Legal Practicum

8/12/2019 Legal Practicum

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A.M. No. 12-8-8-SCJUDICIAL AFFIDAVIT RULE

Whereas,case congestion and delays plague most courts in cities,

given the huge volume of cases filed each year and the slow andcumbersome adversarial syste1n that the judiciary has in place;

Whereas, about 40% of criminal cases are dismissed annually owingto the fact that complainants simply give up con1ing to court afterrepeated postponements;

Whereas, few foreign businessmen make long-term investments in thePhilippines because its courts are unable to provide ample andspeedy protection to their investments, keeping its people poor;

Whereas, in order to reduce the time needed for completing thetestimonies of witnesses in cases under litigation, on February 21,2012 the Supreme Court approved for piloting by trial courts inQuezon City the compulsory use of judicial affidavits in place of thedirect testimonies of witnesses;

Whereas, it is reported that such piloting has quickly resulted inreducing by about two-thirds the time used for presenting the

testimonies of witnesses, thus speeding up the hearing andadjudication of cases;

Whereas, the Supreme Court Committee on the Revision of the Rulesof Court, headed by Senior Associate Justice Antonio T. Carpio, andthe Sub-Committee on the Revision of the Rules on Civil Procedure,headed by Associate Justice Roberto A. Abad, have recommended foradoption a Judicial Affidavit Rule that will replicate nationwide thesuccess of the Quezon City experience in the use of judicial affidavits;

and

Whereas, the Supreme Court En Banc finds merit in therecommendation;

NOW, THEREFORE,the Supreme Court En Banc hereby issues andpromulgates the following:


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Section 1.Scope.- (a) This Rule shall apply to all actions,proceedings, and incidents requiring the reception of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts

in Cities, the Municipal Trial Courts, the Municipal CircuitTrial Courts, and the Shari' a Circuit Courts but shall notapply to small claims cases under A.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari'a DistrictCourts;

(3) The Sandiganbayan, the Court of Tax Appeals, theCourt of Appeals, and the Shari'a Appellate Courts;

(4) The investigating officers and bodies authorized by theSupreme Court to receive evidence, including theIntegrated Bar of the Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whoserules of procedure are subject to disapproval of theSupreme Court, insofar as their existing rules of procedurecontravene the provisions of this Rule.1

(b) For the purpose of brevity, the above courts, quasi-judicialbodies, or investigating officers shall be uniformly referred tohere as the "court."

Section 2.Submission of Judicial Affidavits and Exhibits in lieu ofdirect testimonies.- (a) The parties shall file with the court and serveon the adverse party, personally or by licensed courier service, notlater than five days before pre-trial or preliminary conference or thescheduled hearing with respect to motions and incidents, the

following:

(1) The judicial affidavits of their witnesses, which shalltake the place of such witnesses' direct testimonies; and

(2) The parties' docun1entary or object evidence, if any,which shall be attached to the judicial affidavits and marked
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as Exhibits A, B, C, and so on in the case of thecomplainant or the plaintiff, and as Exhibits 1, 2, 3, and soon in the case of the respondent or the defendant.

(b) Should a party or a witness desire to keep the originaldocument or object evidence in his possession, he may, after thesame has been identified, marked as exhibit, and authenticated,warrant in his judicial affidavit that the copy or reproductionattached to such affidavit is a faithful copy or reproduction of thatoriginal. In addition, the party or witness shall bring the originaldocument or object evidence for comparison during thepreliminary conference with the attached copy, reproduction, orpictures, failing which the latter shall not be admitted.

This is without prejudice to the introduction of secondary evidence inplace of the original when allowed by existing rules.

Section 3.Contents of judicial Affidavit.- A judicial affidavit shall beprepared in the language known to the witness and, if not in English orFilipino, accompanied by a translation in English or Filipino, and shallcontain the following:

(a) The name, age, residence or business address, andoccupation of the witness;

(b) The name and address of the lawyer who conducts orsupervises the examination of the witness and the place wherethe examination is being held;

(c) A statement that the witness is answering the questionsasked of him, fully conscious that he does so under oath, andthat he may face criminal liability for false testimony or perjury;

(d) Questions asked of the witness and his correspondinganswers, consecutively numbered, that:

(1) Show the circumstances under which the witnessacquired the facts upon which he testifies;


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(2) Elicit from him those facts which are relevant to theissues that the case presents; and

(3) Identify the attached documentary and object evidence

and establish their authenticity in accordance with theRules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administersthe oath or an officer who is authorized by law to administer thesame.

Section 4.Sworn attestation of the lawyer.- (a) The judicial affidavit

shall contain a sworn attestation at the end, executed by the lawyerwho conducted or supervised the examination of the witness, to theeffect that:

(1) He faithfully recorded or caused to be recorded thequestions he asked and the corresponding answers thatthe witness gave; and

(2) Neither he nor any other person then present or

assisting him coached the witness regarding the latter'sanswers.

(b) A false attestation shall subject the lawyer mentioned todisciplinary action, including disbarment.

Section 5.Subpoena.- If the government employee or official, or therequested witness, who is neither the witness of the adverse party nora hostile witness, unjustifiably declines to execute a judicial affidavit or

refuses without just cause to make the relevant books, documents, orother things under his control available for copying, authentication,and eventual production in court, the requesting party may availhimself of the issuance of a subpoena ad testificandumor ducestecumunder Rule 21 of the Rules of Court. The rules governing theissuance of a subpoena to the witness in this case shall be the same


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as when taking his deposition except that the taking of a judicialaffidavit shal1 be understood to be ex parte.

Section 6.Offer of and objections to testimony in judicial affidavit.-

The party presenting the judicial affidavit of his witness in place ofdirect testimony shall state the purpose of such testimony at the startof the presentation of the witness. The adverse party may move todisqualify the witness or to strike out his affidavit or any of the answersfound in it on ground of inadmissibility. The court shall promptly ruleon the motion and, if granted, shall cause the marking of any excludedanswer by placing it in brackets under the initials of an authorizedcourt personnel, without prejudice to a tender of excluded evidenceunder Section 40 of Rule 132 of the Rules of Court.

Section 7.Examination of the witness on his judicial affidavit.- Theadverse party shall have the right to cross-examine the witness on his

judicial affidavit and on the exhibits attached to the same. The partywho presents the witness may also examine him as on re-direct. Inevery case, the court shall take active part in examining the witness todetermine his credibility as well as the truth of his testimony and toelicit the answers that it needs for resolving the issues.

Section 8.Oral offer of and objections to exhibits.- (a) Upon thetermination of the testimony of his last witness, a party shallimmediately make an oral offer of evidence of his documentary orobject exhibits, piece by piece, in their chronological order, stating thepurpose or purposes for which he offers the particular exhibit.

(b) After each piece of exhibit is offered, the adverse party shallstate the legal ground for his objection, if any, to its admission,and the court shall immediately make its ruling respecting thatexhibit.

(c) Since the documentary or object exhibits form part of thejudicial affidavits that describe and authenticate them, it issufficient that such exhibits are simply cited by their markingsduring the offers, the objections, and the rulings, dispensing withthe description of each exhibit.


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Section 9.Application of rule to criminal actions.- (a) This rule shallapply to all criminal actions:

(1) Where the maximum of the imposable penalty does not

exceed six years;

(2) Where the accused agrees to the use of judicialaffidavits, irrespective of the penalty involved; or

(3) With respect to the civil aspect of the actions, whateverthe penalties involved are.

(b) The prosecution shall submit the judicial affidavits of itswitnesses not later than five days before the pre-trial, serving

copies if the same upon the accused. The complainant or publicprosecutor shall attach to the affidavits such documentary orobject evidence as he may have, marking them as Exhibits A, B,C, and so on. No further judicial affidavit, documentary, or objectevidence shall be admitted at the trial.

(c) If the accused desires to be heard on his defense afterreceipt of the judicial affidavits of the prosecution, he shall havethe option to submit his judicial affidavit as well as those of his

witnesses to the court within ten days from receipt of suchaffidavits and serve a copy of each on the public and privateprosecutor, including his documentary and object evidencepreviously marked as Exhibits 1, 2, 3, and so on. These affidavitsshall serve as direct testimonies of the accused and hiswitnesses when they appear before the court to testify.

Section 10.Effect of non-compliance with the judicial Affidavit Rule.-(a) A party who fails to submit the required judicial affidavits and

exhibits on time shall be deemed to have waived their submission.The court may, however, allow only once the late submission of thesame provided, the delay is for a valid reason, would not undulyprejudice the opposing party, and the defaulting party pays a fine ofnot less than P 1,000.00 nor more than P5,000.00 at the discretion ofthe court.


