A.M. No.

09-6-8-SC laws that relate to the conservation, development, preservation,

protection and utilization of the environment and natural resources.
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
Section 3. Objectives. - The objectives of these Rules are:
PART I
(a) To protect and advance the constitutional right of the
RULE 1 people to a balanced and healthful ecology;
GENERAL PROVISIONS
(b) To provide a simplified, speedy and inexpensive
Section 1. Title. — These Rules shall be known as "The Rules of procedure for the enforcement of environmental rights
Procedure for Environmental Cases." and duties recognized under the Constitution, existing
laws, rules and regulations, and international agreements;
Section 2. Scope. — These Rules shall govern the procedure in
civil, criminal and special civil actions before the Regional Trial (c) To introduce and adopt innovations and best practices
Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, ensuring the effective enforcement of remedies and
Municipal Trial Courts and Municipal Circuit Trial Courts involving redress for violation of environmental laws; and
enforcement or violations of environmental and other related laws,
rules and regulations such as but not limited to the following: (d) To enable the courts to monitor and exact compliance
with orders and judgments in environmental cases.
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave
Trees; Section 4. Definition of Terms. -
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code; (a) By-product or derivatives means any part taken or
(d) P.D. No. 979, Marine Pollution Decree; substance extracted from wildlife, in raw or in processed
(e) P.D. No. 1067, Water Code; form including stuffed animals and herbarium
(f) P.D. No. 1151, Philippine Environmental Policy of 1977; specimens. 1avvphi1
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental Impact Statement (b) Consent decree refers to a judicially-approved
System Including Other Environmental Management Related Measures settlement between concerned parties based on public
and for Other Purposes; interest and public policy to protect and preserve the
(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring environment.
of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of
Scenic Value along Public Roads, in Plazas, Parks, School Premises or in (c) Continuing mandamus is a writ issued by a court in an
any Other Public Ground; environmental case directing any agency or
(j) R.A. No. 4850, Laguna Lake Development Authority Act; instrumentality of the government or officer thereof to
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act; perform an act or series of acts decreed by final judgment
(l) R.A. No. 7076, People’s Small-Scale Mining Act; which shall remain effective until judgment is fully
(m) R.A. No. 7586, National Integrated Protected Areas System Act satisfied.
including all laws, decrees, orders, proclamations and issuances
establishing protected areas; (d) Environmental protection order (EPO) refers to an
(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act; order issued by the court directing or enjoining any person
(o) R.A. No. 7942, Philippine Mining Act; or government agency to perform or desist from
(p) R.A. No. 8371, Indigenous Peoples Rights Act; performing an act in order to protect, preserve or
(q) R.A. No. 8550, Philippine Fisheries Code; rehabilitate the environment.
(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste Management Act; (e) Mineral refers to all naturally occurring inorganic
(t) R.A. No. 9072, National Caves and Cave Resource Management Act; substance in solid, gas, liquid, or any intermediate state
(u) R.A. No. 9147, Wildlife Conservation and Protection Act; excluding energy materials such as coal, petroleum,
(v) R.A. No. 9175, Chainsaw Act; natural gas, radioactive materials and geothermal energy.
(w) R.A. No. 9275, Clean Water Act;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and (f) Precautionary principle states that when human
(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, activities may lead to threats of serious and irreversible
Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local damage to the environment that is scientifically plausible
Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the but uncertain, actions shall be taken to avoid or diminish
Revised Forestry Code and Other Environmental Laws (Amending the that threat.
NIRC); R.A. No. 7308, Seed Industry Development Act of 1992; R.A. No.
7900, High-Value Crops Development (g) Strategic lawsuit against public participation (SLAPP)
refers to an action whether civil, criminal or administrative,
Rules of Procedure for Environmental Cases Act; R.A. No. brought against any person, institution or any government
8048, Coconut Preservation Act; R.A. No. 8435, Agriculture and agency or local government unit or its officials and
Fisheries Modernization Act of 1997; R.A. No. 9522, The Philippine employees, with the intent to harass, vex, exert undue
Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act pressure or stifle any legal recourse that such person,
of 2008; R.A. No. 9637, Philippine Biofuels Act; and other existing institution or government agency has taken or may take in
 the enforcement of environmental laws, protection of the Upon the filing of a citizen suit, the court shall issue an order which
environment or assertion of environmental rights. shall contain a brief description of the cause of action and the
reliefs prayed for, requiring all interested parties to manifest their
(h) Wildlife means wild forms and varieties of flora and interest to intervene in the case within fifteen (15) days from notice
fauna, in all developmental stages including those which thereof. The plaintiff may publish the order once in a newspaper of
are in captivity or are being bred or propagated. a general circulation in the Philippines or furnish all affected
barangays copies of said order.
PART II
CIVIL PROCEDURE Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be
governed by their respective provisions.
RULE 2
PLEADINGS AND PARTIES Section 6. Service of the complaint on the government or its
agencies. - Upon the filing of the complaint, the plaintiff is required
to furnish the government or the appropriate agency, although not
Section 1. Pleadings and motions allowed. — The pleadings and a party, a copy of the complaint. Proof of service upon the
motions that may be filed are complaint, answer which may include government or the appropriate agency shall be attached to the
compulsory counterclaim and cross-claim, motion for intervention, complaint.
motion for discovery and motion for reconsideration of the
judgment.
Section 7. Assignment by raffle. - If there is only one (1)
designated branch in a multiple-sala court, the executive judge
Motion for postponement, motion for new trial and petition for relief shall immediately refer the case to said branch. If there are two (2)
from judgment shall be allowed in highly meritorious cases or to or more designated branches, the executive judge shall conduct a
prevent a manifest miscarriage of justice. special raffle on the day the complaint is filed.

