liberalized locus standi & citizen’s suit - ceap · liberalized locus standi &...
TRANSCRIPT
Highlights of the Rules
Liberalized Locus Standi & Citizen’s Suit
Speedy Disposition of Cases
Special Civil Actions of Continuing Mandamus & Kalikasan
Consent Decree
EPO
Application of precautionary principle
SLAPP
Laws/Rules Covered Act No. 3572 - Prohibition
Against Cutting of Tindalo, Akli, and Molave Trees
P.D. No. 705 - Revised Forestry Code
P.D. No. 856 - Sanitation Code P.D. No. 979 - Marine
Pollution Decree P.D. No. 1067 - Water Code P.D. No. 1151 - Philippine
Environmental Policy of 1977 P.D. No. 1433 - Plant
Quarantine Law of 1978
P.D. No. 1586 - Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes
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
R.A. No. 4850 - Laguna Lake Development Authority Act
R.A. No. 6969 - Toxic Substances and Hazardous Waste Act
R.A. No. 7076 - People’s Small-Scale Mining Act
R.A. No. 7586 - National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas
R.A. No. 7611 -Strategic Environmental Plan for Palawan Act
R.A. No. 7942 - Philippine Mining Act
R.A. No. 8371 - Indigenous Peoples Rights Act
R.A. No. 8550 - Philippine Fisheries Code
R.A. No. 8749 - Clean Air Act
R.A. No. 9003 - Ecological Solid Waste Management Act
R.A. No. 9072 - National Caves and Cave Resource Management Act
R.A. No. 9147 - Wildlife Conservation and Protection Act
R.A. No. 9175 - Chainsaw Act
R.A. No. 9275- Clean Water Act
R.A. No. 9483 - Oil Spill Compensation Act of 2007
Provisions in: C.A. No. 141 - Public Land Act R.A. No. 6657 - CARL R.A. No. 7160 - Local
Government Code of 1991 R.A. No. 7161 - Tax Laws
Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC)
R.A. No. 7308 - Seed Industry Development Act of 1992
R.A. No. 7900 - High-Value Crops Development Act
R.A. No. 8048 – Coconut Preservation Act
R.A. No. 8435 - Agriculture and Fisheries Modernization Act of 1997
R.A. No. 9522 - The Philippine Archipelagic Baselines Law
R.A. No. 9593 - Renewable Energy Act of 2008
R.A. No. 9637 - Philippine Biofuels Act
Other existing laws that relate to the conservation, development, preservation, protection and utilization of the environment and natural resources.
Civil Procedure
1. Citizens Suit:
Any Filipino citizen,
including minors and
generations yet unborn,
may file an action to
enforce environmental
rights and obligations
under Environmental
Laws
(Sec. 5, Rule 2, Part II).
2. Environmental Protection
Order (EPO) – where the
matter is of extreme
urgency and the applicant
stands to suffer grave
injustice and irreparable
injury – Exec Judge may
issue a TEPO (in the
nature of a Restraining
Order) (Sec. 8)
3. Filing fees – and other legal
fees deferred until after
judgment. To be first lien on
the judgment award.
2. Summons – may be served
by counsel or representative
of plaintiff authorized by the
Court.
3. Prohibition vs. TRO – Except
the Supreme Court, no Court
can issue a TRO or Writ of
Prel. Injunction against lawful
actions of government
agencies that enforce
Environmental Laws or
prevent violations thereof
(Sec. 10)
6. Pre-trial
Put the counsels and the parties under oath (Rule 3, Sec. 5)
Consent Decree
- Judicially approved settlement based on public interest to protect the
environment (anytime before judgment) (Sec. 10)
7. Trial (Rule 4)
- Continuous trial not more than 2 months from Pre-Trial Order
- Memoranda may be in electronic form
- One year from filing to try and decide the case
8. Judgment and Execution
- may include:
* protection and restoration the environment
* violator may be required to submit a program for rehabilitation
* violator to contribute to a trust fund for the restoration of the Environment
* TEPO may be converted to a permanent EPO. Or issue a Writ of
Continuing Mandamus
* Monitoring of compliance by Court or appropriate government agency
(Sec. 4)
RULES OF CIVIL PROCEDURE (continued)
SLAPP (Strategic Lawsuits against Public Participation) Harassment suit to exert undue pressure to any person,
institution or government that seeks to enforce environmental laws. (Sec. 1)
Interpose as defense with prayer for attorney’s fees, damages, costs.
