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RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

PART I

RULE 1

GENERAL PROVISIONS

What is this for?

Sec. 2

These Rules shall govern the procedure in civil, criminal and special civil

actions before the lower courts (RTC, TC, TCC, CTC! involving enforcement or

violations of environmental and other related laws, rules and regulations.

"b#ectives

Sec. $

(a! To protectand advancethe constitutional right of the people to a

balanced and healthful ecolog%&

(b! To provide a sip!i"ed, speed#and ine$pensiveprocedure

(c! To introd%ceand adopt innovationsand &est practicesand

(d! To enable the courts to monitor and e'act compliance with orders

and #udgments in environmental cases.

Sec.

)e*nition of Terms

(a! +%product or derivatives

(b! Consent decree

(c! Continuing mandamus

(d! -nvironmental protection order

(-"!

(e! ineral

(f! recautionar% principle

(g! Strategic lawsuit against public

participation (S/0!

(h! Wildlife

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PART II

CIVIL PROCEDURE

RULE '

PLEADINGS AND PARTIES

Sec 1(leadings and motions allowed.

Complaint

0nswer

o compulsor% counterclaim and crossclaim

o motion for intervention,

o motion for discover%

o

motion for reconsideration of the #udgment.

1n cases where the cases are highl% meritous or to prevent the miscarriage of #ustice

otion for postponement

motion for new trial

petition for relief

Section '(rohibited pleadings or motions.

otion to dismiss the complaint&

otion for a bill of particulars&

otion for e'tension of time to *le pleadings, e'cept to *le

answer, the e'tension not to e'ceed *fteen (3! da%s&

otion to declare the defendant in default&

Repl% and re#oinder&

Third part% complaint.

Section )(The Veri"ed cop!aint must contain

names of the parties

their addresses,

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the cause of action

The plainti4 shall

attach to the veri*ed complaint all evidence proving or supporting the cause

of action consisting of the a5davits of witnesses, documentar% evidence and

if possible, ob#ect evidence.o 6ote7 The a5davits shall be in 8uestion and answer form and shall

compl% with the rules of admissibilit% of evidence.

The complaint shall

state that it is an environmental case and the law involved

also include a certi*cation against forum shopping

6ote7 1f the complaint is not an environmental complaint, the presiding #udge

shall refer it to the e'ecutive #udge for rera9e.

Section *(Who ma% *le

An#real part% in interest

Section +(Citi:en suit

0n% Fi!ipino citi,en in representation of others ma% *le an action to enforce

rights or obligations under environmental laws.

; Citi:en suits *led under R.0. 6o. and R.0. 6o. >$ shall be governed

b% their respective provisions.

Section -(Service of the complaint on the government or its agencies

@pon the *ling of the complaint, the plainti4 is re8uired to furnish the

government or the appropriate agenc%, a cop% of the complaint.

; roof of service upon the government or the appropriate agenc% shall beattached to the complaint.

Section .(0ssignment b% ra9e

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"ne (! designated branch the e'ecutive #udge shall immediatel% refer the

case to said branch.

Two (2! or more designated branches, the e'ecutive #udge shall conduct a

special ra9e on the da% the complaint is *led.

Section /( Issuance of Temporary Environmental Protection Order (TEPO).

1f the matter is of e'treme urgenc% and the applicant will su4er grave in#ustice and

irreparable in#ur%, the e'ecutive #udge or the presiding #udge, ma% issue e' parte a

T-" e4ective for onl% sevent%two (=2! hours from date of the receipt of the T-"

b% the part% or person en#oined.

(Within said period, the court where the case is assigned, shall conduct a summar%

hearing to determine whether the T-" ma% be e'tended until the termination of

the case.!

Section 0(Action on motion for dissolution of TEPO.

The T-" ma% be dissolved if it appears after hearing that its issuance or

continuance would cause irreparable damage to the part% or person en#oined while

the applicant ma% be full% compensated for such damages as he ma% su4er and

sub#ect to the posting of a su5cient bond b% the part% or person en#oined.

The grounds for motion to dissolve a T-" shall be supported b% a5davits of the

part% or person en#oined which the applicant ma% oppose, also b% a5davits.

Section 1(rohibition against temporar% restraining order (TR"! and preliminar%

in#unction

6o court can issue a TR" or writ of preliminar% in#unction against lawful actions of

government agencies that enforce environmental laws or prevent violations thereof.

