Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 133 views

    Writ of Kalikasan

    Uploaded by

    mahara
    1) The writ of kalikasan is a remedy available to certain entities to address environmental damage affecting two or more provinces. 2) A petition for a writ of kalikasan must include details of the alleged environmental law or regulation violated, the damaging acts or omissions, and supporting evidence. 3) The Supreme Court or any Court of Appeals station may issue the writ. No docket fees are required.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd

    Writ of Kalikasan

    Uploaded by

    mahara
    133 views2 pages
    1) The writ of kalikasan is a remedy available to certain entities to address environmental damage affecting two or more provinces. 2) A petition for a writ of kalikasan must include details of the alleged environmental law or regulation violated, the damaging acts or omissions, and supporting evidence. 3) The Supreme Court or any Court of Appeals station may issue the writ. No docket fees are required.

    Original Description:

    Writ of Kalikasan

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) The writ of kalikasan is a remedy available to certain entities to address environmental damage affecting two or more provinces. 2) A petition for a writ of kalikasan must include details of the alleged environmental law or regulation violated, the damaging acts or omissions, and supporting evidence. 3) The Supreme Court or any Court of Appeals station may issue the writ. No docket fees are required.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    133 views2 pages

    Writ of Kalikasan

    Uploaded by

    mahara
    1) The writ of kalikasan is a remedy available to certain entities to address environmental damage affecting two or more provinces. 2) A petition for a writ of kalikasan must include details of the alleged environmental law or regulation violated, the damaging acts or omissions, and supporting evidence. 3) The Supreme Court or any Court of Appeals station may issue the writ. No docket fees are required.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    WRIT OF KALIKASAN

    BRIEF BACKGROUND: Section 16, Article II of the Philippine Constitution. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. SUPREME COURT: Administrative Matter No. 09-6-8-SC, dated April 13, 2010 RULES OF PROCEDURE FOR ENVIRONMENTAL CASES Rule 7 - WRIT OF KALIKASAN environmental law, rule or regulation violated or threatened to be violated, o the act or omission complained of, o and the environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. All relevant and material evidence consisting of o the affidavits of witnesses, o documentary evidence, o scientific or other expert studies, o and if possible, object evidence; The certification of petitioner under oath that: SALIENT FEATURES: o petitioner has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency, and no such other action or claim is pending therein; if there is such other pending action or claim, a complete statement of its present status; if petitioner should learn that the same or similar action or claim has been filed or is pending, petitioner shall report to the court that fact within five (5) days therefrom; and

    1) NATURE OF THE WRIT


    The writ is a remedy available to: a natural or juridical person, entity authorized by law, peoples organization, non-governmental organization, any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a o public official or employee, or o or private individual or entity, o

    The reliefs prayed for which may include a prayer for the issuance of a TEPO.

    3) VENUE
    Supreme Court with any of the stations of the Court of Appeals.

    involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

    4) DOCKET FEES
    No docket fees.

    2) CONTENTS OF THE PETITION:


    Petition must be VERIFIED. It shall contain the following: personal circumstances of the petitioner name and personal circumstances of the respondent or o if the name and personal circumstances are unknown and uncertain, the respondent may be described by an assumed appellation;

    5) PROCEDURE
    A) Issuance of the writ. Within three (3) days from the date of filing of the petition, if the petition is sufficient in form and substance, the court shall give an order: (a) issuing the writ; and (b) requiring the respondent to file a verified return.

    The clerk of court shall forthwith issue the writ under the seal of the court including the issuance of a cease and desist order and other temporary reliefs effective until further order. B) How the writ is served. The writ shall be served upon the respondent 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 case the writ cannot be served personally, the rule on substituted service shall apply.

    You might also like