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(b) The court shall not consider the affidavit of any witness whofails to appear at the scheduled hearing of the case as required.Counsel who fails to appear without valid cause despite noticeshall be deemed to have waived his client's right to confront by

cross-examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits thatdo not conform to the content requirements of Section 3 and theattestation requirement of Section 4 above. The court may,however, allow only once the subsequent submission of thecompliant replacement affidavits before the hearing or trialprovided the delay is for a valid reason and would not undulyprejudice the opposing party and provided further, that public or

private counsel responsible for their preparation and submissionpays a fine of not less than P1,000.00 nor more than P 5,000.00,at the discretion of the court.

Section 11.Repeal or modification of inconsistent rules.- Theprovisions of the Rules of Court and the rules of procedure governinginvestigating officers and bodies authorized by the Supreme Court toreceive evidence are repealed or modified insofar as these areinconsistent with the provisions of this Rule. 1wphi1

The rules of procedure governing quasi-judicialbodies inconsistentherewith are hereby disapproved.

Section 12.Effectivity.- This rule shall take effect on January 1, 2013following its publication in two newspapers of general circulation notlater than September 15, 2012. It shall also apply to existing cases.

Manila, September 4, 2012.

MARIA LOURDES P. A. SERENOChief Justice

ANTONIO T. CARPIOAssociate Justice

PRESBITERO J. VELASCO,JR.


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Associate Justice

TERESITA J. LEONARDO-DE CASTRO

Associate Justice

ARTURO D. BRION

Associate Justice

DISODADO M. PERLATAAssociate Justice

LUCAS P. BERSAMINAssociate Justice

MARIANO C. DELCASTILLO

Associate Justice

ROBERTO A. ABADAssociate Justice

MARTIN S. VILLARAMA, JR.Associate Justice

JOSE P. PEREZAssociate Justice

JOSE C. MENDOZAAssociate Justice

BIENVENIDO L. REYESAssociate Justice

ESTELA M. PERLAS-BERNABEAssociate Justice


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A.M. No. 11-9-4-SC

EFFICIENT USE OF PAPER RULE

Whereas, to produce 500 reams of paper, twenty trees are cut and

100,000 liters of water are used, water that is no longer reusable

because it is laden with chemicals and is just released to the environment

to poison our rivers and seas;

Whereas, there is a need to cut the judicial systems use excessive

quantities of costly paper, save our forests, avoid landslides, and mitigate

the worsening effects of climate change that the world is experiencing;

Whereas, the judiciary can play a big part in saving our trees, conserving

precious water and helping mother earth;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and

promulgates the following:

Sec. 1. Title of the Rule- This rule shall be known and cited as the

Efficient Use of Paper Rule.

Sec. 2.Applicability. This rule shall apply to all courts and quasi-judicial

bodies under the administrative supervision of the Supreme Court.

Sec. 3. Format and Style. a) All pleadings, motions and similar papers

intended for the court and quasi-judicial bodys consideration and action

(court-bound papers) shall written in single space with one-and-a half

space between paragraphs, using an easily readable font style of the

partys choice, of 14-size font, and on a 13 inch by 8.5- inch white bond

paper; and

b) All decisions, resolutions and orders issued by courts and quasi-judicial

bodies under the administrative supervision of the Supreme Court shall


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comply with these requirements. Similarly covered are the reports

submitted to the courts and transcripts of stenographic notes.

Sec. 4. Margins and Prints . The parties shall maintain the following

margins on all court-bound papers: a left hand margin of 1.5 inches from

the edge; an upper margin of 1.2 inches from the edge; a right hand

margin of 1.0 inch from the edge; and a lower margin of 1.0 inch from

the edge. Every page must be consecutively numbered.

Sec. 5. Copies to be filed. Unless otherwise directed by the court, the

number of court- bound papers that a party is required or desires to file

shall be as follows:

a. In the Supreme Court, one original (properly marked) and four copies,

unless the case is referred to the Court En Banc, in which event, the

parties shall file ten additional copies. For the En Banc, the parties need

to submit only two sets of annexes, one attached to the original and an

extra copy. For the Division, the parties need to submit also two sets of

annexes, one attached to the original and an extra copy. All members of

the Court shall share the extra copies of annexes in the interest of

economy of paper.

Parties to cases before the Supreme Court are further required, on

voluntary basis for the first six months following the effectivity of this

Rule and compulsorily afterwards unless the period is extended, to

submit, simultaneously with their court-bound papers, soft copies of the

same and their annexes (the latter in PDF format) either by email to the

Courts e-mail address or by compact disc (CD). This requirement is in

preparation for the eventual establishment of an e-filing paperless system

in the judiciary.


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b. In the Court of Appeals and the Sandiganbayan, one original (properly

marked) and two copies with their annexes;

c. In the Court of Tax Appeals, one original (properly marked) and twocopies with annexes. On appeal to the En Banc, one Original (properly

marked) and eight copies with annexes; and

d. In other courts, one original (properly marked) with the stated

annexes attached to it.

Sec. 6.Annexes Served on Adverse Party. A party required by the rules

to serve a copy of his court-bound on the adverse party need not enclose

copies of those annexes that based on the record of the court such party

already has in his possession. In the event a party requests a set of the

annexes actually filed with the court, the part who filed the paper shall

comply with the request within five days from receipt.

Sec. 7. Date of Effectivity. This rule shall take effect on January 1,

2013 after publication in two newspapers of general circulation in the

Philippines.

Manila, November 13, 2012.


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A.M. No. 09-6-8-SC

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

R E S O L U T I O N

Acting on the recommendation of the Chairperson of the Sub-committee on the Rules of Procedure for Environmental Casessubmitting for this Courts consideration and approval the proposedRules of Procedure for Environmental Cases, the Court Resolved to

APPROVE the same.

These Rules shall take effect within fifteen (15) days following itspublication once in a newspaper of general circulation.

April 13, 2010.

REYNATO S. PUNOChief Justice

ANTONIO T. CARPIOAssociate Justice

RENATO C. CORONAAssociate Justice

(on leave)CONCHITA CARPIO

MORALESAssociate Justice

PRESBITERO J. VELASCO,JR.

Associate Justice

ANTONIO EDUARDO B.NACHURA

Associate Justice

TERESITA J. LEONARDO-DE CASTRO

Associate Justice

ARTURO D. BRIONAssociate Justice

DIOSDADO M. PERALTAAssociate Justice

LUCAS P. BERSAMINAssociate Justice

MARIANO C. DELCASTILLO

Associate Justice


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(f) P.D. No. 1151, Philippine Environmental Policy of 1977;

(g) P.D. No. 1433, Plant Quarantine Law of 1978;

(h) P.D. No. 1586, Establishing an Environmental ImpactStatement System Including Other Environmental ManagementRelated Measures and for Other Purposes;

(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying orInjuring of Planted or Growing Trees, Flowering Plants andShrubs or Plants of Scenic Value along Public Roads, in Plazas,Parks, School Premises or in any Other Public Ground;

(j) R.A. No. 4850, Laguna Lake Development Authority Act;

(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;

(l) R.A. No. 7076, Peoples Small-Scale Mining Act;

(m) R.A. No. 7586, National Integrated Protected Areas SystemAct including all laws, decrees, orders, proclamations andissuances establishing protected areas;

(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;

(o) R.A. No. 7942, Philippine Mining Act;

(p) R.A. No. 8371, Indigenous Peoples Rights Act;

(q) R.A. No. 8550, Philippine Fisheries Code;

(r) R.A. No. 8749, Clean Air Act;

(s) R.A. No. 9003, Ecological Solid Waste Management Act;

(t) R.A. No. 9072, National Caves and Cave ResourceManagement Act;

(u) R.A. No. 9147, Wildlife Conservation and Protection Act;


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Section 4.Definition of Terms.-

(a) By-product or derivatives means any part taken or substanceextracted from wildlife, in raw or in processed form including

stuffed animals and herbarium specimens.1avvphi1

(b) Consent decree refers to a judicially-approved settlementbetween concerned parties based on public interest and publicpolicy to protect and preserve the environment.

(c) Continuing mandamus is a writ issued by a court in anenvironmental case directing any agency or instrumentality of thegovernment or officer thereof to perform an act or series of actsdecreed by final judgment which shall remain effective until

judgment is fully satisfied.

(d) Environmental protection order (EPO) refers to an orderissued by the court directing or enjoining any person orgovernment agency to perform or desist from performing an actin order to protect, preserve or rehabilitate the environment.

