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Highlights of the Rules

Liberalized Locus Standi &Citizens Suit

Speedy Disposition of Cases

Special Civil Actions ofContinuing Mandamus &Kalikasan

Consent Decree

EPO

Application of precautionary

principle SLAPP

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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 - PhilippineEnvironmental Policy of 1977 P.D. No. 1433 - Plant

Quarantine Law of 1978

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P.D. No. 1586 - Establishing anEnvironmental Impact StatementSystem Including OtherEnvironmental Management RelatedMeasures and for Other Purposes

R.A. No. 3571 - Prohibition Against theCutting, Destroying or Injuring ofPlanted or Growing Trees, FloweringPlants and Shrubs or Plants of ScenicValue along Public Roads, in Plazas,Parks, School Premises or in anyOther Public Ground

R.A. No. 4850 - Laguna LakeDevelopment Authority Act

http://www.nsa.org/~tamara/03.html

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R.A. No. 6969 - Toxic Substancesand Hazardous Waste Act

R.A. No. 7076 - Peoples Small-Scale Mining Act

R.A. No. 7586 - NationalIntegrated Protected AreasSystem Act including all laws,decrees, orders, proclamationsand issuances establishing

protected areas R.A. No. 7611 -Strategic

Environmental Plan for PalawanAct

R.A. No. 7942 - Philippine MiningAct

R.A. No. 8371 - IndigenousPeoples Rights Act

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R.A. No. 8550 - Philippine FisheriesCode

R.A. No. 8749 - Clean Air Act

R.A. No. 9003 - Ecological SolidWaste Management Act

R.A. No. 9072 - National Caves andCave Resource Management Act

R.A. No. 9147 - WildlifeConservation 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

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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 OtherEnvironmental Laws(Amending the NIRC)

R.A. No. 7308 - Seed IndustryDevelopment Act of 1992

R.A. No. 7900 - High-ValueCrops Development Act

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R.A. No. 8048 CoconutPreservation Act

R.A. No. 8435 - Agriculture and

Fisheries Modernization Act of1997 R.A. No. 9522 - The Philippine

Archipelagic Baselines Law R.A. No. 9593 - Renewable Energy

Act of 2008

R.A. No. 9637 - PhilippineBiofuels Act Other existing laws that relate to

the conservation, development,preservation, protection andutilization of the environment

and natural resources.

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Civil Procedure

1. Citizens Suit:

Any Filipino citizen,

including minors andgenerations 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 RestrainingOrder) (Sec. 8)

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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 enforceEnvironmental Laws or

prevent violations thereof

(Sec. 10)

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DEMOLITION OPERATIONS IN BANTAYAN ISLAND NO TRO EXCEPT SC

AND ANTI-SLAPP

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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 theenvironment (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)

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SLAPP (Strategic Lawsuits against

Public Participation)

Harassment suit to exert undue pressure to any person,institution or government that seeks to enforceenvironmental laws. (Sec. 1)

Interpose as defense with prayer for attorneys fees,damages, costs.

Summary hearing SLAPP Defendant required only toprove by substantial evidence; whereas party filing the

action assailed as a SLAPP must prove by preponderance ofevidence

Resolution 30 days after summary hearing

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pec a vActions

Writ ofKalikasan

Writ of

ContinuingMandamus

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Who:Any Person (natural orjuridical Whose right to abalanced and healthful

ecology is violated orthreatened with violationby an unlawful act oromission of a publicofficer or private person

Magnitude of Damage:Involving environmental

damage of suchmagnitude as to prejudicethe life, health andproperty of inhabitants

In two or more cities orprovinces

Writ of

Kalikasan

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WRIT OF KALIKASAN

Where: Directly with the Supreme Court or the Court ofAppeals

No docket fees

Time Lines:

Within 3 days from filing of Petition Writ to issue to requirerespondent 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 filereturn; if none, hear ex parte

Hearing not to be more than 60 days

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Discovery Measures-

Ocular Inspection Production of things, documents, etc

- Judgment

- Direct Cease and Desist or from neglecting to perform aduty in violation of Environmental Laws.

- directing public official to protect and restore theenvironment

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Writ of Continuing Mandamus

Order issued directing a government office/r to perform aseries of acts which will remain effective until fully satisfied

Time Lines:

10 days to comment

Resolution 60 days from submission for resolution

Reports-

C ti i

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Kal ikasan Continuing

Mandamus

Venue CA & SC only RTC, CA or SC

Respondents Include private individuals,entities

Only Government or itsofficers

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.

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r m n aProcedure Who may file: Any offended

party of peace officer (What aboutVisayan Sea Squadron citizenoperatives?)

