RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

Summary of the Rules of Procedure for Environmental Cases:

General Provisions (Rule 1):
- Defines the title, scope, objectives, and key terms related to environmental cases.
- Scope covers civil, criminal, and special civil actions involving enforcement or violations of environmental laws. (Section 2)
- Objectives include protecting the right to a balanced ecology, providing a simplified procedure, introducing innovations, and enabling courts to monitor compliance. (Section 3)

Civil Procedure (Part II):

Pleadings and Parties (Rule 2):
- Allows complaint, answer, counterclaim, cross-claim, motion for intervention, discovery, and reconsideration. (Section 1)
- Prohibits certain pleadings like motion to dismiss, bill of particulars, and reply. (Section 2)
- Requires a verified complaint with evidence and certification against forum shopping. (Section 3)
- Allows any real party, including the government and organizations, to file a civil action. (Section 4)
- Allows citizen suits on behalf of others, including future generations. (Section 5)
- Requires service of the complaint on the government or appropriate agency. (Section 6)
- Provides for assignment by raffle and issuance of a Temporary Environmental Protection Order (TEPO) in urgent cases. (Sections 7-8)
- Prohibits Temporary Restraining Orders (TROs) and preliminary injunctions against government agencies enforcing environmental laws. (Section 10)
- Defers payment of filing and legal fees until after judgment. (Section 12)
- Allows service of summons by counsel or authorized persons. (Section 13)
- Requires a verified answer with evidence and affirmative defenses. (Section 14)
- Allows default judgment if the defendant fails to answer. (Section 15)

Pre-Trial (Rule 3):
- Requires pre-trial within one month of the last pleading and sets a two-month limit for pre-trial conferences. (Section 1)
- Requires pre-trial briefs with specific contents, including settlement options and evidence summaries. (Section 2)
- Mandates referral to mediation at the start of pre-trial. (Section 3)
- Allows preliminary conferences for marking exhibits, admissions, and other matters. (Section 4)
- Requires the judge to exert efforts for settlement and address various issues during pre-trial. (Sections 5-6)
- Allows dismissal without prejudice for repeated unjustified failure of the plaintiff to appear. (Section 7)
- Requires minutes of pre-trial and a pre-trial order within ten days after pre-trial. (Sections 8-9)
- Encourages settlement efforts at any stage before judgment. (Section 10)

Trial (Rule 4):
- Requires continuous trial not exceeding two months, with possible extension. (Section 1)
- Allows affidavits in lieu of direct examination, subject to cross-examination. (Section 2)
- Requires full examination of a witness in one day, subject to the court's discretion. (Section 3)
- Requires submission of the case for decision after the last party rests, with possible memoranda within 30 days. (Section 4)
- Requires the court to decide the case within 60 days from submission. (Section 4)
- Limits the period to try and decide the case to one year from filing, with possible extension. (Section 5)

Judgment and Execution (Rule 5):
- Allows reliefs including protection, preservation, rehabilitation of the environment, attorney's fees, and rehabilitation programs. (Section 1)
- Provides that judgments directing environmental protection shall be executory pending appeal. (Section 2)
- Allows conversion of a TEPO to a permanent EPO or issuance of a writ of continuing mandamus. (Section 3)
- Allows monitoring of judgment execution by a commissioner or government agency. (Section 4)
- Requires termination of execution upon showing of full satisfaction of the judgment. (Section 5)

Strategic Lawsuit Against Public Participation (SLAPP) (Rule 6):
- Defines SLAPP as a legal action intended to harass or stifle enforcement of environmental laws. (Section 1)
- Allows the defendant to raise SLAPP as a defense and counterclaim for damages. (Section 2)
- Requires a summary hearing on the SLAPP defense, with burden of proof on the parties. (Section 3)
- Requires resolution of the SLAPP defense within 30 days after the summary hearing. (Section 4)

Writ of Kalikasan (Rule 7):
- Defines the writ as a remedy for violations of the constitutional right to a balanced ecology. (Section 1)
- Specifies the required contents of the petition, including evidence and certification. (Section 2)
- Allows filing with the Supreme Court or Court of Appeals, with exemption from docket fees. (Sections 3-4)
- Provides for issuance of the writ and a cease and desist order within three days if the petition is sufficient. (Section 5)
- Requires the respondent to file a verified return within a non-extendible period of ten days. (Section 8)
- Prohibits certain pleadings and motions, including motion to dismiss and counterclaim. (Section 9)
- Allows default judgment if the respondent fails to file a return. (Section 10)
- Requires a hearing within 60 days, with priority like habeas corpus cases. (Section 11)
- Allows discovery measures like ocular inspection and production of documents. (Section 12)
- Allows punishment for contempt for disobedience or false return. (Section 13)
- Requires submission of the case for decision, with possible memoranda within 30 days. (Section 14)
- Requires judgment within 60 days from submission, with possible reliefs specified. (Section 15)
- Allows appeal to the Supreme Court within 15 days, which may raise questions of fact. (Section 16)
- Does not preclude separate civil, criminal, or administrative actions. (Section 17)