(e) Mineral refers to all naturally occurring inorganic substance insolid, gas, liquid, or any intermediate state excluding energy

materials such as coal, petroleum, natural gas, radioactivematerials and geothermal energy.

(f) Precautionary principle states that when human activities maylead to threats of serious and irreversible damage to theenvironment that is scientifically plausible but uncertain, actionsshall be taken to avoid or diminish that threat.

(g) Strategic lawsuit against public participation (SLAPP) refers

to an action whether civil, criminal or administrative, broughtagainst any person, institution or any government agency orlocal government unit or its officials and employees, with theintent to harass, vex, exert undue pressure or stifle any legalrecourse that such person, institution or government agency hastaken or may take in the enforcement of environmental laws,


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protection of the environment or assertion of environmentalrights.

(h) Wildlife means wild forms and varieties of flora and fauna, in

all developmental stages including those which are in captivity orare being bred or propagated.

PART IICIVIL PROCEDURE

RULE 2PLEADINGS AND PARTIES

Section 1.Pleadings and motions allowed.The pleadings and

motions that may be filed are complaint, answer which may includecompulsory 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 relieffrom judgment shall be allowed in highly meritorious cases or toprevent 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 fileanswer, 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.


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Section 3.Verified complaint.The verified complaint shall containthe names of the parties, their addresses, the cause of action and thereliefs prayed for.

The plaintiff shall attach to the verified complaint all evidence provingor supporting the cause of action consisting of the affidavits ofwitnesses, documentary evidence and if possible, object evidence.The affidavits shall be in question and answer form and shall complywith the rules of admissibility of evidence.

The complaint shall state that it is an environmental case and the lawinvolved. The complaint shall also include a certification against forumshopping. 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 thegovernment and juridical entities authorized by law, may file a civilaction involving the enforcement or violation of any environmental law.

Section 5.Citizen suit.Any Filipino citizen in representation ofothers, including minors or generations yet unborn, may file an actionto enforce rights or obligations under environmental laws. Upon thefiling of a citizen suit, the court shall issue an order which shall containa brief description of the cause of action and the reliefs prayed for,requiring all interested parties to manifest their interest to intervene inthe case within fifteen (15) days from notice thereof. The plaintiff maypublish the order once in a newspaper of a general circulation in thePhilippines or furnish all affected barangays copies of said order.

Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall begoverned by their respective provisions.

Section 6.Service of the complaint on the government or itsagencies.- Upon the filing of the complaint, the plaintiff is required tofurnish the government or the appropriate agency, although not aparty, a copy of the complaint. Proof of service upon the governmentor the appropriate agency shall be attached to the complaint.


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Should personal and substituted service fail, summons by publicationshall be allowed. In the case of juridical entities, summons bypublication shall be done by indicating the names of the officers ortheir duly authorized representatives.

Section 14.Verified answer.- Within fifteen (15) days from receipt ofsummons, the defendant shall file a verified answer to the complaintand serve a copy thereof on the plaintiff. The defendant shall attachaffidavits of witnesses, reports, studies of experts and all evidence insupport 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 beconsidered barred. The answer to counterclaims or cross-claims shallbe filed and served within ten (10) days from service of the answer inwhich they are pleaded.

Section 15.Effect of failure to answer.- Should the defendant fail toanswer the complaint within the period provided, the court shalldeclare defendant in default and upon motion of the plaintiff, shallreceive evidence ex parte and render judgment based thereon and thereliefs prayed for.

RULE 3PRE-TRIAL

Section 1.Notice of pre-trial.- Within two (2) days from the filing ofthe answer to the counterclaim or cross-claim, if any, the branch clerkof court shall issue a notice of the pre-trial to be held not later thanone (1) month from the filing of the last pleading.

The court shall schedule the pre-trial and set as many pre-trialconferences as may be necessary within a period of two (2) monthscounted from the date of the first pre-trial conference.

Section 2.Pre-trial brief.- At least three (3) days before the pretrial,the parties shall submit pre-trial briefs containing the following:


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(a) A statement of their willingness to enter into an amicablesettlement indicating the desired terms thereof or to submit thecase to any of the alternative modes of dispute resolution;

(b) A summary of admitted facts and proposed stipulation offacts;

(c) The legal and factual issues to be tried or resolved. For eachfactual issue, the parties shall state all evidence to support theirpositions thereon. For each legal issue, parties shall state theapplicable law and jurisprudence supporting their respectivepositions thereon;

(d) The documents or exhibits to be presented, includingdepositions, answers to interrogatories and answers to writtenrequest for admission by adverse party, stating the purposethereof;

(e) A manifestation of their having availed of discoveryprocedures or their intention to avail themselves of referral to acommissioner or panel of experts;

(f) The number and names of the witnesses and the substance

of their affidavits;

(g) Clarificatory questions from the parties; and

(h) List of cases arising out of the same facts pending beforeother courts or administrative agencies. Failure to comply withthe required contents of a pre-trial brief may be a ground forcontempt.

Failure to file the pre-trial brief shall have the same effect as failure toappear at the pre-trial.

Section 3.Referral to mediation.- At the start of the pre-trialconference, the court shall inquire from the parties if they have settledthe dispute; otherwise, the court shall immediately refer the parties ortheir counsel, if authorized by their clients, to the Philippine Mediation


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Center (PMC) unit for purposes of mediation. If not available, the courtshall refer the case to the clerk of court or legal researcher formediation.

Mediation must be conducted within a non-extendible period of thirty(30) days from receipt of notice of referral to mediation.

The mediation report must be submitted within ten (10) days from theexpiration of the 30-day period.

Section 4.Preliminary conference.- If mediation fails, the court willschedule the continuance of the pre-trial. Before the scheduled date ofcontinuance, the court may refer the case to the branch clerk of courtfor a preliminary conference for the following purposes:

(a) To assist the parties in reaching a settlement;

(b) To mark the documents or exhibits to be presented by theparties and copies thereof to be attached to the records aftercomparison with the originals;

(c) To ascertain from the parties the undisputed facts andadmissions on the genuineness and due execution of the

documents marked as exhibits;

(d) To require the parties to submit the depositions taken underRule 23 of the Rules of Court, the answers to writteninterrogatories under Rule 25, and the answers to request foradmissions by the adverse party under Rule 26;

(e) To require the production of documents or things requestedby a party under Rule 27 and the results of the physical and

mental examination of persons under Rule 28;

(f) To consider such other matters as may aid in its promptdisposition;

(g) To record the proceedings in the "Minutes of PreliminaryConference" to be signed by both parties or their counsels;


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(b) Determine if there are cases arising out of the same factspending before other courts and order its consolidation ifwarranted;

(c) Determine if the pleadings are in order and if not, order theamendments if necessary;

(d) Determine if interlocutory issues are involved and resolve thesame;

(e) Consider the adding or dropping of parties;

(f) Scrutinize every single allegation of the complaint, answerand other pleadings and attachments thereto, and the contents

of documents and all other evidence identified and pre-markedduring pre-trial in determining further admissions;

(g) Obtain admissions based on the affidavits of witnesses andevidence attached to the pleadings or submitted during pre-trial;

(h) Define and simplify the factual and legal issues arising fromthe pleadings and evidence. Uncontroverted issues and frivolousclaims or defenses should be eliminated;

(i) Discuss the propriety of rendering a summary judgment or ajudgment based on the pleadings, evidence and admissionsmade during pre-trial;

(j) Observe the Most Important Witness Rule in limiting thenumber of witnesses, determining the facts to be proved by eachwitness and fixing the approximate number of hours per witness;

(k) Encourage referral of the case to a trial by commissionerunder Rule 32 of the Rules of Court or to a mediator or arbitratorunder any of the alternative modes of dispute resolutiongoverned by the Special Rules of Court on Alternative DisputeResolution;


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(l) Determine the necessity of engaging the services of aqualified expert as a friend of the court (amicus curiae); and

(m) Ask parties to agree on the specific trial dates for continuous

trial, comply with the one-day examination of witness rule,adhere to the case flow chart determined by the court which shallcontain the different stages of the proceedings up to thepromulgation of the decision and use the time frame for eachstage in setting the trial dates.

Section 7.Effect of failure to appear at pre-trial.- The court shall notdismiss the complaint, except upon repeated and unjustified failure ofthe plaintiff to appear. The dismissal shall be without prejudice, and

the court may proceed with the counterclaim.

If the defendant fails to appear at the pre-trial, the court shall receiveevidence ex parte.