Summary hearing – SLAPP Defendant required only to prove by substantial evidence; whereas party filing the action assailed as a SLAPP must prove by preponderance of evidence
Resolution – 30 days after summary hearing
Who: Any Person (natural or juridical Whose right to a balanced and healthful ecology is violated or threatened with violation by an unlawful act or omission of a public officer or private person
Magnitude of Damage:Involving environmental
damage of such magnitude as to prejudice the life, health and property of inhabitants
In two or more cities or provinces
Writ of Kalikasan
WRIT OF KALIKASAN Where: Directly with the Supreme Court or the Court of
Appeals
No docket fees
Time Lines:
Within 3 days from filing of Petition – Writ to issue to require respondent to file a verified return
Clerk of Court to issue writ – with EPO
Respondent has 10 days to file a verified return
No motion to dismiss, postponement, extension of time to file return; if none, hear ex parte
Hearing not to be more than 60 days
Discovery Measures-
Ocular Inspection – Production of things, documents, etc
- Judgment
- Direct Cease and Desist or from neglecting to perform a duty in violation of Environmental Laws.
- directing public official to protect and restore the environment
Writ of Continuing Mandamus Order issued directing a government office/r to perform a
series of acts which will remain effective until fully satisfied
Time Lines:
10 days to comment
Resolution – 60 days from submission for resolution
Reports-
Kalikasan Continuing
Mandamus
Venue CA & SC only RTC, CA or SC
Respondents Include private individuals,
entities
Only Government or its
officers
Petitioners Broad Only those aggrieved
Subject Matter Unlawful act or omission
involving environmental damage
affecting two or more cities or
provinces
-Unlawful neglect in the
performance of duty;
-Unlawful exclusion from
use or enjoyment of right
Docket Fees Exempt Exempt
Discovery Ocular Inspection & Production of
documents, things
None
Damages Award not available to individual
petitioner. Must file separate
action for damages.
Personal damages may be
awarded.
Criminal Procedure Who may file: Any offended
party of peace officer (What about Visayan Sea Squadron citizen operatives?)
Special Prosecutor: Private Counsel may be allowed
by the Court to represent where there is no private offended party (subject to public prosecutors control and supervision) (Sec. 3, Rule 9)
ARREST- Warrant of Arrest must be accompanied by a certified true copy of the Information
Custody and disposition of seized items Per rules of
confiscating agency
Inventory, and where practicable photographs
Sale of seized items and amount in custody of the Court
BAIL
Before granting the application for bail, the judge must read the Information in a language known to and understood by the accused and require him to sign a written undertaking that:
1. to appear before the court during the arraignment
2. In case he does not appear, he waives the reading of the Information and authorizes the Court to enter a plea of not guilty
3. Trial in absentia (Sec. 2, Rule 14)
Pre-Trial Place Parties
and Counsel under oath
Trial-3 Months
- Affidavit in lieu of direct
- Pro bono lawyers – where
there is no public attorney,
Court to appoint IBP as pro
bono counsel
Subsidiary liability
allowed
SLAPP Upon filing of the action before arraignment
Summary hearing
Substantial evidence for movant (person alleging it is a SLAPP suit)
Party filing the action assailed as a SLAPP must prove by preponderance of evidence
Evidence Precautionary Principle– when human activities may
lead to threat of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish the threat.
Where there is a lack of full scientific certainty in establishing the causal link, the court shall apply the precautionary principle.