Section 2. Prohibited pleadings or motions. — The following Section 8. Issuance of Temporary Environmental Protection Order
pleadings or motions shall not be allowed: (TEPO). - If it appears from the verified complaint with a prayer for
the issuance of an Environmental Protection Order (EPO) that the
(a) Motion to dismiss the complaint; matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the executive judge of the multiple-
(b) Motion for a bill of particulars; sala court before raffle or the presiding judge of a single-sala court
as the case may be, may issue ex parte a TEPO effective for only
seventy-two (72) hours from date of the receipt of the TEPO by the
(c) Motion for extension of time to file pleadings, except to party or person enjoined. Within said period, the court where the
file answer, the extension not to exceed fifteen (15) days; case is assigned, shall conduct a summary hearing to determine
whether the TEPO may be extended until the termination of the
(d) Motion to declare the defendant in default; case.

(e) Reply and rejoinder; and The court where the case is assigned, shall periodically monitor the
existence of acts that are the subject matter of the TEPO even if
issued by the executive judge, and may lift the same at any time as
(f) Third party complaint.
circumstances may warrant.

Section 3. Verified complaint. — The verified complaint shall

The applicant shall be exempted from the posting of a bond for the
contain the names of the parties, their addresses, the cause of
issuance of a TEPO.
action and the reliefs prayed for.

Section 9. Action on motion for dissolution of TEPO. - The

The plaintiff shall attach to the verified complaint all evidence
grounds for motion to dissolve a TEPO shall be supported by
proving or supporting the cause of action consisting of the
affidavits of the party or person enjoined which the applicant may
affidavits of witnesses, documentary evidence and if possible,
oppose, also by affidavits.
object evidence. The affidavits shall be in question and answer
form and shall comply with the rules of admissibility of evidence.
The TEPO may be dissolved if it appears after hearing that its
issuance or continuance would cause irreparable damage to the
The complaint shall state that it is an environmental case and the
party or person enjoined while the applicant may be fully
law involved. The complaint shall also include a certification
compensated for such damages as he may suffer and subject to
against forum shopping. If the complaint is not an environmental
the posting of a sufficient bond by the party or person enjoined.
complaint, the presiding judge shall refer it to the executive judge
for re-raffle.
Section 10. Prohibition against temporary restraining order (TRO)
and preliminary injunction. - Except the Supreme Court, no court
Section 4. Who may file. — Any real party in interest, including the
can issue a TRO or writ of preliminary injunction against lawful
government and juridical entities authorized by law, may file a civil
actions of government agencies that enforce environmental laws or
action involving the enforcement or violation of any environmental
prevent violations thereof.
law.

Section 11. Report on TEPO, EPO, TRO or preliminary

Section 5. Citizen suit. — Any Filipino citizen in representation of
injunction. - The judge shall report any action taken on a TEPO,
others, including minors or generations yet unborn, may file an
EPO, TRO or a preliminary injunction, including its modification
action to enforce rights or obligations under environmental laws.
and dissolution, to the Supreme Court, through the Office of the The court shall schedule the pre-trial and set as many pre-trial
Court Administrator, within ten (10) days from the action taken. conferences as may be necessary within a period of two (2)
months counted from the date of the first pre-trial conference.
Section 12. Payment of filing and other legal fees. - The payment
of filing and other legal fees by the plaintiff shall be deferred until Section 2. Pre-trial brief. - At least three (3) days before the
after judgment unless the plaintiff is allowed to litigate as an pretrial, the parties shall submit pre-trial briefs containing the
indigent. It shall constitute a first lien on the judgment award. following:

For a citizen suit, the court shall defer the payment of filing and (a) A statement of their willingness to enter into an
other legal fees that shall serve as first lien on the judgment award. amicable settlement indicating the desired terms thereof
or to submit the case to any of the alternative modes of
Section 13. Service of summons, orders and other court dispute resolution;
processes. - The summons, orders and other court processes may
be served by the sheriff, his deputy or other proper court officer or (b) A summary of admitted facts and proposed stipulation
for justifiable reasons, by the counsel or representative of the of facts;
plaintiff or any suitable person authorized or deputized by the court
issuing the summons. (c) The legal and factual issues to be tried or resolved.
For each factual issue, the parties shall state all evidence
Any private person who is authorized or deputized by the court to to support their positions thereon. For each legal issue,
serve summons, orders and other court processes shall for that parties shall state the applicable law and jurisprudence
purpose be considered an officer of the court. supporting their respective positions thereon;

