Source: 

http://sc.judiciary.gov.ph/

Phillipines Supreme Court

There is no doubt that the new “Procedures for Environmental Cases” approved this April, 2010 by the Supreme Court in the Philippines are impressive. Starting with lofty objectives including protecting and advancing the constitutional right of the people to a balanced and healthful ecology, these rules propose to revolutionize how environmental cases are addressed. They apply to both civil and criminal trials in municipal and circuit courts. The rules include provisions to simplfy trials; make them speedier, and inexpensive. They also enable courts to monitor and ensure enforcement of judgments. The courts have been given sweeping new powers. Take the citizen suit provision, this allows ordinary citizens to bring matters before the court “any Filipino citizen in representation of others including children or generations yet unborn (Yes, I said unborn), to file any action to enforce rights or obligations under environmental laws”. The rules also prescribe requirements for mediation and powers for the judge to make best efforts for the parties to settle the matter.

A special writ called a WRIT OF KALIKASAN is available where a person’s constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful actor omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. This provision allows special orders to be issued by the court. This is a writ for environmental protection that could be applicable to cases of breaches of environmental laws on mining, logging and water pollution.

The courts have been given sweeping new powers to provide innovative remedies including the power to issue what is called a continuing mandamus – an order of the court directing a government agency or private business to perform an act to protect, preserve or require rehabilitation of the environment - e.g. fixing a series of sewage plants. To address the issue of costly trials the payment of filing and other legal fees by the person bringing the case (plaintiff) are deferred until a decision is made by court, while there are also specific provisions for no fees for poor persons.

Congratulations to our TAI partners from the Ateneo School of Government who worked so hard on advocating for these rules. They truly will revolutionize the way we think about courts responsibilities to address environmental cases.