Rules of

Procedure for
Environmental
Cases
A.M. No. 09-6-8-SC

ATTY. JOSEPH D. DELOS

SANTOS
Deputy Division Chief
Legal Division, MIMAROPA
Outline
Part I Scope
Objectives

Part II Civil Procedure

Part III Special Civil Actions

Part IV Criminal Procedure

Part V Evidence

Part VI Search Warrant and Institution of Criminal

Action

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Introduction
THREE GENERATIONS OF HUMAN RIGHTS

FIRST GENERATION - Civil and Political

Rights

SECOND GENERATION - Socio-Economical and

Cultural Rights

THIRD GENERATION - Solidarity Rights

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con’t of Introduction

RIGHT TO A (HEALTHY) ENVIRONMENT IS HUMAN

RIGHT

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con’t of Introduction
RULE-MAKING POWER OF THE SUPREME COURT

Sec. 5 (5), Art. VIII, Philippine Constitution

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged.

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Part I - Scope
1.Act No. 3572, Prohibition Against Cutting of Tindalo,
Akli, and Molave Trees
2. P.D. 705, Revised Forestry Code, as amended
3. P.D. No. 856, Sanitation Code
4. P.D. No. 979, Marine Pollution Decree
5. P.D. No. 1067, Water Code
6. P.D. No. 1151, Philippine Environmental Policy of 1977
7. P.D. No. 1433, Plant Quarantine Law of 1978
8. P.D. No. 1586, Establishing an Environmental Impact
Statement System Including Other Environmental
Management Related Measures and for Other Purposes

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Con’t. of SCOPE
9. R.A. No. 3571, Prohibition Against the Cutting,
Destroying or Injuring of Planted or Growing Trees,
Flowering Plants and Shrubs or Plants of Scenic Value
along Public Roads, in Plazas, Parks, School Premises or in
any Other Public Ground
10. R.A. No. 4850, Laguna Lake Development Authority Act
11. R.A. No. 6969, Toxic Substances and Hazardous Waste
Act
12. R.A. No. 7076, People’s Small-Scale Mining Act
13. R.A. No. 7586, NIPAS Act
14. R.A. No. 7611, Strategic Environmental Plan for Palawan
Act
15. R.A. No. 7942, Philippine Mining Act

7 July 22, 2012 Footer text here

Con’t. of SCOPE
16. R.A. No. 8371, Indigenous Peoples Rights
Act
17. R.A. No. 8550, Philippine Fisheries Code
18. R.A. No. 8749, Clean Air Act
19. R.A. No. 9003, Ecological Solid Waste
Management Act
20. R.A. No. 9072, National Caves and Cave
Resources Management Act
21. R.A. No. 9147, Wildlife Conservation and
Protection Act
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Part I - Objectives

To protect and advance the constitutional right of the people to a

balanced and healthful ecology

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con’t of Objectives

To provide a simplified, speedy and inexpensive

procedure for the enforcement of environmental
rights and duties recognized under the Constitution,
existing laws, rules and regulations, and
international agreements

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con’t of Objectives

To introduce and adopt innovations and best

practices ensuring the effective enforcement
or remedies and redress for violation of
environmental laws
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con’t of Objectives

To enable the courts to monitor and

exact compliance with orders and
judgments in environmental cases
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Procedure

PLEADINGS

1. Complaint
2. Answer
3. Compulsory counterclaim and cross-claim
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Procedure
PROHIBITED PLEADINGS

1.Motion to dismiss the complaint

2.Motion for a bill of particulars
3.Motion for extension of time to file
pleadings, except 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

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con’t of Civil Procedure

VERIFIED COMPLAINT

Evidence all in, judicial affidavits, and statement that the

case is an environmental case
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Procedure

REAL PARTY IN INTEREST

One who actually possesses the substantive right being

asserted and has a legal right to enforce the claim.

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con’t of Civil Procedure

CITIZEN SUIT

Filing of an action in representation of others, including

minors or generations yet unborn (LIBERALIZED STANDING)

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con’t of Civil Procedure

TEMPORARY ENVIRONMENTAL PROTECTION ORDER

Order issued by the court directing or enjoining any

person or government agency to perform or desist from
performing an act in order to protect, preserve, or
rehabilitate the environment
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con’t of Civil Procedure

MEDIATION, PRE-CONFERENCE, PRE-TRIAL

Consent Decree is a judicially-approved settlement

between concerned parties based on public interest and
public policy to protect and preserve the environment.
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con’t of Civil Procedure

TRIAL

Continuous trial for 2 months

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con’t of Civil Procedure

TRIAL

Affidavits in lieu of direct examination

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con’t of Civil Procedure

TRIAL

One-day examination of witness rule

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con’t of Civil Procedure

JUDGMENT AND EXECUTION

Judgment is not confined to monetary award but

may include the protection, preservation or
rehabilitation of the environment, or contribute to a
special trust fund
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con’t of Civil Procedure

not stayed by appeal

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con’t of Civil Procedure

Permanent EPO, writ of continuing mandamus,

monitor the execution of the judgment

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con’t of Civil Procedure
STRATEGIC LAWSUIT AGAINST
PUBLIC PARTICIPATION
(SLAPP)

a legal action filed to harass, vex,

exert undue pressure or stifle any
legal recourse that any person,
institution or the government has
taken or may take in the enforcement
of environmental laws, protection of
the environmental rights.

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Actions

WRIT OF KALIKASAN
The emphasis is on the magnitude of the environmental damage
that transcends political and environmental damage.
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Actions

WRIT OF CONTINUING MANDAMUS

Concerned residents of Manila Bay v. MMDA, DENR, et. al.