The summons shall be served on the defendant, together with a (d) The documents or exhibits to be presented, including
copy of an order informing all parties that they have fifteen (15) depositions, answers to interrogatories and answers to
days from the filing of an answer, within which to avail of written request for admission by adverse party, stating the
interrogatories to parties under Rule 25 of the Rules of Court and purpose thereof;
request for admission by adverse party under Rule 26, or at their
discretion, make use of depositions under Rule 23 or other (e) A manifestation of their having availed of discovery
measures under Rules 27 and 28. procedures or their intention to avail themselves of
referral to a commissioner or panel of experts;
Should personal and substituted service fail, summons by
publication shall be allowed. In the case of juridical entities, (f) The number and names of the witnesses and the
summons by publication shall be done by indicating the names of substance of their affidavits;
the officers or their duly authorized representatives.
(g) Clarificatory questions from the parties; and
Section 14. Verified answer. - Within fifteen (15) days from receipt
of summons, the defendant shall file a verified answer to the
complaint and serve a copy thereof on the plaintiff. The defendant (h) List of cases arising out of the same facts pending
shall attach affidavits of witnesses, reports, studies of experts and before other courts or administrative agencies. Failure to
all evidence in support of the defense. comply with the required contents of a pre-trial brief may
be a ground for contempt.
Affirmative and special defenses not pleaded shall be deemed
waived, except lack of jurisdiction. Failure to file the pre-trial brief shall have the same effect as failure
to appear at the pre-trial.
Cross-claims and compulsory counterclaims not asserted shall be
considered barred. The answer to counterclaims or cross-claims Section 3. Referral to mediation. - At the start of the pre-trial
shall be filed and served within ten (10) days from service of the conference, the court shall inquire from the parties if they have
answer in which they are pleaded. settled the dispute; otherwise, the court shall immediately refer the
parties or their counsel, if authorized by their clients, to the
Philippine Mediation Center (PMC) unit for purposes of mediation.
Section 15. Effect of failure to answer. - Should the defendant fail If not available, the court shall refer the case to the clerk of court or
to answer the complaint within the period provided, the court shall legal researcher for mediation.
declare defendant in default and upon motion of the plaintiff, shall
receive evidence ex parte and render judgment based thereon and
the reliefs prayed for. Mediation must be conducted within a non-extendible period of
thirty (30) days from receipt of notice of referral to mediation.
RULE 3
PRE-TRIAL The mediation report must be submitted within ten (10) days from
the expiration of the 30-day period.
Section 1. Notice of pre-trial. - Within two (2) days from the filing of
the answer to the counterclaim or cross-claim, if any, the branch Section 4. Preliminary conference. - If mediation fails, the court will
clerk of court shall issue a notice of the pre-trial to be held not later schedule the continuance of the pre-trial. Before the scheduled
than one (1) month from the filing of the last pleading. date of continuance, the court may refer the case to the branch
clerk of court for a preliminary conference for the following
purposes:
 (a) To assist the parties in reaching a settlement; (a) Adopt the minutes of the preliminary conference as
part of the pre-trial proceedings and confirm the markings
(b) To mark the documents or exhibits to be presented by of exhibits or substituted photocopies and admissions on
the parties and copies thereof to be attached to the the genuineness and due execution of documents;
records after comparison with the originals;
(b) Determine if there are cases arising out of the same
(c) To ascertain from the parties the undisputed facts and facts pending before other courts and order its
admissions on the genuineness and due execution of the consolidation if warranted;
documents marked as exhibits;
(c) Determine if the pleadings are in order and if not, order
(d) To require the parties to submit the depositions taken the amendments if necessary;
under Rule 23 of the Rules of Court, the answers to
written interrogatories under Rule 25, and the answers to (d) Determine if interlocutory issues are involved and
request for admissions by the adverse party under Rule resolve the same;
26;
(e) Consider the adding or dropping of parties;
(e) To require the production of documents or things
requested by a party under Rule 27 and the results of the (f) Scrutinize every single allegation of the complaint,
physical and mental examination of persons under Rule answer and other pleadings and attachments thereto, and
28; the contents of documents and all other evidence
identified and pre-marked during pre-trial in determining
(f) To consider such other matters as may aid in its further admissions;
prompt disposition;
(g) Obtain admissions based on the affidavits of
(g) To record the proceedings in the "Minutes of witnesses and evidence attached to the pleadings or
Preliminary Conference" to be signed by both parties or submitted during pre-trial;
their counsels;
(h) Define and simplify the factual and legal issues arising
(h) To mark the affidavits of witnesses which shall be in from the pleadings and evidence. Uncontroverted issues
question and answer form and shall constitute the direct and frivolous claims or defenses should be eliminated;
examination of the witnesses; and
(i) Discuss the propriety of rendering a summary judgment
(i) To attach the minutes together with the marked exhibits or a judgment based on the pleadings, evidence and
before the pre-trial proper. admissions made during pre-trial;

The parties or their counsel must submit to the branch clerk of (j) Observe the Most Important Witness Rule in limiting
court the names, addresses and contact numbers of the affiants. the number of witnesses, determining the facts to be
proved by each witness and fixing the approximate
During the preliminary conference, the branch clerk of court shall number of hours per witness;
also require the parties to submit the depositions taken under Rule
23 of the Rules of Court, the answers to written interrogatories (k) Encourage referral of the case to a trial by
under Rule 25 and the answers to request for admissions by the commissioner under Rule 32 of the Rules of Court or to a
adverse party under Rule 26. The branch clerk of court may also mediator or arbitrator under any of the alternative modes
require the production of documents or things requested by a party of dispute resolution governed by the Special Rules of
under Rule 27 and the results of the physical and mental Court on Alternative Dispute Resolution;
examination of persons under Rule 28.
(l) Determine the necessity of engaging the services of a
Section 5. Pre-trial conference; consent decree. - The judge shall qualified expert as a friend of the court (amicus curiae);
put the parties and their counsels under oath, and they shall and
remain under oath in all pre-trial conferences.
(m) Ask parties to agree on the specific trial dates for
The judge shall exert best efforts to persuade the parties to arrive continuous trial, comply with the one-day examination of
at a settlement of the dispute. The judge may issue a consent witness rule, adhere to the case flow chart determined by
decree approving the agreement between the parties in the court which shall contain the different stages of the
accordance with law, morals, public order and public policy to proceedings up to the promulgation of the decision and
protect the right of the people to a balanced and healthful ecology. use the time frame for each stage in setting the trial dates.

