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    Writ of Kalikasan VS Continuing Mandamus 2 Also

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    Kristanne Louise Yu
    The document compares two types of writs in Philippine law: the Writ of Kalikasan and the Writ of Continuing Mandamus. The Writ of Kalikasan is filed for environmental damage affecting two or more provinces, while the Writ of Continuing Mandamus addresses the unlawful neglect of a specific legal duty or unlawful denial of access. Key differences include who can file (individuals for mandamus, organizations for kalikasan), respondents (public or private for kalikasan, government for mandamus), and remedies available like discovery measures and damages.

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    Writ of Kalikasan VS Continuing Mandamus 2 Also

    Uploaded by

    Kristanne Louise Yu
    24 views3 pages
    The document compares two types of writs in Philippine law: the Writ of Kalikasan and the Writ of Continuing Mandamus. The Writ of Kalikasan is filed for environmental damage affecting two or more provinces, while the Writ of Continuing Mandamus addresses the unlawful neglect of a specific legal duty or unlawful denial of access. Key differences include who can file (individuals for mandamus, organizations for kalikasan), respondents (public or private for kalikasan, government for mandamus), and remedies available like discovery measures and damages.

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    Original Title

    WRIT OF KALIKASAN VS CONTINUING MANDAMUS 2 ALSO

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    The document compares two types of writs in Philippine law: the Writ of Kalikasan and the Writ of Continuing Mandamus. The Writ of Kalikasan is filed for environmental damage affecting two or more provinces, while the Writ of Continuing Mandamus addresses the unlawful neglect of a specific legal duty or unlawful denial of access. Key differences include who can file (individuals for mandamus, organizations for kalikasan), respondents (public or private for kalikasan, government for mandamus), and remedies available like discovery measures and damages.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    24 views3 pages

    Writ of Kalikasan VS Continuing Mandamus 2 Also

    Uploaded by

    Kristanne Louise Yu
    The document compares two types of writs in Philippine law: the Writ of Kalikasan and the Writ of Continuing Mandamus. The Writ of Kalikasan is filed for environmental damage affecting two or more provinces, while the Writ of Continuing Mandamus addresses the unlawful neglect of a specific legal duty or unlawful denial of access. Key differences include who can file (individuals for mandamus, organizations for kalikasan), respondents (public or private for kalikasan, government for mandamus), and remedies available like discovery measures and damages.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    WRIT OF KALIKASAN VS.

    WRIT OF CONTINUING MANDAMUS

    As to the subject matter:

    The WRIT OF KALIKASAN is available against an unlawful act or omission of a


    public official or employee, or private individual or entity, involving environmental
    damage of such magnitude as to prejudice the life, health or property of inhabitants in
    two or more cities or provinces.

    The WRIT OF CONTINUING MANDAMUS is directed against [a] the unlawful


    neglect in the performance of an act specifically enjoined by law in connection with the
    enforcement/ violation of an envt’l rule or [b] the unlawfully exclusion of another from
    the use or enjoyment of such right and in both instances, there is no other plain, speedy
    and adequate remedy in the ordinary course of law.

    As to who may file:

    The following can file a petition for WRIT OF KALIKASAN: [1] natural and juridical
    persons; [2] entities authorized by law; and public organizations, non-government
    organizations and public interest groups on behalf of persons whose right to a balanced
    and healthful ecology is violated or threatened to be violated.

    Only persons personally aggrieved by the unlawful act or omission may ask from a
    WRIT OF CONTINUING MANDAMUS.

    As to who the respondent is:

    The respondent in a petition for WRIT OF KALIKASAN may be public or private


    individual or entity.
    In a petition for WRIT OF CONTINUING MANDAMUS, the respondent may be the
    Government or its officers.

    As to payment of docket fees:

    Both are exempt from payment of docket fees.

    As to venue:

    A petition for WRIT OF KALIKASAN may be filed with the Supreme Court or the
    Court of Appeals.

    A petition for WRIT OF CONTINUING MANDAMUS may be filed with the Regional
    Trial Court exercising territorial jurisdiction, or the Court of Appeals, or the Supreme
    Court.

    As to use of discovery measures:

    The rule on WRIT OF KALIKASAN mentions ocular inspection and production or


    inspection order.

    The rule on CONTINUING MANDAMUS mentions no discovery measures.

    As to award of damages:

    Award of damages is allowed under the rule on CONTINUING MANDAMUS.

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