Section 8.Minutes of pre-trial.- The minutes of each pre-trialconference shall contain matters taken up therein, more particularlyadmissions of facts and exhibits, and shall be signed by the partiesand their counsel.

Section 9.Pre-trial order.- Within ten (10) days after the terminationof the pre-trial, the court shall issue a pre-trial order setting forth theactions taken during the pre-trial conference, the facts stipulated, theadmissions made, the evidence marked, the number of witnesses tobe presented and the schedule of trial. Said order shall bind theparties, limit the trial to matters not disposed of and control the courseof action during the trial.

Section 10.Efforts to settle.- The court shall endeavor to make the

parties agree to compromise or settle in accordance with law at anystage of the proceedings before rendition of judgment.

RULE 4TRIAL


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The court shall prioritize the adjudication of environmental cases.

RULE 5JUDGMENT AND EXECUTION

Section 1.Reliefs in a citizen suit.- If warranted, the court may grantto the plaintiff proper reliefs which shall include the protection,preservation or rehabilitation of the environment and the payment ofattorneys fees, costs of suit and other litigation expenses. It may alsorequire the violator to submit a program of rehabilitation or restorationof the environment, the costs of which shall be borne by the violator,or to contribute to a special trust fund for that purpose subject to thecontrol of the court.

Section 2.Judgment not stayed by appeal.- Any judgment directingthe performance of acts for the protection, preservation orrehabilitation of the environment shall be executory pending appealunless restrained by the appellate court.

Section 3.Permanent EPO; writ of continuing mandamus.- In thejudgment, the court may convert the TEPO to a permanent EPO orissue a writ of continuing mandamus directing the performance of actswhich shall be effective until the judgment is fully satisfied.

The court may, by itself or through the appropriate governmentagency, monitor the execution of the judgment and require the partyconcerned to submit written reports on a quarterly basis or sooner asmay be necessary, detailing the progress of the execution andsatisfaction of the judgment. The other party may, at its option, submitits comments or observations on the execution of the judgment.

Section 4.Monitoring of compliance with judgment and orders of the

court by a commissioner.- The court may motu proprio, or uponmotion of the prevailing party, order that the enforcement of the

judgment or order be referred to a commissioner to be appointed bythe court. The commissioner shall file with the court written progressreports on a quarterly basis or more frequently when necessary.


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Section 5.Return of writ of execution.- The process of executionshall terminate upon a sufficient showing that the decision or orderhas been implemented to the satisfaction of the court in accordancewith Section 14, Rule 39 of the Rules of Court.

RULE 6STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

Section 1.Strategic lawsuit against public participation (SLAPP).- Alegal action filed to harass, vex, exert undue pressure or stifle anylegal recourse that any person, institution or the government hastaken or may take in the enforcement of environmental laws,protection of the environment or assertion of environmental rights shall

be treated as a SLAPP and shall be governed by these Rules.

Section 2.SLAPP as a defense; how alleged.- In a SLAPP filedagainst a person involved in the enforcement of environmental laws,protection of the environment, or assertion of environmental rights, thedefendant may file an answer interposing as a defense that the caseis a SLAPP and shall be supported by documents, affidavits, papersand other evidence; and, by way of counterclaim, pray for damages,attorneys fees and costs of suit.

The court shall direct the plaintiff or adverse party to file an oppositionshowing the suit is not a SLAPP, attaching evidence in supportthereof, within a non-extendible period of five (5) days from receipt ofnotice that an answer has been filed.

The defense of a SLAPP shall be set for hearing by the court afterissuance of the order to file an opposition within fifteen (15) days fromfiling of the comment or the lapse of the period.

Section 3.Summary hearing.- The hearing on the defense of aSLAPP shall be summary in nature. The parties must submit allavailable evidence in support of their respective positions. The partyseeking the dismissal of the case must prove by substantial evidencethat his act for the enforcement of environmental law is a legitimateaction for the protection, preservation and rehabilitation of the


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environment. The party filing the action assailed as a SLAPP shallprove by preponderance of evidence that the action is not a SLAPPand is a valid claim.

Section 4.Resolution of the defense of a SLAPP.- The affirmativedefense of a SLAPP shall be resolved within thirty (30) days after thesummary hearing. If the court dismisses the action, the court mayaward damages, attorneys fees and costs of suit under acounterclaim if such has been filed. The dismissal shall be withprejudice.

If the court rejects the defense of a SLAPP, the evidence adducedduring the summary hearing shall be treated as evidence of the

parties on the merits of the case. The action shall proceed inaccordance with the Rules of Court.

PART IIISPECIAL CIVIL ACTIONS

RULE 7WRIT OF KALIKASAN

Section 1.Nature of the writ.- The writ is a remedy available to a

natural or juridical person, entity authorized by law, peoplesorganization, non-governmental organization, or any public interestgroup accredited by or registered with any government agency, onbehalf of persons whose constitutional right to a balanced andhealthful ecology is violated, or threatened with violation by anunlawful act or omission of a public official or employee, or privateindividual or entity, involving environmental damage of suchmagnitude as to prejudice the life, health or property of inhabitants intwo or more cities or provinces.

Section 2.Contents of the petition.- The verified petition shall containthe following:

(a) The personal circumstances of the petitioner;


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(b) The name and personal circumstances of the respondent or ifthe name and personal circumstances are unknown anduncertain, the respondent may be described by an assumedappellation;

(c) The environmental law, rule or regulation violated orthreatened to be violated, the act or omission complained of, andthe environmental damage of such magnitude as to prejudice thelife, health or property of inhabitants in two or more cities orprovinces.

(d) All relevant and material evidence consisting of the affidavitsof witnesses, documentary evidence, scientific or other expert

studies, and if possible, object evidence;

(e) The certification of petitioner under oath that: (1) petitionerhas not commenced any action or filed any claim involving thesame issues in any court, tribunal or quasi-judicial agency, andno such other action or claim is pending therein; (2) if there issuch other pending action or claim, a complete statement of itspresent status; (3) if petitioner should learn that the same orsimilar action or claim has been filed or is pending, petitioner

shall report to the court that fact within five (5) days therefrom;and

(f) The reliefs prayed for which may include a prayer for theissuance of a TEPO.

Section 3.Where to file.- The petition shall be filed with the SupremeCourt or with any of the stations of the Court of Appeals.

Section 4.No docket fees.- The petitioner shall be exempt from the

payment of docket

fees.

Section 5.Issuance of the writ.- Within three (3) days from the dateof filing of the petition, if the petition is sufficient in form andsubstance, the court shall give an order: (a) issuing the writ; and (b)


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requiring the respondent to file a verified return as provided in Section8 of this Rule. The clerk of court shall forthwith issue the writ under theseal of the court including the issuance of a cease and desist orderand other temporary reliefs effective until further order.

Section 6.How the writ is served.- The writ shall be served upon therespondent by a court officer or any person deputized by the court,who shall retain a copy on which to make a return of service. In casethe writ cannot be served personally, the rule on substituted serviceshall apply.

Section 7.Penalty for refusing to issue or serve the writ.- A clerk ofcourt who unduly delays or refuses to issue the writ after its allowance

or a court officer or deputized person who unduly delays or refuses toserve the same shall be punished by the court for contempt withoutprejudice to other civil, criminal or administrative actions.

Section 8.Return of respondent; contents.- Within a non-extendibleperiod of ten (10) days after service of the writ, the respondent shallfile a verified return which shall contain all defenses to show thatrespondent did not violate or threaten to violate, or allow the violationof any environmental law, rule or regulation or commit any act

resulting to environmental damage of such magnitude as to prejudicethe life, health or property of inhabitants in two or more cities orprovinces.

All defenses not raised in the return shall be deemed waived.

The return shall include affidavits of witnesses, documentaryevidence, scientific or other expert studies, and if possible, objectevidence, in support of the defense of the respondent.

A general denial of allegations in the petition shall be considered asan admission thereof.

Section 9.Prohibited pleadings and motions.- The followingpleadings and motions are prohibited:

(a) Motion to dismiss;


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(b) Motion for extension of time to file return;

(c) Motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply; and

(h) Motion to declare respondent in default.

Section 10.Effect of failure to file return.- In case the respondent failsto file a return, the court shall proceed to hear the petition ex parte.

Section 11.Hearing.- Upon receipt of the return of the respondent,the court may call a preliminary conference to simplify the issues,determine the possibility of obtaining stipulations or admissions fromthe parties, and set the petition for hearing.

