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    For DENR Exam

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    SheilaMayCartoneros-Rojales
    Citizens can file lawsuits (citizen suits) to enforce environmental laws or protect constitutional rights to a healthy environment. The court will notify interested parties and allow them to join. If successful, plaintiffs can obtain orders to protect the environment and recover legal costs. Consent decrees allow agreed settlements. A writ of continuing mandamus compels government to enforce environmental laws. A writ of kalikasan provides remedies to protect the environment. Strategic lawsuits against public participation are prohibited if intended to suppress environmental enforcement.

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    For DENR Exam

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    SheilaMayCartoneros-Rojales
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    Citizens can file lawsuits (citizen suits) to enforce environmental laws or protect constitutional rights to a healthy environment. The court will notify interested parties and allow them to join. If successful, plaintiffs can obtain orders to protect the environment and recover legal costs. Consent decrees allow agreed settlements. A writ of continuing mandamus compels government to enforce environmental laws. A writ of kalikasan provides remedies to protect the environment. Strategic lawsuits against public participation are prohibited if intended to suppress environmental enforcement.

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    Citizens can file lawsuits (citizen suits) to enforce environmental laws or protect constitutional rights to a healthy environment. The court will notify interested parties and allow them to join. If successful, plaintiffs can obtain orders to protect the environment and recover legal costs. Consent decrees allow agreed settlements. A writ of continuing mandamus compels government to enforce environmental laws. A writ of kalikasan provides remedies to protect the environment. Strategic lawsuits against public participation are prohibited if intended to suppress environmental enforcement.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    92 views2 pages

    For DENR Exam

    Uploaded by

    SheilaMayCartoneros-Rojales
    Citizens can file lawsuits (citizen suits) to enforce environmental laws or protect constitutional rights to a healthy environment. The court will notify interested parties and allow them to join. If successful, plaintiffs can obtain orders to protect the environment and recover legal costs. Consent decrees allow agreed settlements. A writ of continuing mandamus compels government to enforce environmental laws. A writ of kalikasan provides remedies to protect the environment. Strategic lawsuits against public participation are prohibited if intended to suppress environmental enforcement.

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    OPPOSA VS.

    FACTORAN governmental organization, or any public


    interest group accredited by or registered with
    CITIZENS SUIT – Any Filipino citizen in any government agency, on behalf of persons
    representation of others, including minors or whose constitutional right to a balanced and
    generations yet unborn, may file an action to healthful ecology is violated, or threatened with
    enforce rights or obligations under violation by an unlawful act or omission of a
    environmental laws. Upon the filing of a citizen public official or employee, or private individual
    suit, the court shall issue an order which shall or entity, involving environmental damage of
    contain a brief description of the cause of action such magnitude as to prejudice the life, health,
    and the reliefs prayed for, requiring all or property of inhabitants in two or more cities
    interested parties to manifest their interest to or provinces.
    intervene in the case within fifteen (15) days
    from notice thereof. The plaintiff may publish WRIT OF CONTINUING MANDAMUS – When an
    the order once in a newspaper of general agency or instrumentality of the government or
    circulation in the Philippines or furnish all officer thereof unlawfully neglects the
    affected barangays copies of said order. performance of an act which the law specifically
    enjoins as a duty resulting from an office, trust,
    Relief in a citizen suit – If warranted, the court or station in connection with the enforcement
    may grant to the plaintiff proper reliefs which or violation of an environmental law, rule, or
    shall include the protection, preservation, or regulation or a right therein, or unlawfully
    rehabilitation of the environment and the excludes another from the use or enjoyment of
    payment of attorney’s fees, costs of suit and such right and there is no other plain, speedy,
    other litigation expenses. It may also require the and adequate remedy in the ordinary course of
    violator to submit a program of rehabilitation or law, the person aggrieved thereby may file a
    restoration of the environment, the costs of verified petition in the proper court, alleging the
    which shall be borne by the violator, or to facts with certainty, attaching thereto
    contribute to a special trust fund for that supporting evidence, specifying that the
    purpose subject to the control of the court. petition concerns an environmental law, rule, or
    CONSENT DECREE – refers to a judicially regulation, and praying that judgment be
    approved settlement between concerned rendered commanding the respondent to do an
    parties based on public interest and public act or series of acts until the judgment is fully
    policy to protect and preserve the environment satisfied, and to pay damages sustained by the
    petitioner by reason of the malicious neglect to
    PRECAUTIONARY PRINCIPLE – states that when perform the duties of the respondent, under
    human activities may lead to threats of serious the law, rules, or regulations. The petition shall
    damage to the environment that is scientifically also contain a sworn certification of non-forum
    plausible but uncertain, actions shall be taken to shopping.
    avoid or diminish the threat.
    Strategic Lawsuit Against Public Participation
    WRIT OF KALIKASAN – The writ is a remedy (SLAPP) – refers to an action whether civil,
    available to a natural or juridical person, entity criminal, or administrative, brought against any
    authorized by law, people’s organization, non- person, institution, or any government agency
    or local government unit or its officials and
    employees, with the intent to harass, vex, exert
    undue pressure or stifle any legal recourse that
    such person, institution, or government agency
    has taken or may take in the enforcement of
    environmental laws, protection of the
    environment or assertion of environmental
    rights.

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