Evidence not presented during the pre-trial, except newly- Section 7. Effect of failure to appear at pre-trial. - The court shall
discovered evidence, shall be deemed waived. not dismiss the complaint, except upon repeated and unjustified
failure of the plaintiff to appear. The dismissal shall be without
Section 6. Failure to settle. - If there is no full settlement, the judge prejudice, and the court may proceed with the counterclaim.
shall:
If the defendant fails to appear at the pre-trial, the court shall
receive evidence ex parte.
Section 8. Minutes of pre-trial. - The minutes of each pre-trial Section 1. Reliefs in a citizen suit. - If warranted, the court may
conference shall contain matters taken up therein, more grant to the plaintiff proper reliefs which shall include the
particularly admissions of facts and exhibits, and shall be signed by protection, preservation or rehabilitation of the environment and
the parties and their counsel. the payment of attorney’s fees, costs of suit and other litigation
expenses. It may also require the violator to submit a program of
Section 9. Pre-trial order. - Within ten (10) days after the rehabilitation or restoration of the environment, the costs of which
termination of the pre-trial, the court shall issue a pre-trial order shall be borne by the violator, or to contribute to a special trust
setting forth the actions taken during the pre-trial conference, the fund for that purpose subject to the control of the court.
facts stipulated, the admissions made, the evidence marked, the
number of witnesses to be presented and the schedule of trial. Section 2. Judgment not stayed by appeal. - Any judgment
Said order shall bind the parties, limit the trial to matters not directing the performance of acts for the protection, preservation or
disposed of and control the course of action during the trial. rehabilitation of the environment shall be executory pending appeal
unless restrained by the appellate court.
Section 10. Efforts to settle. - The court shall endeavor to make
the parties agree to compromise or settle in accordance with law at Section 3. Permanent EPO; writ of continuing mandamus. - In the
any stage of the proceedings before rendition of judgment. judgment, the court may convert the TEPO to a permanent EPO or
issue a writ of continuing mandamus directing the performance of
RULE 4 acts which shall be effective until the judgment is fully satisfied.
TRIAL
The court may, by itself or through the appropriate government
Section 1. Continuous trial. - The judge shall conduct continuous agency, monitor the execution of the judgment and require the
trial which shall not exceed two (2) months from the date of the party concerned to submit written reports on a quarterly basis or
issuance of the pre-trial order. sooner as may be necessary, detailing the progress of the
execution and satisfaction of the judgment. The other party may, at
its option, submit its comments or observations on the execution of
Before the expiration of the two-month period, the judge may ask the judgment.
the Supreme Court for the extension of the trial period for justifiable
cause.
Section 4. Monitoring of compliance with judgment and orders of
the court by a commissioner. - The court may motu proprio, or
Section 2. Affidavits in lieu of direct examination. - In lieu of direct upon motion of the prevailing party, order that the enforcement of
examination, affidavits marked during the pre-trial shall be the judgment or order be referred to a commissioner to be
presented as direct examination of affiants subject to cross- appointed by the court. The commissioner shall file with the court
written progress reports on a quarterly basis or more frequently
examination by the adverse party. when necessary.

Section 3. One-day examination of witness rule. - The court shall Section 5. Return of writ of execution. - The process of execution
strictly adhere to the rule that a witness has to be fully examined in shall terminate upon a sufficient showing that the decision or order
one (1) day, subject to the court’s discretion of extending the has been implemented to the satisfaction of the court in
examination for justifiable reason. After the presentation of the last accordance with Section 14, Rule 39 of the Rules of Court.
witness, only oral offer of evidence shall be allowed, and the
opposing party shall immediately interpose his objections. The RULE 6
judge shall forthwith rule on the offer of evidence in open court. STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

Section 4. Submission of case for decision; filing of memoranda. - Section 1. Strategic lawsuit against public participation (SLAPP). -
After the last party has rested its case, the court shall issue an A legal action filed to harass, vex, exert undue pressure or stifle
order submitting the case for decision. any legal recourse that any person, institution or the government
has taken or may take in the enforcement of environmental laws,
The court may require the parties to submit their respective protection of the environment or assertion of environmental rights
memoranda, if possible in electronic form, within a non-extendible shall be treated as a SLAPP and shall be governed by these
period of thirty (30) days from the date the case is submitted for Rules.
decision.
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed
The court shall have a period of sixty (60) days to decide the case against a person involved in the enforcement of environmental
from the date the case is submitted for decision. laws, protection of the environment, or assertion of environmental
rights, the defendant may file an answer interposing as a defense
Section 5. Period to try and decide. - The court shall have a period that the case is a SLAPP and shall be supported by documents,
of one (1) year from the filing of the complaint to try and decide the affidavits, papers and other evidence; and, by way of counterclaim,
case. Before the expiration of the one-year period, the court may pray for damages, attorney’s fees and costs of suit.
petition the Supreme Court for the extension of the period for
justifiable cause. The court shall direct the plaintiff or adverse party to file an
opposition showing the suit is not a SLAPP, attaching evidence in
The court shall prioritize the adjudication of environmental cases. support thereof, within a non-extendible period of five (5) days from
receipt of notice that an answer has been filed.

RULE 5
JUDGMENT AND EXECUTION
The defense of a SLAPP shall be set for hearing by the court after claim involving the same issues in any court, tribunal or
issuance of the order to file an opposition within fifteen (15) days quasi-judicial agency, and no such other action or claim is
from filing of the comment or the lapse of the period. pending therein; (2) if there is such other pending action
or claim, a complete statement of its present status; (3) if
Section 3. Summary hearing. - The hearing on the defense of a petitioner should learn that the same or similar action or
SLAPP shall be summary in nature. The parties must submit all claim has been filed or is pending, petitioner shall report
available evidence in support of their respective positions. The to the court that fact within five (5) days therefrom; and
party seeking the dismissal of the case must prove by substantial
evidence that his act for the enforcement of environmental law is a (f) The reliefs prayed for which may include a prayer for
legitimate action for the protection, preservation and rehabilitation the issuance of a TEPO.
of the environment. The party filing the action assailed as a SLAPP
shall prove by preponderance of evidence that the action is not a Section 3. Where to file. - The petition shall be filed with the
SLAPP and is a valid claim. Supreme Court or with any of the stations of the Court of Appeals.