The hearing including the preliminary conference shall not extendbeyond sixty (60) days and shall be given the same priority aspetitions for the writs of habeas corpus, amparo and habeas data.

Section 12.Discovery Measures.- A party may file a verified motionfor the following reliefs:

(a) Ocular Inspection;order The motion must show that anocular inspection order is necessary to establish the magnitudeof the violation or the threat as to prejudice the life, health orproperty of inhabitants in two or more cities or provinces. It shall

state in detail the place or places to be inspected. It shall besupported by affidavits of witnesses having personal knowledgeof the violation or threatened violation of environmental law.


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After hearing, the court may order any person in possession orcontrol of a designated land or other property to permit entry forthe purpose of inspecting or

photographing the property or any relevant object or operationthereon.

The order shall specify the person or persons authorized tomake the inspection and the date, time, place and manner ofmaking the inspection and may prescribe other conditions toprotect the constitutional rights of all parties.

(b) Production or inspection of documents or things;orderThemotion must show that a production order is necessary toestablish the magnitude of the violation or the threat as toprejudice the life, health or property of inhabitants in two or morecities or provinces.

After hearing, the court may order any person in possession,custody or control of any designated documents, papers, books,accounts, letters, photographs, objects or tangible things, orobjects in digitized or electronic form, which constitute or containevidence relevant to the petition or the return, to produce andpermit their inspection, copying or photographing by or on behalfof the movant.

The production order shall specify the person or persons authorized tomake the production and the date, time, place and manner of makingthe inspection or production and may prescribe other conditions toprotect the constitutional rights of all parties.

Section 13.Contempt.- The court may after hearing punish the

respondent who refuses or unduly delays the filing of a return, or whomakes a false return, or any person who disobeys or resists a lawfulprocess or order of the court for indirect contempt under Rule 71 ofthe Rules of Court.


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Section 14.Submission of case for decision; filing of memoranda.-After hearing, the court shall issue an order submitting the case fordecision. The court may require the filing of memoranda and ifpossible, in its electronic form, within a non-extendible period of thirty

(30) days from the date the petition is submitted for decision.

Section 15.Judgment.- Within sixty (60) days from the time thepetition is submitted for decision, the court shall render judgmentgranting or denying the privilege of the writ of kalikasan.

The reliefs that may be granted under the writ are the following:

(a) Directing respondent to permanently cease and desist fromcommitting acts or neglecting the performance of a duty inviolation of environmental laws resulting in environmentaldestruction or damage;

(b) Directing the respondent public official, government agency,private person or entity to protect, preserve, rehabilitate orrestore the environment;

(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 theexecution of the final judgment; and

(e) Such other reliefs which relate to the right of the people to abalanced and healthful ecology or to the protection, preservation,rehabilitation or restoration of the

environment, except the award of damages to individualpetitioners.

Section 16.Appeal.- Within fifteen (15) days from the date of noticeof the adverse judgment or denial of motion for reconsideration, any


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party may appeal to the Supreme Court under Rule 45 of the Rules ofCourt. The appeal may raise questions of fact.

Section 17.Institution of separate actions.- The filing of a petition for

the issuance of the writ of kalikasan shall not preclude the filing ofseparate civil, criminal or administrative actions.

RULE 8WRIT OF CONTINUING MANDAMUS

Section 1.Petition for continuing mandamus.- When any agency orinstrumentality of the government or officer thereof unlawfully neglectsthe performance of an act which the law specifically enjoins as a dutyresulting from an office, trust or station in connection with theenforcement or violation of an environmental law rule or regulation ora right therein, or unlawfully excludes another from the use orenjoyment of such right and there is no other plain, speedy andadequate remedy in the ordinary course of law, the person aggrievedthereby may file a verified petition in the proper court, alleging thefacts with certainty, attaching thereto supporting evidence, specifyingthat the petition concerns an environmental law, rule or regulation, andpraying that judgment be rendered commanding the respondent to do

an act or series of acts until the judgment is fully satisfied, and to paydamages sustained by the petitioner by reason of the maliciousneglect to perform the duties of the respondent, under the law, rules orregulations. The petition shall also contain a sworn certification of non-forum shopping.

Section 2.Where to file the petition.- The petition shall be filed withthe Regional Trial Court exercising jurisdiction over the territory wherethe actionable neglect or omission occurred or with the Court of

Appeals or the Supreme Court.

Section 3.No docket fees.- The petitioner shall be exempt from thepayment of docket fees.

Section 4.Order to comment.- If the petition is sufficient in form andsubstance, the court shall issue the writ and require the respondent to


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PART IVCRIMINAL PROCEDURE

RULE 9

PROSECUTION OF OFFENSES

Section 1.Who may file.- Any offended party, peace officer or anypublic officer charged with the enforcement of an environmental lawmay file a complaint before the proper officer in accordance with theRules of Court.

Section 2.Filing of the information.- An information, charging aperson with a violation of an environmental law and subscribed by theprosecutor, shall be filed with the court.

Section 3.Special prosecutor.- In criminal cases, where there is noprivate offended party, a counsel whose services are offered by anyperson or organization may be allowed by the court as specialprosecutor, with the consent of and subject to the control andsupervision of the public prosecutor.

RULE 10PROSECUTION OF CIVIL ACTIONS

Section 1.Institution of criminal and civil actions.- When a criminalaction is instituted, the civil action for the recovery of civil liabilityarising from the offense charged, shall be deemed instituted with thecriminal action unless the complainant waives the civil action, reservesthe right to institute it separately or institutes the civil action prior to thecriminal action.

Unless the civil action has been instituted prior to the criminal action,

the reservation of the right to institute separately the civil action shallbe made during arraignment.

In case civil liability is imposed or damages are awarded, the filing andother legal fees shall be imposed on said award in accordance withRule 141 of the Rules of Court, and the fees shall constitute a first lienon the judgment award. The damages awarded in cases where there


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is no private offended party, less the filing fees, shall accrue to thefunds of the agency charged with the implementation of theenvironmental law violated. The award shall be used for therestoration and rehabilitation of the environment adversely affected.

RULE 11ARREST

Section 1.Arrest without warrant; when lawful.- A peace officer or anindividual deputized by the proper government agency may, without awarrant, arrest a person:

(a) When, in his presence, the person to be arrested hascommitted, is actually committing or is attempting to commit anoffense; or

(b) When an offense has just been committed, and he hasprobable cause to believe based on personal knowledge of factsor circumstances that the person to be arrested has committed it.Individuals deputized by the proper government agency who areenforcing environmental laws shall enjoy the presumption ofregularity under Section 3(m), Rule 131 of the Rules of Courtwhen effecting arrests for violations of environmental laws.

Section 2.Warrant of arrest.- All warrants of arrest issued by thecourt shall be accompanied by a certified true copy of the informationfiled with the issuing court.

RULE 12CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,

PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS

Section 1.Custody and disposition of seized items.- The custody anddisposition of seized items shall be in accordance with the applicablelaws or rules promulgated by the concerned government agency.

Section 2.Procedure.- In the absence of applicable laws or rulespromulgated by the concerned government agency, the followingprocedure shall be observed:


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(a) The apprehending officer having initial custody and control ofthe seized items, equipment, paraphernalia, conveyances andinstruments shall physically inventory and whenever practicable,photograph the same in the presence of the person from whom

such items were seized.

(b) Thereafter, the apprehending officer shall submit to theissuing court the return of the search warrant within five (5) daysfrom date of seizure or in case of warrantless arrest, submitwithin five (5) days from date of seizure, the inventory report,compliance report, photographs, representative samples andother pertinent documents to the public prosecutor forappropriate action.

(c) Upon motion by any interested party, the court may direct theauction sale of seized items, equipment, paraphernalia, tools orinstruments of the crime. The court shall, after hearing, fix theminimum bid price based on the recommendation of theconcerned government agency. The sheriff shall conduct theauction.

(d) The auction sale shall be with notice to the accused, the

person from whom the items were seized, or the owner thereofand the concerned government agency.

(e) The notice of auction shall be posted in three conspicuousplaces in the city or municipality where the items, equipment,paraphernalia, tools or instruments of the crime were seized.

(f) The proceeds shall be held in trust and deposited with thegovernment depository bank for disposition according to the

judgment.

RULE 13PROVISIONAL REMEDIES


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Section 1.Attachment in environmental cases.- The provisionalremedy of attachment under Rule 127 of the Rules of Court may beavailed of in environmental cases.

Section 2.Environmental Protection Order (EPO); TemporaryEnvironmental Protection Order (TEPO) in criminal cases.- Theprocedure for and issuance of EPO and TEPO shall be governed byRule 2 of these Rules.

