Writ of Kalikasan

WRIT OF KALIKASAN
CASE NUMBER/TITLE/G.R NO/PONENTE CASE RULING

(1) MOST REV. PEDRO D. ARIGO, Vicar WRIT OF KALIKASAN AS A SPECIAL CIVIL ACTION – IS NOT COVERED BY THE IMMUNITY FROM SUIT /
Apostolic of Puerto Princesa D.D., ET. AL RELIEFS THAT MAYBE GRANTED IN A PETITION FOR A WRIT OF KALIKASAN
vs. SCOTT H. SWIFT in his capacity as
Commander of the US. 7th Fleet, MARK A. As it is, THE WAIVER OF STATE IMMUNITY UNDER THE VFA pertains only to criminal jurisdiction and not to special civil actions
RICE in his capacity as Commanding Officer such as the present petition for issuance of a writ of Kalikasan. In fact, it can be inferred from Section 17, Rule 7 of the Rules
of the USS Guardian, PRESIDENT BENIGNO that a criminal case against a person charged with a violation of an environmental law is to be filed separately: SEC. 17.
S. AQUINO III in his capacity as Institution of separate actions.- The FILING OF A PETITION FOR THE ISSUANCE OF THE WRIT OF KALIKASAN shall not preclude
Commander-in-Chief of the Armed Forces the filing of separate civil, criminal or administrative actions.
of the Philippines, HON. ALBERT F. DEL
ROSARIO, Secretary, pepartment of Foreign In any case, it is our considered view that a ruling on the APPLICATION OR NON-APPLICATION OF CRIMINAL JURISDICTION
Affair.s, HON. PAQUITO OCHOA, JR., PROVISIONS OF THE VFA TO US PERSONNEL who may be found responsible for the grounding of the USS Guardian, would be
Executiv~.:Secretary, Office of the premature and beyond the province of a petition for a writ of Kalikasan. We also find it unnecessary at this point to determine
President, . HON. VOLTAIRE T. GAZMIN, whether such waiver of State immunity is indeed absolute. In the same vein, we cannot grant damages which have resulted
Secretary, Department of National Defense, from the violation of environmental laws. The RULES ALLOWS THE RECOVERY OF DAMAGES, including the collection of
HON. RAMON JESUS P. P AJE, Secretary, administrative fines under R.A. No. 10067, in a separate civil suit or that deemed instituted with the criminal action charging the
Department of Environment and Natural same violation of an environmental law.
Resoz!rces, VICE ADMIRAL JOSE LUIS M.
ALANO, Philippine Navy Flag Officer in SECTION 5, Rule 7 enumerates the RELIEFS WHICH MAY BE GRANTED IN A PETITION FOR ISSUANCE OF A WRIT OF KALIKASAN,
Command, Armed Forces of the Philippines, to wit: SECTION 15: JUDGMENT - WITHIN SIXTY (60) DAYS from the time the petition is submitted for decision, the court shall
ADMIRAL RODOLFO D. ISO RENA, render judgment granting or denying the privilege of the writ of kalikasan.
Commandant, Philippine Coast Guard,
COMMODORE ENRICO EFREN THE RELIEFS THAT MAY BE GRANTED UNDER THE WRIT ARE THE FOLLOWING:
EVANGELISTA, Philippine Coast Guard
Palawan, MAJOR GEN. VIRGILIO 0. (a) Directing respondent to permanently cease and desist from committing acts or neglecting the performance of a duty in
DOMINGO, Commandant of Armed Forces violation of environmental laws resulting in environmental destruction or damage;
of the Philippines Command and LT. GEN.
TERRY G. ROBLING, US Marine Corps (b) Directing the respondent public official, government agency, private person or entity to protect, preserve, rehabilitate or
Forces. Pacific and Balikatan 2013 Exercise restore the environment;
Co-Director
(c) Directing the respondent public official, government agency, private person or entity to monitor strict compliance with the
decision and orders of the court;
(d) Directing the respondent public official, government agency, or private person or entity to make periodic reports on the
execution of the final judgment; and
(e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection,
preservation, rehabilitation or restoration of the environment, except the award of damages to individual petitioners. (Emphasis
supplied.)
(2) HON. RAMON JESUS P. PAJE, in his REQUISITES OF A WRIT OF KALIKASAN

