This document defines and explains strategic lawsuits against public participation (SLAPP), writ of kalikasan, writ of continuing mandamus, and discusses a relevant case. It defines SLAPP as legal actions filed to harass those enforcing environmental laws. It explains that defendants in SLAPP suits can file a defense that it is a SLAPP case and claim damages. It describes the writ of kalikasan and writ of continuing mandamus remedies available for environmental rights violations. It summarizes a case where citizens sued government agencies to compel enforcement of environmental laws to clean up Manila Bay.
This document defines and explains strategic lawsuits against public participation (SLAPP), writ of kalikasan, writ of continuing mandamus, and discusses a relevant case. It defines SLAPP as legal actions filed to harass those enforcing environmental laws. It explains that defendants in SLAPP suits can file a defense that it is a SLAPP case and claim damages. It describes the writ of kalikasan and writ of continuing mandamus remedies available for environmental rights violations. It summarizes a case where citizens sued government agencies to compel enforcement of environmental laws to clean up Manila Bay.
This document defines and explains strategic lawsuits against public participation (SLAPP), writ of kalikasan, writ of continuing mandamus, and discusses a relevant case. It defines SLAPP as legal actions filed to harass those enforcing environmental laws. It explains that defendants in SLAPP suits can file a defense that it is a SLAPP case and claim damages. It describes the writ of kalikasan and writ of continuing mandamus remedies available for environmental rights violations. It summarizes a case where citizens sued government agencies to compel enforcement of environmental laws to clean up Manila Bay.
This document defines and explains strategic lawsuits against public participation (SLAPP), writ of kalikasan, writ of continuing mandamus, and discusses a relevant case. It defines SLAPP as legal actions filed to harass those enforcing environmental laws. It explains that defendants in SLAPP suits can file a defense that it is a SLAPP case and claim damages. It describes the writ of kalikasan and writ of continuing mandamus remedies available for environmental rights violations. It summarizes a case where citizens sued government agencies to compel enforcement of environmental laws to clean up Manila Bay.
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STRATEGIC LAWSUIT
AGAINST PUBLIC PARTICIPATION STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP)
A legal action filed to harass, vex, exert undue
pressure or stifle any legal recourse that any person, institution or the government has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights shall be treated as a SLAPP SLAPP as a defense
In a SLAPP filed against a person involved in
the enforcement of environmental laws, protection of the environment, or assertion of environmental rights, the defendant may file an answer interposing as a defense that the case is a SLAPP and shall be supported by documents, affidavits, papers and other evidence; and, by way of counterclaim, pray for damages, attorney’s fees and costs of suit. WRIT OF KALIKASAN
The writ is a remedy available to a natural or
juridical person, entity authorized by law, people’s organization, non-governmental organization, or 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 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. Effects of granting a writ of kalikasan (SC or CA order) PERMANENTLY CEASE AND DESIST from violating environmental laws, or committing acts, or neglecting performance of a duty, in violation of environmental laws resulting in environmental destruction or damage PROTECT, PRESERVE, REHABILITATE, RESTORE the environment OTHER RELIEFS relating to right of the people to a balanced and healthful ecology WRIT OF CONTINUING MANDAMUS When any agency or instrumentality of the government or officer thereof unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station in connection with the enforcement or violation of an environmental law rule or regulation or a right therein, or unlawfully excludes another from the use or enjoyment of such right and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty, attaching thereto supporting evidence, specifying that the petition concerns an environmental law, rule or regulation, and praying that judgment be rendered commanding the respondent to do an act or series of acts until the judgment is fully satisfied, and to pay damages sustained by the petitioner by reason of the malicious neglect to perform the "duties of the respondent, under the law, rules or regulations. MMDA, DENR, et.al. vs. Concerned citizens of Manila Bay
this case involved the implementation ofbthe
Solid Waste Management act, the Fisheries Code, Pollution Control law and Clean Air act, by different government agencies tasked to take care of Manila bay. Concerned citizens sued the officials of these agencies to clean up, rehabilitate and protect Manila Bay. The government agencies defended themselves by saying that clean up was discretionary duty and there must be specific pollution incident first before they are required to act. The SC ruled that the government agencies are duty bound to clean Manila Bay as thay are mandated by law to enforce and comply with provisions of applicable law. END..