RULE 14BAIL

Section 1.Bail, where filed.- Bail in the amount fixed may be filedwith the court where the case is pending, or in the absence orunavailability of the judge thereof, with any regional trial judge,metropolitan trial judge, municipal trial judge or municipal circuit trial

judge in the province, city or municipality. If the accused is arrested ina province, city or municipality other than where the case is pending,bail may also be filed with any Regional Trial Court of said place, or ifno judge thereof is available, with any metropolitan trial judge,municipal trial judge or municipal circuit trial judge therein. If the courtgrants bail, the court may issue a hold-departure order in appropriate

cases.Section 2.Duties of the court.- Before granting the application forbail, the judge must read the information in a language known to andunderstood by the accused and require the accused to sign a writtenundertaking, as follows:

(a) To appear before the court that issued the warrant of arrestfor arraignment purposes on the date scheduled, and if theaccused fails to appear without justification on the date of

arraignment, accused waives the reading of the information andauthorizes the court to enter a plea of not guilty on behalf of theaccused and to set the case for trial;

(b) To appear whenever required by the court where the case ispending; and


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(c) To waive the right of the accused to be present at the trial,and upon failure of the accused to appear without justificationand despite due notice, the trial may proceed in absentia.

RULE 15ARRAIGNMENT AND PLEA

Section 1.Arraignment.- The court shall set the arraignment of theaccused within fifteen (15) days from the time it acquires jurisdictionover the accused, with notice to the public prosecutor and offendedparty or concerned government agency that it will entertain plea-bargaining on the date of the arraignment.

Section 2.Plea-bargaining.- On the scheduled date of arraignment,the court shall consider plea-bargaining arrangements. Where theprosecution and offended party or concerned government agencyagree to the plea offered by the accused, the court shall:

(a) Issue an order which contains the plea-bargaining arrived at;

(b) Proceed to receive evidence on the civil aspect of the case, ifany; and

(c) Render and promulgate judgment of conviction, including thecivil liability for damages.

RULE 16PRE-TRIAL

Section 1.Setting of pre-trial conference.- After the arraignment, thecourt shall set the pre-trial conference within thirty (30) days. It mayrefer the case to the branch clerk of court, if warranted, for a

preliminary conference to be set at least three (3) days prior to thepre-trial.

Section 2.Preliminary conference.- The preliminary conference shallbe for the following purposes:


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(a) To assist the parties in reaching a settlement of the civilaspect of the case;

(b) To mark the documents to be presented as exhibits;

(c) To attach copies thereof to the records after comparison withthe originals;

(d) To ascertain from the parties the undisputed facts andadmissions on the genuineness and due execution of documentsmarked as exhibits;

(e) To consider such other matters as may aid in the promptdisposition of the case;

(f) To record the proceedings during the preliminary conferencein the Minutes of Preliminary Conference to be signed by theparties and counsel;

(g) To mark the affidavits of witnesses which shall be in questionand answer form and shall constitute the direct examination ofthe witnesses; and

(h) To attach the Minutes and marked exhibits to the case recordbefore the pre-trial proper. The parties or their counsel mustsubmit to the branch clerk of court the names, addresses andcontact numbers of the affiants.

Section 3.Pre-trial duty of the judge.- During the pre-trial, the courtshall:

(a) Place the parties and their counsels under oath;

(b) Adopt the minutes of the preliminary conference as part ofthe pre-trial proceedings, confirm markings of exhibits orsubstituted photocopies and admissions on the genuineness anddue execution of documents, and list object and testimonialevidence;


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(c) Scrutinize the information and the statements in the affidavitsand other documents which form part of the record of thepreliminary investigation together with other documents identifiedand marked as exhibits to determine further admissions of facts

as to:

i. The courts territorialjurisdiction relative to the offense(s)charged;

ii. Qualification of expert witnesses; and

iii. Amount of damages;

(d) Define factual and legal issues;

(e) Ask parties to agree on the specific trial dates and adhere tothe flow chart determined by the court which shall contain thetime frames for the different stages of the proceeding up topromulgation of decision;

(f) Require the parties to submit to the branch clerk of court thenames, addresses and contact numbers of witnesses that needto be summoned by subpoena; and

(g) Consider modification of order of trial if the accused admitsthe charge but interposes a lawful defense.

Section 4.Manner of questioning.- All questions or statements mustbe directed to the court.

Section 5.Agreements or admissions.- All agreements or admissionsmade or entered during the pre-trial conference shall be reduced in

writing and signed by the accused and counsel; otherwise, theycannot be used against the accused. The agreements covering thematters referred to in Section 1, Rule 118 of the Rules of Court shallbe approved by the court.


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Section 6.Record of proceedings.- All proceedings during the pre-trial shall be recorded, the transcripts prepared and the minutessigned by the parties or their counsels.

Section 7.Pre-trial order.- The court shall issue a pre-trial orderwithin ten (10) days after the termination of the pre-trial, setting forththe actions taken during the pre-trial conference, the facts stipulated,the admissions made, evidence marked, the number of witnesses tobe presented and the schedule of trial. The order shall bind the partiesand control the course of action during the trial.

RULE 17TRIAL

Section 1.Continuous trial.- The court shall endeavor to conductcontinuous trial which shall not exceed three (3) months from the dateof the issuance of the pre-trial order.

Section 2.Affidavit in lieu of direct examination.- Affidavit in lieu ofdirect examination shall be used, subject to cross-examination and theright to object to inadmissible portions of the affidavit.

Section 3.Submission of memoranda.- The court may require the

parties to submit their respective memoranda and if possible, inelectronic form, within a non-extendible period of thirty (30) days fromthe date the case is submitted for decision.

With or without any memoranda filed, the court shall have a period ofsixty (60) days to decide the case counted from the last day of the 30-day period to file the memoranda.

Section 4.Disposition period.- The court shall dispose the case

within a period of ten (10) months from the date of arraignment.

Section 5.Pro bono lawyers.- If the accused cannot afford theservices of counsel or there is no available public attorney, the courtshall require the Integrated Bar of the Philippines to provide pro bonolawyers for the accused.


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RULE 18SUBSIDIARY LIABILITY

Section 1.Subsidiary liability.- In case of conviction of the accused

and subsidiary liability is allowed by law, the court may, by motion ofthe person entitled to recover under judgment, enforce suchsubsidiary liability against a person or corporation subsidiary liableunder Article 102 and Article 103 of the Revised Penal Code.

RULE 19STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN

CRIMINAL CASES

Section 1.Motion to dismiss.- Upon the filing of an information incourt and before arraignment, the accused may file a motion todismiss on the ground that the criminal action is a SLAPP.

Section 2.Summary hearing.- The hearing on the defense of aSLAPP shall be summary in nature. The parties must submit all theavailable evidence in support of their respective positions. The partyseeking the dismissal of the case must prove by substantial evidencethat his acts for the enforcement of environmental law is a legitimateaction for the protection, preservation and rehabilitation of theenvironment. The party filing the action assailed as a SLAPP shallprove by preponderance of evidence that the action is not a SLAPP.

Section 3.Resolution.- The court shall grant the motion if theaccused establishes in the summary hearing that the criminal casehas been filed with intent to harass, vex, exert undue pressure or stifleany legal recourse that any person, institution or the government hastaken or may take in the enforcement of environmental laws,protection of the environment or assertion of environmental rights.

If the court denies the motion, the court shall immediately proceedwith the arraignment of the accused.

PART VEVIDENCE


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RULE 20PRECAUTIONARY PRINCIPLE

Section 1.Applicability.- When there is a lack of full scientific

certainty in establishing a causal link between human activity andenvironmental effect, the court shall apply the precautionary principlein resolving the case before it.

The constitutional right of the people to a balanced and healthfulecology shall be given the benefit of the doubt.

Section 2.Standards for application.- In applying the precautionaryprinciple, the following factors, among others, may be considered: (1)threats to human life or health; (2) inequity to present or futuregenerations; or (3) prejudice to the environment without legalconsideration of the environmental rights of those affected.

RULE 21DOCUMENTARY EVIDENCE

Section 1.Photographic, video and similar evidence.- Photographs,videos and similar evidence of events, acts, transactions of wildlife,wildlife by-products or derivatives, forest products or mineral

resources subject of a case shall be admissible when authenticated bythe person who took the same, by some other person present whensaid evidence was taken, or by any other person competent to testifyon the accuracy thereof.