Section 4. Resolution of the defense of a SLAPP. - The affirmative Section 4. No docket fees. - The petitioner shall be exempt from
defense of a SLAPP shall be resolved within thirty (30) days after the payment of docket
the summary hearing. If the court dismisses the action, the court
may award damages, attorney’s fees and costs of suit under a
counterclaim if such has been filed. The dismissal shall be with fees.
prejudice.
Section 5. Issuance of the writ. - Within three (3) days from the
If the court rejects the defense of a SLAPP, the evidence adduced date of filing of the petition, if the petition is sufficient in form and
during the summary hearing shall be treated as evidence of the substance, the court shall give an order: (a) issuing the writ; and
parties on the merits of the case. The action shall proceed in (b) requiring the respondent to file a verified return as provided in
accordance with the Rules of Court. Section 8 of this Rule. The clerk of court shall forthwith issue the
writ under the seal of the court including the issuance of a cease
and desist order and other temporary reliefs effective until further
PART III order.
SPECIAL CIVIL ACTIONS
Section 6. How the writ is served. - The writ shall be served upon
RULE 7 the respondent by a court officer or any person deputized by the
WRIT OF KALIKASAN court, who shall retain a copy on which to make a return of service.
In case the writ cannot be served personally, the rule on
Section 1. Nature of the writ. - The writ is a remedy available to a substituted service shall apply.
natural or juridical person, entity authorized by law, people’s
organization, non-governmental organization, or any public interest Section 7. Penalty for refusing to issue or serve the writ. - A clerk
group accredited by or registered with any government agency, on of court who unduly delays or refuses to issue the writ after its
behalf of persons whose constitutional right to a balanced and allowance or a court officer or deputized person who unduly delays
healthful ecology is violated, or threatened with violation by an or refuses to serve the same shall be punished by the court for
unlawful act or omission of a public official or employee, or private contempt without prejudice to other civil, criminal or administrative
individual or entity, involving environmental damage of such actions.
magnitude as to prejudice the life, health or property of inhabitants
in two or more cities or provinces.
Section 8. Return of respondent; contents. - Within a non-
extendible period of ten (10) days after service of the writ, the
Section 2. Contents of the petition. - The verified petition shall respondent shall file a verified return which shall contain all
contain the following: defenses to show that respondent did not violate or threaten to
violate, or allow the violation of any environmental law, rule or
(a) The personal circumstances of the petitioner; regulation or commit any act resulting to environmental damage of
such magnitude as to prejudice the life, health or property of
(b) The name and personal circumstances of the inhabitants in two or more cities or provinces.
respondent or if the name and personal circumstances
are unknown and uncertain, the respondent may be All defenses not raised in the return shall be deemed waived.
described by an assumed appellation;
The return shall include affidavits of witnesses, documentary
(c) The environmental law, rule or regulation violated or evidence, scientific or other expert studies, and if possible, object
threatened to be violated, the act or omission complained evidence, in support of the defense of the respondent.
of, and the environmental damage of such magnitude as
to prejudice the life, health or property of inhabitants in A general denial of allegations in the petition shall be considered
two or more cities or provinces. as an admission thereof.

(d) All relevant and material evidence consisting of the Section 9. Prohibited pleadings and motions. - The following
affidavits of witnesses, documentary evidence, scientific pleadings and motions are prohibited:
or other expert studies, and if possible, object evidence;
(a) Motion to dismiss;
(e) The certification of petitioner under oath that: (1)
petitioner has not commenced any action or filed any
 (b) Motion for extension of time to file return; and permit their inspection, copying or photographing by
or on behalf of the movant.
(c) Motion for postponement;
The production order shall specify the person or persons
(d) Motion for a bill of particulars; authorized to make the production and the date, time, place and
manner of making the inspection or production and may prescribe
other conditions to protect the constitutional rights of all parties.
(e) Counterclaim or cross-claim;
Section 13. Contempt. - The court may after hearing punish the
(f) Third-party complaint; respondent who refuses or unduly delays the filing of a return, or
who makes a false return, or any person who disobeys or resists a
(g) Reply; and lawful process or order of the court for indirect contempt under
Rule 71 of the Rules of Court.
(h) Motion to declare respondent in default.
Section 14. Submission of case for decision; filing of
Section 10. Effect of failure to file return. - In case the respondent memoranda. - After hearing, the court shall issue an order
fails to file a return, the court shall proceed to hear the petition ex submitting the case for decision. The court may require the filing of
parte. memoranda and if possible, in its electronic form, within a non-
extendible period of thirty (30) days from the date the petition is
submitted for decision.
Section 11. Hearing. - Upon receipt of the return of the
respondent, the court may call a preliminary conference to simplify
the issues, determine the possibility of obtaining stipulations or Section 15. Judgment. - Within sixty (60) days from the time the
admissions from the parties, and set the petition for hearing. petition is submitted for decision, the court shall render judgment
granting or denying the privilege of the writ of kalikasan.