Preferential option for the right to a balanced and healthful ecology (like for labor in Labor Law)
Standards for Application-Factors Threat to human
life or health
Inequity to future generations
Prejudice to the environment
THE WORLD IS HEADED FOR WATER BANKRUPTCY Agence France-Presse-7 FEB 2009
DAVOS -- The world is heading toward "water bankruptcy" as demand for the precious commodity outstrips even high population growth, a new report warned Friday.
In less than 20 years, water scarcity could lose the equivalent of the entire grain crops of India and the United States, said the World Economic Forum report, which added that food demand is expected to sky-rocket in coming decades.
"The world simply cannot manage water in the future in the same way as in the past or the economic web will collapse," said the report.
Water has been consistently under-priced in many regions and has been wasted and overused, the report said.
Benefits of Rainwater Catchment
• Prevent flooding• Recharge the underground
water (the “aquifer”). • Serve as a water source,
especially during the dry season,
• Food source – fish and vegetables
• Place for re-creation and recharge of the spirit. Nothing soothes nerves and spirits--frayed and frazzled by modern-day living – than the sight and company of water.
• Restorative economic activities to unemployed. • Restore the water – it will
also restore the connection between man and Nature.
• Bank account --
MANILA, Philippines - The Supreme Court (SC) has ordered the government to
answer a petition of a group of environmentalists seeking the creation of
rainwater collectors in the country.
SC spokesman Midas Marquez said the national government agencies led by
Malacañang, the Department of Public Works and Highways (DPWH) and the
Department of the Interior and Local Government representing the 80 provinces,
150 cities, 1,400 towns and 42,000 barangays were given 10 days to comment on
the petition filed by the group. SC allowed the petition of the Global Legal Action
on Climate Change calling on the national government to come up with a more
effective nationwide flood control project by implementing a 1989 law for
rainwater collectors in all barangays.
What can we do together?
Help with the Rainwater Catchment case
Sign up to be part of the Philippine Environmental Law Forum (esp. divers, runners, mountain climbers, nature lovers)
Transportation Revolution
Experiential training in the School of the SEAs in the summer of 2011
Reform the Transportation System Those who have less in wheels must have more in road
Preferential policy for collective and non-pollutive locomotion systems (trams, trains, rail-bus, wide pedestrian lanes, wide bike lanes)
Executive Order 774
What can you do? Convert awareness into action
Brushing teeth – use a glass of water instead of letting the water run.
Turn off lights when not needed. Do not put TV on Stand-By (70% of the electricity consumed)-1000 MW (1 GW) In the US
Shut off leaking water, report water leakages
Use lower watt lights.
Segregate your wastes: Paper and Plastics in one box (sell later), ‘wet’ waste (food wastes, leaves, organic material – put in a compost
More important … you teach by example
RATIONALEFEW ELITE LEADERS
INTEREST GROUPS
VOTING POPULATION
THE FILIPINO MASSES
- No significant influence
over important decisions
especially on those critical
to the Environment
OUR VISION
1. Educate and Empower
2. Enable to exercise
power to effect real positive
change beginning within
each of us
Our VISION: A REVOLUTION – Revolution defined: a TURN AROUND.
NOT just that: Turn it Upside Down!
What can we do together?
Plan to use the Law to spark a revolution (?)
Turn-around of the mindset
From wasteful use to wise and sustainable use
THANK YOU: Ordinary citizens, YOUTH … 20
yrs ago (we fought for your right to speak and take action. Now … it is up to you to take action).The time for talk is over, it is time for action!
A GREAT MOVEMENT MAY BE BORN IN THE MINDS OF THE FEW, BUT IT MUST BE SPOKEN BY THE MOUTHS OF MANY, AND CARRIED ON THE SHOULDERS OF ALL.
What light through yonder window breaks?
oft-quoted
DURING OUR WATCHLet it be said that during our
watch …
While gifted
with intelligence & insight,
with privilege and position,
with the wealth of wisdom,