-'cept for the Supreme Court

Section 11( Report on T-", -", TR" or preliminar% in#unction

The #udge shall report an% action taAen to the Supreme Court within ten (! da%s

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Through the "5ce of the Court 0dministrator

(I dont think1 and 1! is important")

Section 1'( Payment of #lin$ and other le$al fees

The pa%ment of *ling and other legal fees b% the plainti4 shall be deferreduntil after #udgment

;unless the plainti4 is allowed to litigate as an indigent

Bor a citi:en suit, the court shall defer the pa%ment of *ling and other legal

fees that shall serve as *rst lien on the #udgment award.

Section 1)( Service of summons, orders and other court processes

ma% be served b%

the sheri4,

his deput%

other proper court o5cer

Bor #usti*able reasons

b% the counsel or representative of the plainti4& or

an% suitable person authori:ed or deputi:ed b% the court issuing the

summons.

;0n% private person who is authori:ed or deputi:ed b% the court to serve summons,

orders and other court processes shall for that purpose be considered an o5cer of

the court.

The summons shall be served on the defendant, together with a cop% of an order

informing all parties that the% have *fteen (3! da%s from the *ling of an answer,

within which to avail of interrogatories to parties and re8uest for admission b%

adverse part% or at their discretion, maAe use of depositions or other measures

Should personal and substituted service fail, summons b% publication shall be

allowed. 1n the case of #uridical entities, summons b% publication shall be done b%

indicating the names of the o5cers or their dul% authori:ed representatives.

Section 1*(%eri#ed ans&er.

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Within *fteen (3! da%s from receipt of summons, the defendant shall *le a

veri*ed answer to the complaint and serve a cop% thereof on the plainti4.

The defendant shall attach a5davits of witnesses, reports, studies of e'perts

and all evidence in support of the defense.

05rmative and special defenses not pleaded shall be deemed waived,

e'cept lacA of #urisdiction.

Crossclaims and compulsor% counterclaims not asserted shall be considered

barred. The answer to counterclaims or crossclaims shall be *led and served

within ten (! da%s from service of the answer in which the% are pleaded.

Section 1+(E'ect of failure to ans&er.

The court shall declare defendant in default

; 0nd upon motion of the plainti4, shall receive evidence e' parte and render

#udgment based thereon and the reliefs pra%ed for.

R%!e )PRE TRIAL

Sec . 6otice of pretrial

The branch clerA of court shall issue a notice of the pretrial within 2 da%s from the

*ling of the answer to the countercross claim, if there are an%. The pretrial shallnot be less than one month from the *ling of the last pleading.

)uring the pretrial, the court shall settle as man% pretrial conferences as

necessar% within a period of two months which is to be counted from the date of the

*rst conference.

Sec 2. retrial brief

$ da%s before the pretrial, the parties shall submit pretrial briefs containing

the following7

a. 0 statement of the willingness of the parties to enter into an amicable

settlement indicating the their terms or to submit the case to an% of the

alternative modes of dispute resolutionb. 0 summar% of admitted and stipulated factsc. The legal and factual issues.d. The documents or e'hibits to be presented

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e. 0 manifestation of having availed of discover% proceduref. The number and names of the witnesses and the substance of their

a5davitsg. Clari*cator% 8uestionsh. /ist of cases arising from the same facts before other courts

6ote7 Bailure to compl% with the re8uired contents of a pretrial ma% be a ground

for contempt Bailure to *le the pretrial brief shall have the same e4ect as failure to

appear at the pretrial

Sec. $ Referral to mediation

0t the start of the pretrial conference, the court shall in8uire if the parties havesettled the dispute

if not the court shall refer the parties of their authori:ed counsel to the

hilippine ediation Center (C! unit.o 1f the C is not available, to the clerA of court of legal researcher for

mediation purposes

ediation must be conducted within a $ da%s, none'tendible, from the receipt ofnotice of referral. 0 report must also be submitted within da%s from thee'piration of the $ da% period.

Sec. reliminar% conference

1f mediation fails, the pretrial will be scheduled b% the court. +efore the pre trialdate, the court ma% refer the case to the branch of clerA to7

a. 0ssist the parties in reaching a settlementb. To marA the e'hibits to be resented b% the partiesc. To ascertain the undisputed facts and admissions on the genuiness and

due e'ecutions of the e'hibitsd. To re8uire the parties to submit the depositions, answers to written

interrogatories, and the answers to re8uest for admissions b% the adversepart%

e. To re8uire the production of documents or things re8uested b% a part% and

the results of the ph%sical and mental e'amination of personsf. To consider matters which ma% aid in its prompt dispositiong. To record the proceedings in the Dinutes of reliminar% ConferenceEh. To marA the a5davits of the witnessesi. To attach the minutes with the marAed e'hibits before the pre trial

Sec 3 retrial conference& consent decree

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The #udge shall put the parties and their counsels must be under oath and remainunder oath in all pretrial conferences

