthful ecology.

- Strategic Lawsuit Against Public Participation (SLAPP): A defense against


lawsuits intended to harass or stifle environmental enforcement.

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