Section 2.Entries in official records.- Entries in official records madein the performance of his duty by a public officer of the Philippines, orby a person in performance of a duty specially enjoined by law, areprima facie evidence of the facts therein stated.

RULE 22FINAL PROVISIONS

Section 1.Effectivity.- These Rules shall take effect within fifteen (15)days following publication once in a newspaper of general circulation.


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Section 2.Application of the Rules of Court.- The Rules of Courtshall apply in a suppletory manner, except as otherwise providedherein.

SUB-COMMITTEE ONTHE RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

ChairpersonCHIEF JUSTICE REYNATO S. PUNO

Members

JUSTICE PRESBITERO J. VELASCO, JR.

JUSTICE DIOSDADO M. PERALTA

JUSTICE LUCAS P. BERSAMIN

JUSTICE MA. ALICIA AUSTRIA-MARTINEZ (RET.)

COMMISSIONER MARY ANN LUCILLE L. SERING

JUDGE MYRNA LIM-VERANO

ATTY. ASIS G. PEREZ

SecretaryATTY. ABEGAIL T. SZE

Asst. SecretaryATTY. FERMIN NESTOR A. GADRINAB

Secretariat

ATTY. MARIA CAMILLE G. LANTION

JAMES CHRISTIAN A. BITANGA, ESQ.

MS. LIDA A. PILAPIL

MS. CLARITA T. ESCARDA


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THE RULE ON THEWRIT OF AMPARO

SUPREME COURT OFTHE PHILIPPINES

SECTION 1. Petition.The petition for a writ of amparo is a remedy available to any

person whose rightto life, liberty and security is violated or threatened with violation by

an unlawful act or omission of a public official or employee, or of a private individual or

entity.The writ shall cover extralegal killings and enforced disappearances or threats

thereof.

SEC. 2.Who May File. The petition may be filed by the aggrieved party or by any

qualified person or entity in the following order:

(a)Any member ofthe immediate family, namely:the spouse, children and parents of

the aggrieved party;

(b)Any ascendant, descendant or collateral relative ofthe aggrieved party within the

fourth civil degree of consanguinity or affinity,in default ofthose mentioned in the

preceding paragraph; or

(c)Any concerned citizen, organization, association or institution, ifthere is no known

member ofthe immediate family or relative ofthe aggrieved party.

The filing of a petition by the aggrieved party suspends the right of all other authorized

parties to file similar petitions. Likewise,the filing ofthe petition by an authorized party

on behalf ofthe aggrieved party suspends the right of all others, observing the order

established herein.

SEC. 3.Where to File. The petition may be filed on any day and at any time with the

Regional TrialCourt ofthe place where the threat, act or omission was committed or

any ofits elements occurred, or with the Sandiganbayan,theCourt ofAppeals,the

SupremeCourt, or any justice of such courts.The writ shall be enforceable anywhere in

the Philippines.


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When issued by a Regional TrialCourt or any judge thereof,the writ shall be returnable

before such court or judge.

When issued by the Sandiganbayan or theCourt ofAppeals or any oftheir justices, it

may be returnable before such court or any justice thereof, or to any Regional Trial

Court ofthe place where the threat, act or omission was committed or any ofits

elements occurred.When issued by the SupremeCourt or any ofits justices, it may be returnable before

suchCourt or any justice thereof, or before the Sandiganbayan or theCourt ofAppeals

or any oftheir justices, or to any Regional TrialCourt ofthe place where the threat, act

or omission was committed or any ofits elements occurred.

SEC. 4. No Docket Fees. The petitioner shall be exempted from the payment ofthe

docket and other lawfulfees when filing the petition.The court, justice or judge shall

docketthe petition and act upon itimmediately.

SEC. 5.Contents of Petition. The petition shall be signed and verified and shall allege

the following:

(a) The personal circumstances ofthe petitioner;

(b) The name and personal circumstances ofthe respondent responsible for the threat,

act or omission, or, ifthe name is unknown oruncertain,the respondent may be

described by an assumed appellation;

(c) The rightto life, liberty and security ofthe aggrieved party violated or threatened

with violation by an unlawful act or omission ofthe respondent, and how such threat or

violation is committed with the attendant circumstances detailed in supporting

affidavits;

(d) The investigation conducted, if any, specifying the names, personal circumstances,

and addresses ofthe investigating authority or individuals, as well as the manner and

conduct ofthe investigation,together with any report;


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(e) The actions and recourses taken by the petitioner to determine the fate or

whereabouts ofthe aggrieved party and the identity ofthe person responsible for the

threat, act or omission; and

(f) The relief prayed for the petition may include a general prayer for other just and

equitable reliefs.

SEC. 6.Issuance ofthe Writ. Upon the filing ofthe petition,the court, justice or judge

shall immediately order the issuance ofthe writif on its face it oughtto issue.The clerk

of court shall issue the writ under the seal ofthe court; or in case of urgent necessity,the

justice or the judge may issue the writ under his or her own hand, and may deputize any

officer or person to serve it.

The writ shall also setthe date and time for summary hearing ofthe petition which shall

not be later than seven (7) days from the date ofits issuance.

SEC. 7. Penalty for Refusing to Issue or Serve the Writ. Aclerk of court who refuses to

issue the writ after its allowance, or a deputized person who refuses to serve the same,

shall be punished by the court, justice or judge for contempt without prejudice to other

disciplinary actions.SEC.8. How the Writis Served. The writ shall be served upon the respondent by a

judicial officer or by a person deputized by the court, justice or judge who shall retain a

copy on which to make a return of service.In case the writ cannot be served personally

on the respondent,the rules on substituted service shall apply.

SEC. 9. ReturnContents. Within seventy-two (72) hours after service ofthe writ,the

respondent shallfile a verified written return together with supporting affidavits which

shall, among other things, contain the following:

(a) The lawful defenses to show thatthe respondent did not violate or threaten with

violation the rightto life, liberty and security ofthe aggrieved party,through any act or

omission;


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(b) The steps or actions taken by the respondentto determine the fate or whereabouts of

the aggrieved party and the person or persons responsible for the threat, act or

omission;

(c)All relevantinformation in the possession ofthe respondent pertaining to the threat,

act or omission againstthe aggrieved party; and

(d)Ifthe respondentis a public official or employee,the return shallfurther state the

actions that have been or will still be taken:

(i)to verify the identity ofthe aggrieved party;

(ii)to recover and preserve evidence related to the death or disappearance ofthe person

identified in the petition which may aid in the prosecution ofthe person or persons

responsible;

(iii)to identify witnesses and obtain statements from them concerning the death or

disappearance;

(iv)to determine the cause, manner, location and time of death or disappearance as well

as any pattern or practice that may have brought aboutthe death or disappearance;

(v)to identify and apprehend the person or persons involved in the death or

disappearance; and

(vi)to bring the suspected offenders before a competent court.

The return shall also state other matters relevantto the investigation, its resolution and

the prosecution ofthe case.

Ageneral denial ofthe allegations in the petition shall not be allowed.

SEC. 10. Defenses not Pleaded Deemed Waived. All defenses shall be raised in the

return, otherwise,they shall be deemed waived.

SEC. 11. Prohibited Pleadings and Motions. The following pleadings and motions are

prohibited:(a) Motion to dismiss;


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(b) Motion for extension oftime to file return, opposition, affidavit, position paper and

other pleadings;

(c) Dilatory motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply;

(h) Motion to declare respondentin default;

(i)Intervention;

(j) Memorandum;

(k) Motion for reconsideration ofinterlocutory orders or interim relief orders; and

(l) Petition for certiorari, mandamus or prohibition against any interlocutory order.

SEC. 12.Ef ect of Failure to File Return. In case the respondentfails to file a return,

the court, justice or judge shall proceed to hear the petition ex parte.

SEC. 13. Summary Hearing. The hearing on the petition shall be summary. However,

the court, justice or judge may callfor a preliminary conference to simplify the issues

and determine the possibility of obtaining stipulations and admissions from the parties.

The hearing shall be from day to day until completed and given the same priority as

petitions for habeas corpus.

SEC. 14.Interim Reliefs. Upon filing ofthe petition or at anytime before final

judgment,the court, justice or judge may grant any ofthe following reliefs:

(a) Temporary Protection Order. The court, justice or judge, upon motion or motu

proprio, may order thatthe petitioner or the aggrieved party and any member ofthe

immediate family be protected in a government agency or by an accredited person or

private institution capable of keeping and securing their safety.Ifthe petitioner is an


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organization, association or institution referred to in Section 3(c) ofthis Rule,the

protection may be extended to the officers involved.

