WRIT OF

KALIKASAN

A. M. No. 08-1-16-
SC January 22, 2008
 WRIT OF KALIKASAN
Rule 7, Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)

On 13 April 2010, the Supreme Court issued the Rules of Procedure for
Environmental Cases (A.M. No. 09-6-8-SC) to protect the people’s constitutional
right to a balanced and healthful ecology. The Rules, which took effect on 29
April 2010, will govern the procedure in civil, criminal and special civil actions
involving enforcement or violations of environmental laws such as the Revised
Forestry Code, the Water Code, the Philippine Mining Act, the Indigenous Peoples
Rights Act, the Ecological Solid Waste Management Act, the Clean Air Act, and the
Clean Water Act
 NATURE OF THE WRIT OF
KALIKASAN
The writ is a remedy available to a NATURAL OR JURIDICAL PERSON , ENTITY authorized by law,
people’s organization, non-governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or threatened with violation by an unlawful act or
omission of a public official or employee, or private individual or entity, involving environmental
damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more
cities or provinces. (Sec. 1)

It is one of the two (2) special civil actions under A.M. No. 9-06-08-SC. It’s filing shall not preclude the
filing of separate civil, criminal or administrative action.
 CONTENTS OF THE WRIT
(Sec. 2)
The verified petition shall contain the following:
(a) The PERSONAL CIRCUMSTANCES of the petitioner;
(b) The NAME AND PERSONAL CIRCUSMTANCES of the respondent , IF UNKNOWN, describe by an
assumed appellation;
(c) The ENVIRONMENTAL LAW, RULE OR REGULATION violated or threatened to be violated, the ACT
complained of, and the ENVIRONMENTAL DAMAGE
(d) All RELEVANT AND MATERIAL EVIDENCE
(e) The CERTIFICATION OF PETITIONER under oath that:
(1) Not commenced and action or claim nor such other action or claim is pending in any court or tribunal;
(2)Complete statement or status of pending action or claim, if there is;
(3)Report within 5 days from knowledge of the same or similar action that was filed or pending.
(f) RELIEFS prayed which may include a prayer for the issuance of a TEPO
VENUE; DOCKET FEES;

VENUE (Sec. 3)
a) Supreme Court
b) any of the stations of the Court of Appeals.

No docket fees. (Sec.4)

ISSUANCE OF THE WRIT

ISSUANCE (Sec.5) : Within 3 days from filing of the petition

– if the petition is SUFFICIENT IN FORM AND SUBSTANCE, the
court shall give an order issuing the writ and requiring the
respondent to file a verified return.
– The CLERK OF COURT shall forthwith issue the writ under the
seal of the court including the issuance of a cease and desist
order (CDO) and other temporary reliefs effective until further
order
 SERVICE AND RETURN OF
THE WRIT; CONTEMPT
SERVICE OF THE WRIT (Sec. 6)
GR: Personal service
EXP: Substituted Service

[SERVICE OF RETURN] CONTEMPT (Sec. 7) without prejudice to other civil, criminal or administrative actions
• Against the Clerk of Court, Court Officer or Deputized Person : UNDULY REFUSES to serve the Writ

[RETURN OF WRIT] CONTEMPT (Sec. 13)

– Against RESPONDENT who REFUSES or UNDULY DELAYS the filing of a return, or who makes a FALSE RETURN or
any person who DISOBEYS OR RESIST a lawful process or order of the court for indirect contempt under Rule 71 of
the Rules of Court.
 CONTENTS OF THE RETURN OF THE
WRIT (Sec. 8)

PERIOD OF RETURN: Within 10 DAYS after the Service of the Writ

a) All defenses : Respondent did not violate or threaten to violate, or allow the violation of any
environmental law, rule or regulation or commit any act resulting to environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or
provinces. (Waived if not raised)
b) Affidavits of witnesses, documentary evidence, scientific or other expert studies, object
evidence
– A general denial of allegations in the petition shall be considered as an admission thereof.
EFFECT OF FAILURE TO RETURN (Sec. 10) : The court will hear the petition ex-parte
HEARING AFTER RECEIPT OF RETURN (Sec. 11): Preliminary Conference within a non-extendible
period of 60 days
PROHIBITED PLEADINGS
AND MOTIONS
The following pleadings and motions are
prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
 DISCOVERY MEASURES
(Sec.12)
a) Order for Ocular Inspection Order
b) Order for Production or Inspection of Documents or Things

PRODUCTION ORDER shall specify:

a) the person or persons authorized to make the production
b) date, time, place and manner of making the inspection or
production
c) other conditions to protect the constitutional rights of all parties
 APPEAL VIA RULE 45 (Sec.16) FROM
FINAL OR ORDER JUDGMENT (Sec. 15);

Within a non-extendible period of 30 days from date of filing of petition

-court may require filing of memoranda, if possible in its electronic form
Within 60 days from the time the petition is submitted for decision:
- Court may either GRANT or DENY the writ of kalikasan
Within 15 days from date of notice of ADVERSE judgment or DENIAL of Motion for Reconsideration:
-ANY PARTY may appeal to the Supreme Court via Rule 45 on questions of law and fact

SEPARATE ACTIONS: The filing of a petition for the issuance of the writ
of kalikasan SHALL NOT PRECLUDE the filing of separate civil,
criminal or administrative actions.