This document outlines rules for pleadings and parties in environmental cases. It discusses allowable and prohibited pleadings, requirements for complaints and answers, citizen suits, service of documents, assignment of cases, issuance of temporary environmental protection orders, and the effects of failing to file an answer. Key details include that the complaint must include evidence supporting the cause of action, citizen suits allow Filipino citizens to represent others, and failure to answer will result in the defendant being declared in default.
This document outlines rules for pleadings and parties in environmental cases. It discusses allowable and prohibited pleadings, requirements for complaints and answers, citizen suits, service of documents, assignment of cases, issuance of temporary environmental protection orders, and the effects of failing to file an answer. Key details include that the complaint must include evidence supporting the cause of action, citizen suits allow Filipino citizens to represent others, and failure to answer will result in the defendant being declared in default.
This document outlines rules for pleadings and parties in environmental cases. It discusses allowable and prohibited pleadings, requirements for complaints and answers, citizen suits, service of documents, assignment of cases, issuance of temporary environmental protection orders, and the effects of failing to file an answer. Key details include that the complaint must include evidence supporting the cause of action, citizen suits allow Filipino citizens to represent others, and failure to answer will result in the defendant being declared in default.
This document outlines rules for pleadings and parties in environmental cases. It discusses allowable and prohibited pleadings, requirements for complaints and answers, citizen suits, service of documents, assignment of cases, issuance of temporary environmental protection orders, and the effects of failing to file an answer. Key details include that the complaint must include evidence supporting the cause of action, citizen suits allow Filipino citizens to represent others, and failure to answer will result in the defendant being declared in default.
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RULE 2
PLEADINGS AND PARTIES
Section 1. Pleadings and motions allowed. The pleadings and motions that may be filed are complaint, answer which may include compulsory counterclaim and cross-claim, motion for intervention, motion for discovery and motion for reconsideration of the judgment. Motion for postponement, motion for new trial and petition for relief from judgment shall be allowed in highly meritorious cases or to prevent a manifest miscarriage of justice. Section 2. Prohibited pleadings or motions. The following pleadings or motions shall not be allowed: (a) Motion to dismiss the complaint; (b) Motion for a bill of particulars; (c) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed fifteen (15) days; (d) Motion to declare the defendant in default; (e) Reply and rejoinder; and (f) Third party complaint. Section 3. Verified complaint. The verified complaint shall contain the names of the parties, their addresses, the cause of action and the reliefs prayed for. The plaintiff shall attach to the verified complaint all evidence proving or supporting the cause of action consisting of the affidavits of witnesses, documentary evidence and if possible, object evidence. The affidavits shall be in question and answer form and shall comply with the rules of admissibility of evidence. The complaint shall state that it is an environmental case and the law involved. The complaint shall also include a certification against forum shopping. If the complaint is not an environmental complaint, the presiding judge shall refer it to the executive judge for re-raffle. Section 4. Who may file. Any real party in interest, including the government and juridical entities authorized by law, may file a civil action involving the enforcement or violation of any environmental law. Section 5. Citizen suit. Any Filipino citizen in representation of others, including minors or generations yet unborn, may file an action to enforce rights or obligations under environmental laws. Upon the filing of a citizen suit, the court shall issue an order which shall contain a brief description of the cause of action and the reliefs prayed for, requiring all interested parties to manifest their interest to intervene in the case within fifteen (15) days from notice thereof. The plaintiff may publish the order once in a newspaper of a general circulation in the Philippines or furnish all affected barangays copies of said order. Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be governed by their respective provisions. Section 6. Service of the complaint on the government or its agencies. - Upon the filing of the complaint, the plaintiff is required to furnish the government or the appropriate agency, although not a party, a copy of the complaint. Proof of service upon the government or the appropriate agency shall be attached to the complaint. Section 7. Assignment by raffle. - If there is only one (1) designated branch in a multiple-sala court, the executive judge shall immediately refer the case to said branch. If there are two (2) or more designated branches, the executive judge shall conduct a special raffle on the day the complaint is filed. Section 8. Issuance of Temporary Environmental Protection Order (TEPO). - If it appears from the verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of the multiple-sala court before raffle or the presiding judge of a single-sala court as the case may be, may issue ex parte a TEPO effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or
person enjoined. Within said period, the court where the case is assigned, shall conduct a summary hearing to determine whether the TEPO may be extended until the termination of the case. The court where the case is assigned, shall periodically monitor the existence of acts that are the subject matter of the TEPO even if issued by the executive judge, and may lift the same at any time as circumstances may warrant. The applicant shall be exempted from the posting of a bond for the issuance of a TEPO. Section 9. Action on motion for dissolution of TEPO. - The grounds for motion to dissolve a TEPO shall be supported by affidavits of the party or person enjoined which the applicant may oppose, also by affidavits. The TEPO may be dissolved if it appears after hearing that its issuance or continuance would cause irreparable damage to the party or person enjoined while the applicant may be fully compensated for such damages as he may suffer and subject to the posting of a sufficient bond by the party or person enjoined. Section 10. Prohibition against temporary restraining order (TRO) and preliminary injunction. - Except the Supreme Court, no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies that enforce environmental laws or prevent violations thereof. Section 11. Report on TEPO, EPO, TRO or preliminary injunction. - The judge shall report any action taken on a TEPO, EPO, TRO or a preliminary injunction, including its modification and dissolution, to the Supreme Court, through the Office of the Court Administrator, within ten (10) days from the action taken. Section 12. Payment of filing and other legal fees. - The payment of filing and other legal fees by the plaintiff shall be deferred until after judgment unless the plaintiff is allowed to litigate as an indigent. It shall constitute a first lien on the judgment award. For a citizen suit, the court shall defer the payment of filing and other legal fees that shall serve as first lien on the judgment award. Section 13. Service of summons, orders and other court processes. - The summons, orders and other court processes may be served by the sheriff, his deputy or other proper court officer or for justifiable reasons, by the counsel or representative of the plaintiff or any suitable person authorized or deputized by the court issuing the summons. Any private person who is authorized or deputized by the court to serve summons, orders and other court processes shall for that purpose be considered an officer of the court. The summons shall be served on the defendant, together with a copy of an order informing all parties that they have fifteen (15) days from the filing of an answer, within which to avail of interrogatories to parties under Rule 25 of the Rules of Court and request for admission by adverse party under Rule 26, or at their discretion, make use of depositions under Rule 23 or other measures under Rules 27 and 28. Should personal and substituted service fail, summons by publication shall be allowed. In the case of juridical entities, summons by publication shall be done by indicating the names of the officers or their duly authorized representatives. Section 14. Verified answer. - Within fifteen (15) days from receipt of summons, the defendant shall file a verified answer to the complaint and serve a copy thereof on the plaintiff. The defendant shall attach affidavits of witnesses, reports, studies of experts and all evidence in support of the defense. Affirmative and special defenses not pleaded shall be deemed waived, except lack of jurisdiction. Cross-claims and compulsory counterclaims not asserted shall be considered barred. The answer to counterclaims or cross-claims shall be filed and served within ten (10) days from service of the answer in which they are pleaded. Section 15. Effect of failure to answer. - Should the defendant fail to answer the complaint within the period provided, the court shall declare defendant in default and upon motion of the plaintiff, shall receive evidence ex parte and render judgment based thereon and the reliefs prayed for.