The SupremeCourt shall accreditthe persons and private institutions that shall extend

temporary protection to the petitioner or the aggrieved party and any member ofthe

immediate family, in accordance with guidelines which it shall issue.

The accredited persons and private institutions shall comply with the rules and

conditions that may be imposed by the court, justice or judge.

(b)Inspection Order. The court, justice or judge, upon verified motion and after due

hearing, may order any person in possession or control of a designated land or other

property,to permit entry for the purpose ofinspecting, measuring, surveying, or

photographing the property or any relevant object or operation thereon.The motion shall state in

detailthe place or places to be inspected.It shall be supported

by affidavits or testimonies of witnesses having personal knowledge ofthe enforced

disappearance or whereabouts ofthe aggrieved party.

Ifthe motion is opposed on the ground of national security or ofthe privileged nature of

the information,the court, justice or judge may conduct a hearing in chambers to

determine the merit ofthe opposition.

The movant must show thatthe inspection order is necessary to establish the right of

the aggrieved party alleged to be threatened or violated.

The inspection order shall specify the person or persons authorized to make the

inspection and the date,time, place and manner of making the inspection and may

prescribe other conditions to protectthe constitutional rights of all parties.The order

shall expire five (5) days after the date ofits issuance, unless extended for justifiable

reasons.

(c) Production Order. The court, justice or judge, upon verified motion and after due

hearing, may order any person in possession, custody or control of any designated


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documents, papers, books, accounts, letters, photographs, objects or tangible things, or

objects in digitized or electronic form, which constitute or contain evidence relevantto

the petition or the return,to produce and permittheir inspection, copying or

photographing by or on behalf ofthe movant.

The motion may be opposed on the ground of national security or ofthe privileged

nature ofthe information, in which case the court, justice or judge may conduct a

hearing in chambers to determine the merit ofthe opposition.

The court, justice or judge shall prescribe other conditions to protectthe constitutional

rights of allthe parties.

(d) Witness Protection Order. The court, justice or judge, upon motion or motu

proprio, may refer the witnesses to the Department of Justice for admission to the

Witness Protection, Security and Benefit Program, pursuantto RepublicAct No. 6981.

The court, justice or judge may also refer the witnesses to other government agencies, or

to accredited persons or private institutions capable of keeping and securing their

safety.

SEC. 15.Availability ofInterim Reliefs to Respondent. Upon verified motion ofthe

respondent and after due hearing,the court, justice or judge may issue an inspection

order or production order under paragraphs (b) and (c) ofthe preceding section.

A motion for inspection order under this section shall be supported by affidavits or

testimonies of witnesses having personal knowledge ofthe defenses ofthe respondent.

SEC. 16.Contempt. The court, justice or judge may order the respondent who refuses

to make a return, or who makes a false return, or any person who otherwise disobeys orresists a lawful

process or order ofthe courtto be punished for contempt.The

contemnor may be imprisoned or imposed a fine.

SEC. 17.Burden of Proof and Standard of Diligence Required. The parties shall

establish their claims by substantial evidence.The respondent who is a private


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individual or entity must prove that ordinary diligence as required by applicable laws,

rules and regulations was observed in the performance of duty.The respondent who is a

public official or employee must prove that extraordinary diligence as required by

applicable laws, rules and regulations was observed in the performance of duty.The

respondent public official or employee cannotinvoke the presumption that official duty

has been regularly performed to evade responsibility or liability.

SEC. 18. Judgment. The court shall render judgment within ten (10) days from the

time the petition is submitted for decision.Ifthe allegations in the petition are proven

by substantial evidence,the court shall grantthe privilege ofthe writ and such reliefs as

may be proper and appropriate; otherwise,the privilege shall be denied.

SEC. 19.Appeal. Any party may appealfrom the final judgment or order to the

SupremeCourt under Rule 45.The appeal may raise questions offact or law or both.

The period of appeal shall be five (5) working days from the date of notice ofthe adverse

judgment.The appeal shall be given the same priority as in habeas corpus cases.

SEC. 20.Archiving and Revival ofCases. The court shall not dismiss the petition, but

shall archive it, if upon its determination it cannot proceed for a valid cause such as the

failure of petitioner or witnesses to appear due to threats on their lives.

Aperiodic review ofthe archived cases shall be made by the amparo courtthat shall,

motu proprio or upon motion by any party, order their revival when ready for further

proceedings.The petition shall be dismissed with prejudice upon failure to prosecute

the case after the lapse oftwo (2) years from notice to the petitioner ofthe order

archiving the case.

The clerks of court shall submitto the Office oftheCourtAdministrator a consolidated

list of archived cases under this Rule notlater than the first week of January of every

year.


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SEC. 21.Institution of SeparateActions. This Rule shall not preclude the filing of

separate criminal, civil or administrative actions.

SEC. 22. Ef ect of Filing of a CriminalAction. When a criminal action has been

commenced, no separate petition for the writ shall be filed.The reliefs under the writ

shall be available by motion in the criminal case.

The procedure under this Rule shall govern the disposition ofthe reliefs available under

the writ of amparo.SEC. 23. Consolidation. When a criminal action is filed subsequentto the filing of a

petition for the writ,the latter shall be consolidated with the criminal action.

When a criminal action and a separate civil action are filed subsequentto a petition for a

writ of amparo,the latter shall be consolidated with the criminal action.After

consolidation,the procedure under this Rule shall continue to apply to the disposition of

the reliefs in the petition.

SEC. 24. Substantive Rights. This Rule shall not diminish, increase or modify

substantive rights recognized and protected by theConstitution.

SEC. 25. Suppletory Application ofthe Rules ofCourt.The Rules ofCourt shall

apply suppletorily insofar as itis notinconsistent with this Rule.

SEC. 26.Applicability to Pending Cases.This Rule shall govern cases involving

extralegal killings and enforced disappearances or threats thereof pending in the trial

and appellate courts.

SEC. 27.Ef ectivity.This Rule shalltake effect on October 24, 2007,following its

publication in three (3) newspapers of general circulation.


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A.M.No.08-1-16-SC

January 22, 2008

THE RULE ON THE WRIT OF HABEAS DATA

RESOLUTION

Acting on the recommendation of the Chairperson of the Committee on Revision of the

Rules of Court submitting for this Courts consideration and approval the proposed Rule

on theWrit of Habeas Data,theCourt Resolved toAPPROVE the same.

This Resolution shall take effect on February 2, 2008, following its publication in three

(3) newspapers of general circulation.

January 22, 2008.

THE RULE ON THE WRIT OF HABEAS DATA

Section 1. Habeas Data. - The writ of habeas data is a remedy available to any person

whose right to privacy in life, liberty or security is violated or threatened by an unlawful

act or omission of a public official or employee, or of a private individual or entity

engaged in the gathering, collecting or storing of data or information regarding the

person, family, home and correspondence of the aggrieved party.

Sec. 2. Who May File. - Any aggrieved party may file a petition for the writ of habeas

data. However, in cases of extralegal killings and enforced disappearances, the petition

may be filed by:

Any member of the immediate family of the aggrieved party, namely: the spouse,

children and parents; or

(a)

(b) Any ascendant, descendant or collateral relative ofthe aggrieved party within

the fourth civil degree of consanguinity or affinity, in default of those mentioned

in the preceding paragraph; or


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Sec. 3. Where to File.- The petition may be filed with the Regional Trial Court where thepetitioner or

respondent resides, or that which has jurisdiction over the place where the

data or information is gathered, collected or stored, atthe option ofthe petitioner.

The petition may also be filed with the SupremeCourt or theCourt ofAppeals or the

Sandiganbayan when the action concerns public data files of government offices.

Sec. 4.Where Returnable; Enforceable.- When the writis issued by a Regional Trial

Court or any judge thereof, it shall be returnable before such court or judge.

When issued by theCourt ofAppeals or the Sandiganbayan or any ofits justices, it may

be returnable before such court or any justice thereof, or to any Regional TrialCourt of

the place where the petitioner or respondent resides, or that which has jurisdiction over

the place where the data or information is gathered, collected or stored.

When issued by the SupremeCourt or any ofits justices, it may be returnable before

suchCourt or any justice thereof, or before theCourt ofAppeals or the Sandiganbayan

or any ofits justices, or to any Regional Trial Court ofthe place where the petitioner or

respondent resides, or that which has jurisdiction over the place where the data or

information is gathered, collected or stored.

The writ of habeas data shall be enforceable anywhere in the Philippines.

Sec. 5. Docket Fees.- No docket and other l

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