The hearing including the preliminary conference shall not extend

beyond sixty (60) days and shall be given the same priority as The reliefs that may be granted under the writ are the following:
petitions for the writs of habeas corpus, amparo and habeas data.
(a) Directing respondent to permanently cease and desist
Section 12. Discovery Measures. - A party may file a verified from committing acts or neglecting the performance of a
motion for the following reliefs: duty in violation of environmental laws resulting in
environmental destruction or damage;

(a) Ocular Inspection; order — The motion must show that

an ocular inspection order is necessary to establish the (b) Directing the respondent public official, government
magnitude of the violation or the threat as to prejudice the agency, private person or entity to protect, preserve,
life, health or property of inhabitants in two or more cities rehabilitate or restore the environment;
or provinces. It shall state in detail the place or places to
be inspected. It shall be supported by affidavits of (c) Directing the respondent public official, government
witnesses having personal knowledge of the violation or agency, private person or entity to monitor strict
threatened violation of environmental law. compliance with the decision and orders of the court;

After hearing, the court may order any person in (d) Directing the respondent public official, government
possession or control of a designated land or other agency, or private person or entity to make periodic
property to permit entry for the purpose of inspecting or reports on the execution of the final judgment; and

photographing the property or any relevant object or (e) Such other reliefs which relate to the right of the
operation thereon. people to a balanced and healthful ecology or to the
protection, preservation, rehabilitation or restoration of the
The order shall specify the person or persons authorized
to make the inspection and the date, time, place and environment, except the award of damages to individual
manner of making the inspection and may prescribe other petitioners.
conditions to protect the constitutional rights of all parties.
Section 16. Appeal. - Within fifteen (15) days from the date of
(b) Production or inspection of documents or things; order notice of the adverse judgment or denial of motion for
– The motion must show that a production order is reconsideration, any party may appeal to the Supreme Court under
necessary to establish the magnitude of the violation or Rule 45 of the Rules of Court. The appeal may raise questions of
the threat as to prejudice the life, health or property of fact.
inhabitants in two or more cities or provinces.
Section 17. Institution of separate actions. - The filing of a petition
After hearing, the court may order any person in for the issuance of the writ of kalikasan shall not preclude the filing
possession, custody or control of any designated of separate civil, criminal or administrative actions.
documents, papers, books, accounts, letters,
photographs, objects or tangible things, or objects in RULE 8
digitized or electronic form, which constitute or contain WRIT OF CONTINUING MANDAMUS
evidence relevant to the petition or the return, to produce
Section 1. Petition for continuing mandamus. - When any agency PART IV
or instrumentality of the government or officer thereof unlawfully CRIMINAL PROCEDURE
neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust or station in RULE 9
connection with the enforcement or violation of an environmental PROSECUTION OF OFFENSES
law rule or regulation or a right therein, or unlawfully excludes
another from the use or enjoyment of such right and there is no
other plain, speedy and adequate remedy in the ordinary course of Section 1. Who may file. - Any offended party, peace officer or any
law, the person aggrieved thereby may file a verified petition in the public officer charged with the enforcement of an environmental
proper court, alleging the facts with certainty, attaching thereto law may file a complaint before the proper officer in accordance
supporting evidence, specifying that the petition concerns an with the Rules of Court.
environmental law, rule or regulation, and praying that judgment be
rendered commanding the respondent to do an act or series of Section 2. Filing of the information. - An information, charging a
acts until the judgment is fully satisfied, and to pay damages person with a violation of an environmental law and subscribed by
sustained by the petitioner by reason of the malicious neglect to the prosecutor, shall be filed with the court.
perform the duties of the respondent, under the law, rules or
regulations. The petition shall also contain a sworn certification of Section 3. Special prosecutor. - In criminal cases, where there is
non-forum shopping. no private offended party, a counsel whose services are offered by
any person or organization may be allowed by the court as special
Section 2. Where to file the petition. - The petition shall be filed prosecutor, with the consent of and subject to the control and
with the Regional Trial Court exercising jurisdiction over the supervision of the public prosecutor.
territory where the actionable neglect or omission occurred or with
the Court of Appeals or the Supreme Court. RULE 10
PROSECUTION OF CIVIL ACTIONS
Section 3. No docket fees. - The petitioner shall be exempt from
the payment of docket fees. Section 1. Institution of criminal and civil actions. - When a
criminal action is instituted, the civil action for the recovery of civil
Section 4. Order to comment. - If the petition is sufficient in form liability arising from the offense charged, shall be deemed
and substance, the court shall issue the writ and require the instituted with the criminal action unless the complainant waives
respondent to comment on the petition within ten (10) days from the civil action, reserves the right to institute it separately or
receipt of a copy thereof. Such order shall be served on the institutes the civil action prior to the criminal action.
respondents in such manner as the court may direct, together with
a copy of the petition and any annexes thereto. Unless the civil action has been instituted prior to the criminal
action, the reservation of the right to institute separately the civil
Section 5. Expediting proceedings; TEPO. - The court in which the action shall be made during arraignment.
petition is filed may issue such orders to expedite the proceedings,
and it may also grant a TEPO for the preservation of the rights of In case civil liability is imposed or damages are awarded, the filing
the parties pending such proceedings. and other legal fees shall be imposed on said award in accordance
with Rule 141 of the Rules of Court, and the fees shall constitute a
Section 6. Proceedings after comment is filed. - After the comment first lien on the judgment award. The damages awarded in cases
is filed or the time for the filing thereof has expired, the court may where there is no private offended party, less the filing fees, shall
hear the case which shall be summary in nature or require the accrue to the funds of the agency charged with the implementation
parties to submit memoranda. The petition shall be resolved of the environmental law violated. The award shall be used for the
without delay within sixty (60) days from the date of the submission restoration and rehabilitation of the environment adversely
of the petition for resolution. affected.