The #udge shall tr% to persuade the parties to settle the dispute and he ma% issue aconsent decree approving the agreement to protect the right of the people to abalanced and healthful ecolog%

Sec F. Bailure to settle

The #udge shall7

a. 0dopt the minutes of the preliminar% conference as part of the pretrial proceedings and con*rm the marAing of e'hibits

b. )etermine if there are other pending cases before other courts andorder its consolidation if warranted

c. )etermined if the pleadings are in order

d. )etermined if there are interlocutor% issues and resolve the samee. Consider the addingdropping of partiesf. Scrutini:e ever% single allegation and the contents of documents

and all other evidenceg. "btain admissions based on the a5davits of witnesses and

evidence attached in pleadings or pretrialsh. )e*ned and simplif% the factual and legal issuesi. )iscuss the propriet% of rendering a summar% #udgment or a

#udgment based on pleadings, evidence, and admissions during thepretrial

#. "bserve the ost 1mportant Witness Rule in limiting the number ofWitnesses

A. -ncourage referral of the case to a trial b% commissioner or to amediator or arbitrator or an% alternative modes of disputeresolution

l. )etermine the necessit% of engaging the service of an amicuscuriae and

m. 0gree of trial dates for a continuous trial and use the time frame foreach proceeding stage in setting said dates

Sec. = -4ect of failure to appear at pretrial

The court ma%

lainti4)ismiss the complaint without pre#udice, onl% if the failure isrepeatedl% and un#usti*ed, and proceed with the counterclaim

)efendantReceive the evidence e parte

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Sec. < inutes of pretrial

Shall contain matters taAen up G admissions of facts and e'hibits

;signed b% the parties and their counsels

Sec. > reTrial order

0fter the termination of the pretrial, the court shall issue a pretrial ordersetting for the actions taAen during the pretrial conference. The order shall bind theparties, limit the trial to matters not disposed of and control the course of action

Sec . -4orts to settle

The court shall endeavor to maAe the parties compromise at an% stage of theproceeding before the rendition of #udgment.

RULE *TRIAL

Sec . Continuous trial

The #udge shall conduct continuous trial which shall not e'ceed twomonths from the date of the issuance of the pretrial order.

+efore the e'piration of the two month period, the #udge ma% asA theSupreme Court for an e'tension for #usti*able causes

Sec. 2 05davits in lieu of direct e'amination

05davits marAed during the pretrial shall be presented as directe'amination of a5ants sub#ect to crosse'aminations

Sec. $ "neda% e'amination of witness rule

The witness ma% onl% be e'amined in one da%, sub#ect to the courtHsdiscretion of e'tending the period for #usti*able reasons

0fter the presentation of the last witness, the opposing parties shallimmediatel% interpose ob#ections. The #udge shall rule on the o4er ofevidence in open court

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Sec. Submission of case for decision& *ling of memoranda.

When the last part% has rested its case, the court shall issue an order

submitting the case for decisions. The court shall have F da%s to decide thecase from the date the case is submitted for decision.

;0 memoranda ma% be re8uired from the parties which is to be submitted,electronicall% if possible, within thirt% da%s from the date the case issubmitted for decision.

Sec. 3 eriod to tr% and decide

The court shall have a period of one %ear from the *ling of thecomplaint to tr% and decide the case. Should there be a #usti*able reason for

an e'tension, the Court ma% petition the Supreme Court.

6ote7 The court shall prioriti:e the ad#udication of environmental cases

RULE V2UDMENT AND E3ECUTION

Sec Reliefs in a citi:en suit

The court ma% grant proper reliefs which shall include

the protection, preservation or rehabilitation of the environment

the pa%ment of attorne%Hs fees, cost of suit and other litigation e'penses

1t ma% also re8uire the violator to submit a program of rehabilitation orrestoration of the environment, or to contribute to a special trust fund for suchpurpose.

Sec 2. Iudgment not sta%ed b% the appeal

0n% #udgment directing the performance of acts shall be e'ecutor%pending appeal, unless restrained b% the appellate court.

Sec $. ermanent -"& writ of continuing mandamus

0t #udgment, T-" ma% be converted to a permanent one, or issue awrit of continuing mandamus directing the performance of acts which shall bee4ective until the #udgment is satis*ed.

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Sec . onitoring of compliance with #udgment and orders of the court b% acommissioner

The court ma% enforce the #udgment b% appointing a commissioner, who shallthen *le with the court written progress reports on a 8uarterl% basis or fre8uentl%, ifnecessar%.

Sec 3. Return of writ of e'ecution

The process of e'ecution shall terminate upon a su5cient showing that thedecision or order has been implemented to the satisfaction of the court.