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FR FABRIKAM RESIDENCES EIA and the Supreme Court’s Rules of Procedure for Environmental Cases ATTY. BRENDA JAY ANGELES MENDOZA Independent Environmental Law and Mediation Professional
FRFABRIKAM RESIDENCES
EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
ATTY. BRENDA JAY ANGELES MENDOZA
Independent Environmental Law and Mediation Professional
Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
• The Power of Judicial Review
• Doctrines Used in Resolving EIA-related Cases
• Illustrative Cases on EIA
• The 2010 Rules of Procedure for Environmental Cases
• Illustrative Cases on EIA after 2010
• Implications on Institutional Mandate and Insights on EIA Governance
E I A a n d t h e S u p r e m e C o u r t ’ s R u l e s o f P r o c e d u r e f o r E n v i r o n m e n t a l C a s e s
OUTLINE
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• To settle actual controversies involving rights which are legally demandable and enforceable
• To determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.
1987 CONST., Art. VIII, Sec. 1
D u t y o f c o u r t s o f j u s t i c e :
POWER OF JUDICIAL REVIEW
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
• If the determination of a case requires the expertise, specialized training, and knowledge of an administrative body
• Relief must first be obtained in an administrative proceeding before resort to courts is had
• Even if the matter may well be within their proper jurisdiction.
DOCTRINE OF PRIMARY JURISDICTION
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
• Before a party is allowed to seek the intervention of the court, he should have availed of all means of administrative processes afforded him.
• If a remedy within the administrative machinery can still be resorted to, then such remedy should be exhausted first before the court’s judicial power can be sought.
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
ISSUE:
• EIA Coverage; LGUs and EIA
RULING:
• The Supreme Court is not a trier of facts
• Factual findings of the trial court, when fully supported by evidence on record, are binding upon the Court and will not be disturbed on appeal
• None of the exceptions obtain in the case
G . R . 1 4 8 6 2 2 , 1 2 S e p t e m b e r 2 0 0 2
REPUBLIC vs CITY OF DAVAO
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
ISSUE:
• Issuance of ECC for a facility within an “eco-tourist zone”
RULING:
• ECC was issued by DENR regional office with jurisdiction and authority
• Whether the location is protected is a clear question of fact which the DENR may appropriately resolve before resorting to the courts
• Doctrine of exhaustion of administrative remedies applied
• Premature invocation of a court’s intervention renders the complaint without cause of action and dismissible on that ground
G . R . 1 3 1 4 4 2 , 1 0 J u l y 2 0 0 3
BANGUS FRY FISHERFOLK vs. HON. LANZANA
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
ISSUE
• Grave abuse of discretion by DENR Secretary in issuing ECC for a project
RULING:
• ECC issuance is an exercise by the DENR Secretary of his quasi-judicial functions
• Courts will not interfere in matters which are addressed to the sound discretion of the government agency entrusted with the regulation of activities coming under the special and technical training and knowledge of such agency
G . R . 1 6 1 4 3 6 , 2 3 J u n e 2 0 0 4
OTADAN, et.al. vs. RIO TUBA NICKEL MINING
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
• To protect and advance the people’s right to a healthful and balanced ecology
• To provide a simplified, speedy, and inexpensive procedure
• To introduce and adopt innovations and best practices ensuring the effective enforcement of remedies for violation of environmental laws
• To enable the courts to monitor and exact compliance with its orders and judgments
A . M . N o . 0 9 - 6 8 - 8 - S C
2010 RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
• Priority in adjudication
• Standing
• Strategic Lawsuits against Public Participation (SLAPP)
• Precautionary Principle
• Environmental Protection Order/Temporary Environmental Protection Order
• Writ of Continuing Mandamus
• Writ of Kalikasan
• Creative Penalties, Costs, Time Limits, and Prohibited Actions
INNOVATIVE FEATURES
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
ISSUE:• Compliance with requirements for acquiring ECC for a rehabilitation/reclamation project
RULING:• Rule on exhaustion of administrative remedies not applicable; case an exception
• No other plain, speedy, or adequate remedy in the ordinary course of law to determine questions of unique national and local importance raised, hence justified in coming to the Court
• Being the administrator of the EIS system, DENR-EMB’s submissions bear great weight, but…
• Questioned the sufficiency of the EIA evaluation of the project by the DENR RO
• TEPO converted into a Writ of Continuing Mandamus…
G . R . 1 9 6 8 7 0 , J u n e 2 6 , 2 0 1 2
BORACAY FOUNDATION vs. PROVINCE OF AKLAN
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
ISSUE:
• Can the validity of an ECC be challenged via a writ of kalikasan?
RULING:
• Yes. A party who invokes the writ based on alleged defects or irregularities in the issuance of the ECC must prove:
• such defects and irregularities; AND
• a causal link, a reasonable connection between the defects/irregularities in the ECC issuance AND the actual/threatened violation of the constitutional right to BHE (environmental damage) of the magnitude contemplated under the Rules
• Case an exception to the rule on exhaustion of administrative remedies: extreme urgency of the matter, to achieve substantial justice
G . R . 2 0 7 2 5 7 , 2 0 7 2 7 6 , 2 0 7 2 8 2 , 2 0 7 3 6 6 ( F e b . 3 , 2 0 1 5 )
PAJE vs. CASIÑO, RP ENERGY vs. CASIÑO cases
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
• The power of judicial review has the potential to influence EIA governance in the Philippines
• The Court can opt to exercise judicial restraint and defer to DENR using the long-held doctrines of PJ and EAR
• It can also opt to intervene when there is grave abuse of discretion on the part of DENR
• The 2010 Rules of Procedure provides a stronger anchor and leeway for the judiciary to take a pro-active stance on EIA matters
INSIGHTS
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
Implications on institutional mandates and EIA governance:
• Cases reflect some of the gaps/deficiencies in the current EIA practice and processes
• DENR’s governance of the EIS system comes closer to more cases of judicial scrutiny
• This will continue for so long as environmental justice is not felt at the administrative level
INSIGHTS
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
Heightened judicial review and scrutiny resulting from the
application of the Supreme Court’s environmental rules should be
welcomed by the EIA community as an important opportunity to
strengthen and reinforce expert governance; enhance public
participation; and further improve EIA policy and processes.
CONCLUDING REMARKS
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Atty. Brenda Jay Angeles Mendoza, EIA and the Supreme Court’s Rules of Procedure for Environmental Cases