Special Prosecutor: Private Counsel may be allowed

by the Court to represent wherethere is no private offended party(subject to public prosecutorscontrol and supervision) (Sec. 3,Rule 9)

ARREST

- Warrant of Arrestmust be accompanied bya certified true copy ofthe Information

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us o y an spos on oseized items

Per rules ofconfiscatingagency

Inventory, and

where practicablephotographs

Sale of seizeditems and amount

in custody of theCourt

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BAIL

Before granting the application for bail, the judgemust read the Information in a language known to andunderstood 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 aplea of not guilty

3. Trial in absentia (Sec. 2, Rule 14)

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Pre-Trial Place Parties

and Counselunder 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

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SLAPP

Upon filing of the action before arraignment Summary hearing

Substantial evidence for movant (person alleging it is aSLAPP suit)

Party filing the action assailed as a SLAPP must prove bypreponderance of evidence

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Evidence Precautionary Principlewhen human activities may

lead to threat of serious and irreversible damage to theenvironment that is scientifically plausible but

uncertain, actions shall be taken to avoid or diminishthe threat.

Where there is a lack of full scientific certainty inestablishing the causal link, the court shall apply theprecautionary principle.

Preferential option for the right to a balanced andhealthful ecology (like for labor in Labor Law)

Stan ar s or

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Stan ar s orApplication-

Factors Threat to human

life or health

Inequity to futuregenerations

Prejudice to theenvironment

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Writ of Kalikasan example: Flooding?

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THE WORLD IS HEADED FOR WATER

BANKRUPTCY Agence France-Presse-7 FEB 2009

DAVOS -- The world is heading toward "water bankruptcy" as demandfor the precious commodity outstrips even high population growth, anew report warned Friday.

In less than 20 years, water scarcity could lose the equivalent ofthe entire grain crops of India and the United States, said the WorldEconomic Forum report, which added that food demand is expected tosky-rocket in coming decades.

"The world simply cannot manage water in the future in the sameway as in the past or the economic web will collapse," said the report.

Water has been consistently under-priced in many regions andhas been wasted and overused, the report said.

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B fit f R i t C t h t

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Benefits of Rainwater Catchment

Prevent flooding Recharge the underground

water (the aquifer). Serve as a water source,

especially during the dryseason,

Food source fish andvegetables

Place for re-creation andrecharge of the spirit. Nothingsoothes nerves and spirits--frayed and frazzled by modern-day living than the sight andcompany of water.

Restorative economic activities

to unemployed. Restore the water it willalso restore the connectionbetween man and Nature.

Bank account --

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MANILA, Philippines - The Supreme Court (SC) has ordered the government toanswer 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

Malacaang, 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.

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What can we do

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What can we do

together?

Help with the RainwaterCatchment case

Sign up to be part of the

PhilippineEnvironmental LawForum (esp. divers,runners, mountainclimbers, nature lovers)

TransportationRevolution

Experiential training inthe School of the SEAs in

the summer of 2011

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Reform the Transportation System Those who have less in wheels must have more in road

Preferential policy for collective and non-pollutivelocomotion systems (trams, trains, rail-bus, widepedestrian lanes, wide bike lanes)

Executive Order 774

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Those who have less in wheels must have more

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Those who have less in wheels must have more

in road (Sec. 120 Local Government Code, (EO 774)

Change!

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Change!

Who?

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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 onebox (sell later), wet waste (food wastes, leaves,organic material put in a compost

More important you teach by example

WE ALL HAVE A ROLE THE POWER

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WE ALL HAVE A ROLE THE POWEROF ONE!

Mosquito-Stopping in a highway:

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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: A REVOLUTION

Revolution defined: a

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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: aTURN AROUND.

NOT just that: Turn it Upside Down!

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What can we do together?

Plan to usethe Law tospark arevolution (?)

Turn-aroundof themindset

Fromwasteful useto wise andsustainableuse

Will we succeed? Is

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Will we succeed? Isthis a fools errand?

Failure ISNOT AN

OPTION

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Story of a richman

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Be the Lightin your little

corner of the

world;

THANK YOU: Ordinary citizens YOUTH 20

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THANK YOU: Ordinary citizens, YOUTH 20yrs ago (we fought for your right to speak and takeaction. 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 BESPOKEN BY THE MOUTHS OF MANY, AND CARRIED ON THE SHOULDERS OF

ALL.

What light through yonder window breaks?

oft-quoted

Ten, fifty, a hundred years from now, and many

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, y, y , y

generations hereafter,

DURING OUR WATCH

Let it be said that during our

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DURING OUR WATCHLet it be said that during ourwatch

While gifted

with intelligence & insight,with privilege and position,

with the wealth of wisdom,

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And with the

freedom and

power

of the

Human Will,

Let it be said that

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Let it be said that

in our time,

And during ourwatch,We did our

share,

And maybe just maybe

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And maybe, just maybe

we will make a little difference.