capacity as SECRETARY OF THE
DEPARTMENT OF ENVIRONMENT AND The RULES ON THE WRIT OF KALIKASAN, which is Part III of the Rules of Procedure for Environmental Cases, was issued by the
NATURAL RESOURCES (DENR), vs. HON. Court pursuant to its power to promulgate rules for the protection and enforcement of constitutional rights, in particular, the
TEODORO A. CASIÑO, HON. RAYMOND V. individual’s right to a balanced and healthful ecology. Section 1 of Rule 7 provides:
PALATINO, HON. RAFAEL V. MARIANO,
HON. EMERENCIANA A. DE JESUS, SECTION 1. NATURE OF THE WRIT.- The WRIT is a remedy available to a natural or juridical person, entity authorized by law,
CLEMENTE G. BAUTISTA, JR., HON. ROLEN people’s organization, nongovernmental organization, or any public interest group accredited by or registered with any
C. PAULINO, HON. EDUARDO PIANO, HON. government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or
JAMES DE LOS REYES, HON. AQUILINO Y. threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving
CORTEZ, JR., HON. SARAH LUGERNA environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or
LIPUMANO-GARCIA, NORAIDA provinces.
VELARMINO, BIANCA CHRISTINE GAMBOA
ESPINOS, CHARO SIMONS, GREGORIO The WRIT is categorized as a special civil action and was, thus, conceptualized as an extraordinary remedy, which aims to provide
LLORCA MAGDARAOG, RUBELH PERALTA, judicial relief from threatened or actual violation/s of the constitutional right to a balanced and healthful ecology of a magnitude
ALEX CORPUS HERMOSO, RODOLFO or degree of damage that transcends political and territorial boundaries. It is intended "to provide a stronger defense for
SAMBAJON, REV. FR. GERARDO GREGORIO environmental rights through judicial efforts where institutional arrangements of enforcement, implementation and legislation
P. JORGE, CARLITO A. BALOY, OFELIA D. have fallen short" and seeks "to address the potentially exponential nature of large-scale ecological threats."
PABLO, MARIO ESQUILLO, ELLE LATINAZO,
EVANGELINE Q. RODRIGUEZ, JOHN CARLO Under Section 1 of Rule 7, the FOLLOWING REQUISITES MUST BE PRESENT TO AVAIL OF THIS EXTRAORDINARY REMEDY: (1)
DELOS REYES, G.R. No. 207257 there is an actual or threatened violation of the constitutional right to a balanced and healthful ecology; (2) the ACTUAL OR
February 3, 2015 THREATENED VIOLATION arises from an unlawful act or omission of a public official or employee, or private individual or entity;
and (3) the ACTUAL OR THREATENED VIOLATION involves or will lead to an environmental damage of such magnitude as to
PONENTE: DEL CASTILLO, J.: prejudice the life, health or property of inhabitants in two or more cities or provinces.
(3) WEST TOWER CONDOMINIUM PARTIES IN A WRIT OF KALIKASAN – LOCUS STANDI IS WAIVED IN A WRIT OF KALIKASAN
CORPORATION, on behalf of the Residents
of West Tower Condominium and in This is so considering that the FILING OF A PETITION FOR THE ISSUANCE OF A WRIT OF KALIKASAN under Sec. 1, Rule 745 of the
representation of Barangay Bangkal, and Rules of Procedure for Environmental Cases does not require that a petitioner be directly affected by an environmental
others, including minors and generations disaster. The RULE CLEARLY ALLOWS JURIDICAL PERSONS to file the petition on behalf of persons whose constitutional right to
yet unborn vs FIRST PHILIPPINE INDUSTRIAL a balanced and healthful ecology is violated, or threatened with violation.
CORPORATION, FIRST GEN CORPORATION
and their RESPECTIVE BOARD OF
DIRECTORS AND OFFICERS, JOHN DOES, and
RICHARD DOES, G.R. No. 194239
June 16, 2015
PONENTE: VELASCO, JR., J.:
(4) LNL ARCHIPELAGO MINERALS, INC., vs. BURDEN OF PROOF IN A WRIT OF KALIKASAN
AGHAM PARTY LIST (represented by its
President Rep. Angelo B. Palmones), G.R. The Rules are clear that in a WRIT OF KALIKASAN PETITIONER has the burden to prove the (1) environmental law, rule or
No. 209165 regulation violated or threatened to be violated; (2) act or omission complained of; and (3) the environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.
PONENTE: CARPIO, J.:
Even the Annotation to the Rules of Procedure for Environmental Cases states that the MAGNITUDE OF ENVIRONMENTAL
DAMAGE is a condition sine qua non in a petition for the issuance of a Writ of Kalikasan and must be contained in the verified
petition.
SECTION 2(C), RULE 7, PART III OF THE RULES OF PROCEDURE FOR ENVIRONMENTAL CASES provides: Section 2. CONTENTS OF
THE PETITION. - The VERIFIED PETITION SHALL CONTAIN THE FOLLOWING: (c) The environmental law, rule or regulation
violated or threatened to be violated, the act or omission complained of, and the environmental damage of such magnitude as
to prejudice the life, health or property of inhabitants in two or more cities or provinces.

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WRIT OF KALIKASAN

CASE NUMBER/TITLE/G.R NO/PONENTE CASE RULING

(2) HON. RAMON JESUS P. PAJE, in his REQUISITES OF A WRIT OF KALIKASAN

PONENTE: VELASCO, JR., J.:

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