Section 7. Judgment. - If warranted, the court shall grant the RULE 11

privilege of the writ of continuing mandamus requiring respondent ARREST
to perform an act or series of acts until the judgment is fully
satisfied and to grant such other reliefs as may be warranted Section 1. Arrest without warrant; when lawful. - A peace officer or
resulting from the wrongful or illegal acts of the respondent. The an individual deputized by the proper government agency may,
court shall require the respondent to submit periodic reports without a warrant, arrest a person:
detailing the progress and execution of the judgment, and the court
may, by itself or through a commissioner or the appropriate
government agency, evaluate and monitor compliance. The (a) When, in his presence, the person to be arrested has
petitioner may submit its comments or observations on the committed, is actually committing or is attempting to
execution of the judgment. commit an offense; or

Section 8. Return of the writ. - The periodic reports submitted by (b) When an offense has just been committed, and he has
the respondent detailing compliance with the judgment shall be probable cause to believe based on personal knowledge
contained in partial returns of the writ. of facts or circumstances that the person to be arrested
has committed it. Individuals deputized by the proper
government agency who are enforcing environmental
Upon full satisfaction of the judgment, a final return of the writ shall laws shall enjoy the presumption of regularity under
be made to the court by the respondent. If the court finds that the Section 3(m), Rule 131 of the Rules of Court when
judgment has been fully implemented, the satisfaction of judgment effecting arrests for violations of environmental laws.
shall be entered in the court docket.
Section 2. Warrant of arrest. - All warrants of arrest issued by the RULE 14
court shall be accompanied by a certified true copy of the BAIL
information filed with the issuing court.
Section 1. Bail, where filed. - Bail in the amount fixed may be filed
RULE 12 with the court where the case is pending, or in the absence or
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT, unavailability of the judge thereof, with any regional trial judge,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS metropolitan trial judge, municipal trial judge or municipal circuit
trial judge in the province, city or municipality. If the accused is
Section 1. Custody and disposition of seized items. - The custody arrested in a province, city or municipality other than where the
and disposition of seized items shall be in accordance with the case is pending, bail may also be filed with any Regional Trial
applicable laws or rules promulgated by the concerned Court of said place, or if no judge thereof is available, with any
government agency. metropolitan trial judge, municipal trial judge or municipal circuit
trial judge therein. If the court grants bail, the court may issue a
hold-departure order in appropriate cases.
Section 2. Procedure. - In the absence of applicable laws or rules
promulgated by the concerned government agency, the following
procedure shall be observed: Section 2. Duties of the court. - Before granting the application for
bail, the judge must read the information in a language known to
and understood by the accused and require the accused to sign a
(a) The apprehending officer having initial custody and written undertaking, as follows:
control of the seized items, equipment, paraphernalia,
conveyances and instruments shall physically inventory
and whenever practicable, photograph the same in the (a) To appear before the court that issued the warrant of
presence of the person from whom such items were arrest for arraignment purposes on the date scheduled,
seized. and if the accused fails to appear without justification on
the date of arraignment, accused waives the reading of
the information and authorizes the court to enter a plea of
(b) Thereafter, the apprehending officer shall submit to not guilty on behalf of the accused and to set the case for
the issuing court the return of the search warrant within trial;
five (5) days from date of seizure or in case of warrantless
arrest, submit within five (5) days from date of seizure, the
inventory report, compliance report, photographs, (b) To appear whenever required by the court where the
representative samples and other pertinent documents to case is pending; and
the public prosecutor for appropriate action.
(c) To waive the right of the accused to be present at the
(c) Upon motion by any interested party, the court may trial, and upon failure of the accused to appear without
direct the auction sale of seized items, equipment, justification and despite due notice, the trial may proceed
paraphernalia, tools or instruments of the crime. The court in absentia.
shall, after hearing, fix the minimum bid price based on
the recommendation of the concerned government RULE 15
agency. The sheriff shall conduct the auction. ARRAIGNMENT AND PLEA

(d) The auction sale shall be with notice to the accused, Section 1. Arraignment. - The court shall set the arraignment of
the person from whom the items were seized, or the the accused within fifteen (15) days from the time it acquires
owner thereof and the concerned government agency. jurisdiction over the accused, with notice to the public prosecutor
and offended party or concerned government agency that it will
(e) The notice of auction shall be posted in three entertain plea-bargaining on the date of the arraignment.
conspicuous places in the city or municipality where the
items, equipment, paraphernalia, tools or instruments of Section 2. Plea-bargaining. - On the scheduled date of
the crime were seized. arraignment, the court shall consider plea-bargaining
arrangements. Where the prosecution and offended party or
(f) The proceeds shall be held in trust and deposited with concerned government agency agree to the plea offered by the
the government depository bank for disposition according accused, the court shall:
to the judgment.
(a) Issue an order which contains the plea-bargaining
RULE 13 arrived at;
PROVISIONAL REMEDIES
(b) Proceed to receive evidence on the civil aspect of the
Section 1. Attachment in environmental cases. - The provisional case, if any; and
remedy of attachment under Rule 127 of the Rules of Court may
be availed of in environmental cases. (c) Render and promulgate judgment of conviction,
including the civil liability for damages.
Section 2. Environmental Protection Order (EPO); Temporary
Environmental Protection Order (TEPO) in criminal cases. - The RULE 16
procedure for and issuance of EPO and TEPO shall be governed PRE-TRIAL
by Rule 2 of these Rules.
Section 1. Setting of pre-trial conference. - After the arraignment, (e) Ask parties to agree on the specific trial dates and
the court shall set the pre-trial conference within thirty (30) days. It adhere to the flow chart determined by the court which
may refer the case to the branch clerk of court, if warranted, for a shall contain the time frames for the different stages of the
preliminary conference to be set at least three (3) days prior to the proceeding up to promulgation of decision;
pre-trial.
(f) Require the parties to submit to the branch clerk of
Section 2. Preliminary conference. - The preliminary conference court the names, addresses and contact numbers of
shall be for the following purposes: witnesses that need to be summoned by subpoena; and

(a) To assist the parties in reaching a settlement of the (g) Consider modification of order of trial if the accused
civil aspect of the case; admits the charge but interposes a lawful defense.

