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De Castro
complaint,
answer which may include compulsory counterclaim and cross-claim,
The 1991 Revised Rules of Summary Procedure only allows the filing of the
complaint, the answer with the compulsory counterclaims and cross-claims and
the answers thereto. Everything else is prohibited with no qualification
whatsoever.
Appeal
Provision: Rule 7 Sec 16
In environmental cases, an appeal from an adverse decision is filed by way of a
Petition for Review on Certiorari under Rule 45 to the Supreme Court. The key
difference here is that questions of fact may also be raised.
Judgement Not Stayed by Appeal
Provision: Rule 5 Sec 2
In civil procedure, an appeal ordinarily stays the execution of the decision. The
exceptions are discretionary execution, Injunction, receivership, accounting,
support, and such other judgments declared to be immediately executory. One
such example of the last exception can be found in the Environmental rules
because Rule 5 Sec 2 explicitly states that judgments under this rule are
executory pending appeal unless restrained by the appellate court.
Criminal Procedure
Special Prosecutor
Provision: Rule 9 Sec 3
Under criminal procedure, only a public prosecutor or a private prosecutor, when
authorized by the former, can prosecute criminal actions. In the Environmental
Rules a special prosecutor may prosecute a criminal case under an
environmental law where there is no private offended party, when the public
prosecutor consents and when allowed by the court.
Damages If No Private Offended Party
Provision: Rule 10 Sec 1
Under criminal procedure, no damages are awarded if there is no private
offended party. When there is no private offended party in a criminal prosecution
under an environmental law, however, damages may still be awarded and it
accrues to the funds of the agency charged with the implementation of the
environmental law violated. This award will be used to restore the environment.
Warrant of Arrest
Provision: Rule 11 Sec 2
Ordinarily, a warrant of arrest may not even be presented at the time of arrest.
Under the environmental rules, however, a certified true copy of the information
must also be attached to the warrant of arrest and it is deemed notice to the
accused of the charges against him.
Bail, Hold Departure Order (HDO)
Provision: Rule 14 Sec 1
Under ordinary criminal procedure, only RTCs can issue a hold departure order
in criminal cases within their exclusive jurisdiction (SC Circular No. 39-97). Under
the environmental rules a HDO may be issued at the same time an application
for bail is granted.
Arraignment
Evidence
Precautionary Principle
Provisions: Rule 1 Sec 4 (f), Rule 20
The Precautionary Principle states that "when human activities may lead to
threats of serious and irreversible damage to the environment that is scientifically
plausible but uncertain, actions shall be taken to avoid or diminish that threat.
The keyword here is uncertainty. This has repercussions in the application for an
EPO/TEPO, the burden of proof and the quantum of proof required.
Ordinarily, an application for an injunction must be premised on a clear and
unmistakable right possessed by the applicant. In environmental cases, however,
where there is almost always uncertainty as to the possible effects of a product
or action, this requirement has been dispensed with in favor of the precautionary
principle.
Moreover, an applicant for an injunction has the burden of proving his clear and
unmistakable right. In an application for an EPO/TEPO, however, the burden is
reversed, and the defendant must prove that the product or action is
environmentally safe.
Lastly, the quantum of proof required in civil procedure is mere preponderance of
evidence. That quantum is taken to an extreme low for environmental cases
because damage that is scientifically plausible but uncertain is sufficient. The
applicant must merely prove that the danger is plausible in environmental cases.