Writ of Continuing Mandamus (Rule 8):
- Allows a petition for a writ of continuing mandamus for unlawful neglect of duty related to environmental laws. (Section 1)
- Allows filing with the Regional Trial Court, Court of Appeals, or Supreme Court, with exemption from docket fees. (Sections 2-3)
- Requires the court to issue the writ and order the respondent to comment within ten days. (Section 4)
- Allows the court to issue orders to expedite proceedings and grant a TEPO. (Section 5)
- Requires summary proceedings and resolution within 60 days from submission. (Section 6)
- Allows the court to grant the writ, require periodic reports, and monitor compliance. (Section 7)
- Requires a final return of the writ upon full satisfaction of the judgment. (Section 8)

Criminal Procedure (Part IV):

Prosecution of Offenses (Rule 9):
- Allows any offended party, peace officer, or public officer to file a complaint. (Section 1)
- Requires filing of an information subscribed by the prosecutor. (Section 2)
- Allows a special prosecutor with the consent and supervision of the public prosecutor. (Section 3)

Prosecution of Civil Actions (Rule 10):
- Deems the civil action instituted with the criminal action unless waived or reserved. (Section 1)
- Requires reservation of the civil action during arraignment if not instituted earlier. (Section 1)
- Imposes filing and legal fees on civil liability awards as a first lien. (Section 1)
- Allocates damages awarded to the implementing agency if there is no private offended party. (Section 1)

Arrest (Rule 11):
- Allows warrantless arrest by peace officers or deputized individuals in certain circumstances. (Section 1)
- Requires warrants of arrest to be accompanied by a certified copy of the information. (Section 2)

Custody and Disposition of Seized Items (Rule 12):
- Requires custody and disposition in accordance with applicable laws or agency rules. (Section 1)
- Provides a procedure for inventory, auction, and disposition of proceeds if no applicable laws or rules. (Section 2)

Provisional Remedies (Rule 13):
- Allows the provisional remedy of attachment in environmental cases. (Section 1)
- Provides for the procedure and issuance of EPOs and TEPOs in criminal cases. (Section 2)

Bail (Rule 14):
- Allows filing of bail with various courts depending on the location of arrest. (Section 1)
- Requires the court to read the information, obtain an undertaking, and allow waiver of arraignment if the accused fails to appear. (Section 2)

Arraignment and Plea (Rule 15):
- Requires arraignment within 15 days from acquiring jurisdiction over the accused. (Section 1)
- Allows plea bargaining on the arraignment date, with the court issuing an order and receiving evidence on civil liability. (Section 2)

Pre-Trial (Rule 16):
- Requires setting of a pre-trial conference within 30 days after arraignment. (Section 1)
- Allows a preliminary conference for settlement, marking exhibits, and other matters. (Section 2)
- Specifies the duties of the judge during pre-trial, including defining issues and setting trial dates. (Section 3)
- Requires recording of proceedings and issuance of a pre-trial order within ten days. (Sections 4-7)

Trial (Rule 17):
- Requires continuous trial not exceeding three months from the pre-trial order. (Section 1)
- Allows affidavits in lieu of direct examination, subject to cross-examination. (Section 2)
- Allows the court to require memoranda within 30 days from submission for decision. (Section 3)
- Requires disposition of the case within ten months from arraignment. (Section 4)
- Requires the Integrated Bar of the Philippines to provide pro bono lawyers if the accused cannot afford counsel. (Section 5)

Subsidiary Liability (Rule 18):
- Allows enforcement of subsidiary liability against persons or corporations under the Revised Penal Code. (Section 1)

SLAPP in Criminal Cases (Rule 19):
- Allows the accused to file a motion to dismiss on the ground that the criminal action is a SLAPP. (Section 1)
- Requires a summary hearing with burden of proof on the parties. (Section 2)
- Requires the court to grant the motion if the accused establishes the SLAPP intent. (Section 3)

Evidence (Part V):

Precautionary Principle (Rule 20):
- Requires the court to apply the precautionary principle when there is a lack of scientific certainty on environmental effects. (Section 1)
- Provides factors to consider in applying the precautionary principle. (Section 2)

Documentary Evidence (Rule 21):
- Allows photographic, video, and similar evidence when authenticated. (Section 1)
- Provides that entries in official records made in performance of duty are prima facie evidence. (Section 2)

Final Provisions (Rule 22):
- Specifies the effectivity of the Rules 15 days after publication in a newspaper of general circulation. (Section 1)
- Provides for the suppletory application of the Rules of Court. (Section 2)