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Con’t of Special Civil Actions
WRIT OF CONTINUING MANDAMUS WRIT OF KALIKASAN

Against unlawful neglect in the Unlawful act or omission of a

performance of an act public office or private individual

Filed by any person or entity May be filed against a private

against the government only individual or entity

Filed at the RTC, CA or SC Only at the CA or SC

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Part IV – Criminal
Procedure

WHO MAY FILE

Any offended party, peace officer or
pubic officer charged with the
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enforcement of an environmental law
con’t of Criminal Procedure
Can police officers directly file the complaints
without involving other government agencies
such as the DENR or BFAR?

Yes, they can file the case directly if technical

consideration is not necessary to determine probable
cause. However, in cases where technical
certifications are necessary, then the corresponding
agency must be involved for the case to prosper.

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con’t of Criminal Procedure

SPECIAL PROSECUTOR

where there is no private offended, a counsel whose

services are offered by any person or organization
may be allowed by the court as special prosecutor.
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con’t of Criminal Procedure

ARREST

A peace officer or an individual deputized by the proper

government agency may arrest without a warrant.

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con’t of Criminal Procedure
How are duly deputized environmental law
enforcers protected when effecting arrest?

They enjoy the presumption of regularity in the

performance of official duty, when effecting arrests
for violations of environmental laws.

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con’t of Criminal Procedure

CUSTODY BY ADMINISTRATIVE AGENCY

The administrative agency which has authority under law to regulate

the item subject of seizure retains authority to assume custody over
and dispose of seized items.

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con’t of Criminal Procedure

BAIL

May be applied by the accused from any court, within and

outside the jurisdiction of the court which issued the
warrant of arrest.
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con’t of Criminal Procedure

BAIL

Execution of an undertaking by the accused and counsel,

empowering the judge to enter a plea of not guilty, in the
event the accused fails to appear at the arraignment.

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con’t of Criminal Procedure

ARRAIGNMENT AND PLEA

Consent of the offended party or concerned

government agency to have a valid plea-bargaining
agreement.
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con’t of Criminal Procedure

PRE-TRIAL

The rule on pre-trial has been detailed in this

portion in order to guide the courts. Parties are
required to be under oath.
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con’t of Criminal Procedure

TRIAL

Continuous trial. Affidavits in lieu of direct

examination. Pro bono lawyers for the accused.
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con’t of Criminal Procedure

SUBSIDIARY LIABILITY

Philippine Rabbit Bus Lines, Inc. v. People of the Philippines

G.R. No. 147703, April 14, 2004

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Part V – Evidence

PRECAUTIONARY PRINCIPLE
The principle states that in cases where human activities may
lead to threats of serious and irreversible damage to the
environment that is scientifically plausible but uncertain,
precautionary principle shall be applied. In such case, actions
shall be taken to avoid or diminish that threat .

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con’t. of Evidence

DOCUMENTARY EVIDENCE

Photographic, video, and similar evidence; Entries in official

records

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SEARCH WARRANT

An order in writing issued in the name of the

People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
search for personal property described therein
and bring it before the court.
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SEARCH WARRANT

PROBABLE CAUSE
Such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the
offense are in the place sought to be searched.

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SEARCH WARRANT

PARTICULARITY OF THE ITEMS

Does not demand exact and technical accuracy in the

description of things to be seized.

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SEARCH WARRANT

SERVICE OF WARRANT

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FILING OF COMPLAINT

JURISDICTION

The authority to hear, try and decide/resolve a

particular offense.
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con’t of COMPLAINT
AFFIDAVIT COMPLAINT

A sworn statement charging a person with an

offense subscribed by the offended party,
any peace officer, or other officer charged
with the enforcement of the law violated.

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con’t of COMPLAINT

ATTACHMENTS TO THE COMPLAINT

1. Sworn statement of the apprehending officers
2. Affidavits of witnesses
3. Seizure receipt or statement showing the number, sizes
and volume of logs/timber/forest products
4. Photographs
5. Certification from the DENR that the offender is not a
holder of a valid and subsisting license, permit or any
other authorization to cut, gather or remove timber or
other forest products
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con’t of COMPLAINT

PRELIMINARY INVESTIGATION
An inquiry or proceeding for the purpose of determining whether there is
sufficient ground to engender a well founded belief that a crime has
been committed and that the respondent is probably guilty thereof, and
should be held for trial.

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con’t of COMPLAINT

RESOLUTION OF PRELIMINARY INVESTIGATION

No complaint or information may be filed or dismissed by the

investigating fiscal without the prior written authority or
approval of the provincial or city fiscal.

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con’t of COMPLAINT

RESOLUTION OF PRELIMINARY INVESTIGATION

Information shall be filed in court upon approval of the resolution. The

judge may issue a warrant for the arrest of the accused.

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con’t of COMPLAINT

WARRANTLESS ARREST
a. when, in the presence of the arresting officer, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense; or

b. When an offense has in fact just been committed, and the arresting officer has personal knowledge of
facts indicating that the person to be arrested has committed it.

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con’t of COMPLAINT

WARRANTLESS ARREST

1.Upon arrest, arresting officer should execute a sworn

statement.
2.Forest products shall be seized then scaled or measured.
3.Photographs shall be taken of the forest products.
4.The arrested persons shall be delivered to the nearest
police station or jail

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con’t of COMPLAINT

WARRANTLESS ARREST

5. The forest officer shall refer the complaint to the

inquest fiscal
6. Upon finding of a prima facie case, the inquest
fiscal shall recommend the filing of the information
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con’t of COMPLAINT

INQUEST PROCEEDINGS
An informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by
the court for the purpose of determining whether or not said
persons should remain under custody and correspondingly
charged in court.

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Thank you!