INTERIM RELIEF MEASURES – PREVENTING IRREVERSIBLE HARM TO

THE ENVIRONMENT(PHILIPPINES)

Associate Justice LUCAS P. BERSAMINSupreme Court of the Philippines

The Third Chief Justices Roundtable on Environment“ASEAN’s Environmental Challenges and Legal ResponsesRoyal Orchid Sheraton Hotel, Si Phraya Rd., Bangkok, ThailandNovember 15-18, 2013

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

(A.M. NO. 09-6-8-SC)

Promulgated on April 29, 2010

Main Objectives:

a. Protecting and advancing the constitutional right of the people to a balanced and healthful ecology

b. Expedite proceedings for the enforcement of this right through effective enforcement of

remedies and redress for violation of environmental laws

PROCEDURAL IMPROVEMENTS

a. Submission of all evidence at the time

of the filing of the complaint;b. Prohibited pleadings;c. Extensive use of pre-trial;d. Affidavits of witnesses in lieu of direct

examination;e. Limited trial duration.

NEW REMEDIAL MEASURES

Environmental Protection Order Writ of Kalikasan Writ of Continuing Mandamus Consent Decree

ENVIRONMENTAL PROTECTION ORDER (EPO)

An order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve, or rehabilitate the environment

Temporary Protection Order (TEPO) – interim or ancillary relief

Case: Boracay Foundation Inc. v. The Province of Aklan, June 26, 2012 (G.R. No. 196870)

ENVIRONMENTAL PROTECTION ORDER (EPO)

TEPO – Application and issuance are the same with TRO;General Rule: issued after notice and hearing; Exception: may be issued ex parteMay only be issued in matters of extreme urgency; applicant will suffer grave injustice and irreparable injury;Effective for 72 hours.

WRIT OF KALIKASAN and WRIT

OF CONTINUING MANDAMUS

Writ of Continuing Mandamus - a special writ issued by the court directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied Writ of Kalikasan - a special writ specially designed to address large-scale environmental threats which may result to widespread destruction; the petition for the issuance thereof may only be filed in the Supreme Court or in the Court of Appeals

WRIT OF KALIKASAN and WRIT

OF CONTINUING MANDAMUS

Case: Metropolitan Manila Development Authority v. Concerned Residents of Manila Bay, December 18, 2008 (G.R. No. 171947-48) Case: West Tower Condominium Corporation v. First Philippine Industrial Corporation , November 2010 (G.R. No. 194239)

CONSENT DECREE

A judicially-approved settlement between concerned parties based on public interest and public policy to protect and preserve the environment ADVANTAGES:(1)it encourages the parties (the government and the violators) to come up with comprehensive, mutually acceptable solutions to the environmental problem, and since the agreement was arrived at voluntarily, there is a greater possibility of actual compliance; (2) it is open to public scrutiny; (3) it allows the parties to address issues other than those presented to the court; and (4) it is still subject to judicial approval and can be enforced through a court order

THANK YOU!