Highlights of the Rules

Transcription

1 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

2 Laws/Rules Covered Act No Prohibition Against Cutting of Tindalo, Akli, and Molave Trees P.D. No Revised Forestry Code P.D. No Sanitation Code P.D. No Marine Pollution Decree P.D. No Water Code P.D. No Philippine Environmental Policy of 1977 P.D. No Plant Quarantine Law of 1978

3 P.D. No Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes R.A. No 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 Laguna Lake Development Authority Act

4 R.A. No Toxic Substances and Hazardous Waste Act R.A. No People s Small- Scale Mining Act R.A. No National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas R.A. No Strategic Environmental Plan for Palawan Act R.A. No Philippine Mining Act R.A. No Indigenous Peoples Rights Act

5 R.A. No Philippine Fisheries Code R.A. No Clean Air Act R.A. No Ecological Solid Waste Management Act R.A. No National Caves and Cave Resource Management Act R.A. No Wildlife Conservation and Protection Act R.A. No Chainsaw Act R.A. No Clean Water Act R.A. No Oil Spill Compensation Act of 2007

6 Provisions in: C.A. No Public Land Act R.A. No CARL R.A. No Local Government Code of 1991 R.A. No Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC) R.A. No Seed Industry Development Act of 1992 R.A. No High-Value Crops Development Act

7 R.A. No Coconut Preservation Act R.A. No Agriculture and Fisheries Modernization Act of 1997 R.A. No The Philippine Archipelagic Baselines Law R.A. No Renewable Energy Act of 2008 R.A. No Philippine Biofuels Act Other existing laws that relate to the conservation, development, preservation, protection and utilization of the environment and natural resources.

8 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)

9 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)

10 DEMOLITION OPERATIONS IN BANTAYAN ISLAND NO TRO EXCEPT SC AND ANTI-SLAPP

11 RULES OF CIVIL PROCEDURE (continued) 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)

12 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

13 Special Civil Actions Writ of Kalikasan Writ of Continuing Mandamus

14 Writ of Kalikasan 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

15 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

16 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

17 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-

18 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 Damages Ocular Inspection & Production of documents, things Award not available to individual petitioner. Must file separate action for damages. None Personal damages may be awarded.

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20 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

21 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

22 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)

23 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

24 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

25 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)

26 Standards for Application- Factors Threat to human life or health Inequity to future generations Prejudice to the environment

27 Writ of Kalikasan example: Flooding?

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29 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.

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33 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 modernday 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 --

34 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.

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36 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

37 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

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39 Those who have less in wheels must have more in road (Sec. 120 Local Government Code, (EO 774)

40 Change! Who?

41 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) 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

42 WE ALL HAVE A ROLE THE POWER OF ONE! Mosquito-Stopping in a highway:

43 RATIONALE FEW ELITE LEADERS INTEREST GROUPS VOTING POPULATION THE FILIPINO MASSES - No significant influence over important decisions especially on those critical to the Environment

44 Our VISION: A REVOLUTION Revolution defined: a TURN AROUND. OUR VISION NOT just that: Turn it Upside Down! 1. Educate and Empower 2. Enable to exercise power to effect real positive change beginning within each of us

45 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

46 Will we succeed? Is this a fool s errand? Failure IS NOT AN OPTION

47 Story of a rich man

48 Be the Light in your little corner of the world;

49 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! oft-quoted 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?

50 Ten, fifty, a hundred years from now, and many generations hereafter,

51 DURING OUR WATCHLet it be said that during our watch While gifted with intelligence & insight, with privilege and position, with the wealth of wisdom,

52 And with the freedom and power of the Human Will,

53 Let it be said that in our time, And during our watch, We did our share,

54 And maybe, just maybe we will make a little difference.