Presentation on theme: "INTERIM RELIEF MEASURES – PREVENTING IRREVERSIBLE HARM TO THE ENVIRONMENT (PHILIPPINES ) Associate Justice LUCAS P. BERSAMIN Supreme Court of the Philippines."— Presentation transcript:
INTERIM RELIEF MEASURES – PREVENTING IRREVERSIBLE HARM TO THE ENVIRONMENT (PHILIPPINES ) Associate Justice LUCAS P. BERSAMIN Supreme Court of the Philippines The Third Chief Justices Roundtable on Environment “ASEAN’s Environmental Challenges and Legal Responses Royal Orchid Sheraton Hotel, Si Phraya Rd., Bangkok, Thailand November 15-18, 2013
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A.M. NO 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 )
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 parte May 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 ) Case: West Tower Condominium Corporation v. First Philippine Industrial Corporation, November 2010 (G.R. No )
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