(b) To mark the documents to be presented as exhibits; Section 4. Manner of questioning. - All questions or statements
must be directed to the court.
(c) To attach copies thereof to the records after
comparison with the originals; Section 5. Agreements or admissions. - All agreements or
admissions made or entered during the pre-trial conference shall
(d) To ascertain from the parties the undisputed facts and be reduced in writing and signed by the accused and counsel;
admissions on the genuineness and due execution of otherwise, they cannot be used against the accused. The
documents marked as exhibits; agreements covering the matters referred to in Section 1, Rule 118
of the Rules of Court shall be approved by the court.
(e) To consider such other matters as may aid in the
prompt disposition of the case; Section 6. Record of proceedings. - All proceedings during the
pre-trial shall be recorded, the transcripts prepared and the
minutes signed by the parties or their counsels.
(f) To record the proceedings during the preliminary
conference in the Minutes of Preliminary Conference to
be signed by the parties and counsel; Section 7. Pre-trial order. - The court shall issue a pre-trial order
within ten (10) days after the termination of the pre-trial, setting
forth the actions taken during the pre-trial conference, the facts
(g) To mark the affidavits of witnesses which shall be in stipulated, the admissions made, evidence marked, the number of
question and answer form and shall constitute the direct witnesses to be presented and the schedule of trial. The order
examination of the witnesses; and shall bind the parties and control the course of action during the
trial.
(h) To attach the Minutes and marked exhibits to the case
record before the pre-trial proper. The parties or their RULE 17
counsel must submit to the branch clerk of court the TRIAL
names, addresses and contact numbers of the affiants.
Section 1. Continuous trial. - The court shall endeavor to conduct
Section 3. Pre-trial duty of the judge. - During the pre-trial, the continuous trial which shall not exceed three (3) months from the
court shall: date of the issuance of the pre-trial order.

(a) Place the parties and their counsels under oath; Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of
direct examination shall be used, subject to cross-examination and
(b) Adopt the minutes of the preliminary conference as the right to object to inadmissible portions of the affidavit.
part of the pre-trial proceedings, confirm markings of
exhibits or substituted photocopies and admissions on the Section 3. Submission of memoranda. - The court may require the
genuineness and due execution of documents, and list parties to submit their respective memoranda and if possible, in
object and testimonial evidence; electronic form, within a non-extendible period of thirty (30) days
from the date the case is submitted for decision.
(c) Scrutinize the information and the statements in the
affidavits and other documents which form part of the With or without any memoranda filed, the court shall have a period
record of the preliminary investigation together with other of sixty (60) days to decide the case counted from the last day of
documents identified and marked as exhibits to determine the 30-day period to file the memoranda.
further admissions of facts as to:
Section 4. Disposition period. - The court shall dispose the case
i. The court’s territorial jurisdiction relative to the within a period of ten (10) months from the date of arraignment.
offense(s) charged;
Section 5. Pro bono lawyers. - If the accused cannot afford the
ii. Qualification of expert witnesses; and services of counsel or there is no available public attorney, the
court shall require the Integrated Bar of the Philippines to provide
iii. Amount of damages; pro bono lawyers for the accused.

(d) Define factual and legal issues; RULE 18

SUBSIDIARY LIABILITY
Section 1. Subsidiary liability. - In case of conviction of the other person present when said evidence was taken, or by any
accused and subsidiary liability is allowed by law, the court may, by other person competent to testify on the accuracy thereof.
motion of the person entitled to recover under judgment, enforce
such subsidiary liability against a person or corporation subsidiary Section 2. Entries in official records. - Entries in official records
liable under Article 102 and Article 103 of the Revised Penal Code. made in the performance of his duty by a public officer of the
Philippines, or by a person in performance of a duty specially
RULE 19 enjoined by law, are prima facie evidence of the facts therein
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN stated.
CRIMINAL CASES
RULE 22
Section 1. Motion to dismiss. - Upon the filing of an information in FINAL PROVISIONS
court and before arraignment, the accused may file a motion to
dismiss on the ground that the criminal action is a SLAPP. Section 1. Effectivity. - These Rules shall take effect within fifteen
(15) days following publication once in a newspaper of general
Section 2. Summary hearing. - The hearing on the defense of a circulation.
SLAPP shall be summary in nature. The parties must submit all the
available evidence in support of their respective positions. The Section 2. Application of the Rules of Court. - The Rules of Court
party seeking the dismissal of the case must prove by substantial shall apply in a suppletory manner, except as otherwise provided
evidence that his acts for the enforcement of environmental law is herein.
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.

Section 3. Resolution. - The court shall grant the motion if the

accused establishes in the summary hearing that the criminal case
has been filed with intent 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 environment or assertion of
environmental rights.

If the court denies the motion, the court shall immediately proceed
with the arraignment of the accused.

PART V
EVIDENCE

RULE 20
PRECAUTIONARY PRINCIPLE

Section 1. Applicability. - When there is a lack of full scientific

certainty in establishing a causal link between human activity and
environmental effect, the court shall apply the precautionary
principle in resolving the case before it.

The constitutional right of the people to a balanced and healthful

ecology shall be given the benefit of the doubt.

Section 2. Standards for application. - In applying the

precautionary principle, the following factors, among others, may
be considered: (1) threats to human life or health; (2) inequity to
present or future generations; or (3) prejudice to the environment
without legal consideration of the environmental rights of those
affected.

RULE 21
DOCUMENTARY EVIDENCE

Section 1. Photographic, video and similar evidence. -

Photographs, videos and similar evidence of events, acts,
transactions of wildlife, wildlife by-products or derivatives, forest
products or mineral resources subject of a case shall be admissible
when authenticated by the person who took the same, by some