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Introduction
ENVIRONMENTAL JUSTICE
Fair treatment and meaningful involvement
of all people-regardless of race, ethnicity,
income or educational level-in all
environmental decision-making
Right of the people to a balanced and a
healthful ecology and the correlative duty to
refrain from impairing the environment
Introduction
ENVIRONMENTAL LAW
-The body of law which contains elements to
control human impact on the earth
ENVIRONMENTAL RIGHTS AS COMPONENT
OF HUMAN RIGHTS
-3rd Generation Human Right, iron-clad in
constitutional law
Introduction
ENVIRONMENTAL JUSTICE
Fair treatment and meaningful involvement
of all people-regardless of race, ethnicity,
income or educational level-in all
environmental decision-making
Right of the people to a balanced and a
healthful ecology and the correlative duty to
refrain from impairing the environment
1987 Constitution
Article XII Section 2
All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries,
forest or timber, wildlife, flora and fauna,
and other natural resources are owned by
the state
Introduction
Four Classifications of
Environmental Laws
1. Terrestial - Forest and Biodiversity11
2. Marine and Aquatic- Waters and
Marine Life- 6
3. Aerial-Air Pollution-1
4. Other Laws environment , waste
management-5
Stakeholders
1.
2.
3.
4.
5.
6.
Citizens
Private Enterprises and Corporations
NGOs and Pos
ICCs and Ips
Government Agencies
LGUs
-Communal Forests , Community watersheds (RA
7160)
-Municipal waters (RA 8550 Sec. 15 and 4)
- Prohibition/Limitation of Fishery Activities (Sec.
23)
-Registration of Hatcheries, Breeding , Private
FPs
- Fishery Law Enforcement (Sec. 124)
RA 9147 Jurisdiction
DENR
1. TERRESTIAL AND
PLANT SPECIES
2. TURTLES AND
TORTOISES
3. WETLAND SPECIES
(CROCODILES,
WATERBIRDS, ALL
AMPHIBIANS AND
DUGONG
BFAR
1. DECLARED AQUATIC
CRITICAL HABITATS
2. ALL AQUATIC
RESOURCES
INCLUDING BUT NOT
LIMITED TO FISHES,
AQUATIC PLANTS,
INVERTEBRATES, ALL
MARINE MAMMALS
EXC. DUGONG
Scope of application:
All wildlife
WILDLIFE
wild forms and varieties of flora
and fauna, in all developmental
stages, including those which are in
captivity or are being bred or
propagated.
Authorized research or
experiment
Illegal Acts
2. Inflicting
injury which
cripples
and/or impair
the
reproductive
system of the
wildlife
Illegal Acts
3. Effecting any of the following acts in
critical habitat
Burning
logging
Illegal Acts
4. Introduction, reintroduction or restocking
of wildlife
5. Trading of wildlife
6. Collecting, hunting or possessing wildlife,
their by-products and derivatives
7. Gathering or destroying of active nests,
nest trees, host plants and the like
8. Maltreating and/or inflicting injury
9. Transporting of wildlife
WILDLIFE SPECIES
ENDANGERE
D
VULNERABL
E
THREATENE
D
a. Killing/
6 years &
destroyin 1 day to
g wildlife 12 years
imprisonm
ent and/or
100T to
1M fine
4 years &
1 day to 6
years
imprisonment
and/or
50T to
500T fine
2 years &
1 day to 4
years
imprisonment
and/or
30T to
300T fine
1 year &
1 day to
2 yrs
imprisonment
and/or
20T to
200T fine
6 mos.
& 1 day
to 1 yr
imprisonmen
t and/or
10T to
100T
fine
b. Inflicting
injury
which
cripples
and/or
impairs
reproduc
tive
system
2 years &
1 day to 4
years
imprisonment
and/or
30T to
200T fine
1 year &
1 day to 2
years
imprisonment
and/or
20T to
200T fine
6 mos. &
1 day to
1 yr
imprisonment
and/or
10T to
50T fine
1 mo. &
1 day
to 6
mos.
impriso
n-ment
and/or
5T to
20T
CRITICAL
4 years &
1 day to 6
years
imprisonm
ent and/or
50T to
500T fine
OTHERS
WILDLIFE SPECIES
CRITICAL
ENDANGERE
D
VULNERABL
E
THREATENE
D
OTHERS
c. Dumping
wastes,
squatting,
mineral
exploration
,
extracting,
burning,
logging,
quarrying
d.
Introductio
n,
reintroduct
ion or
restocking
of wildlife
WILDLIFE SPECIES
CRITICAL
ENDANGERED
VULNERABLE
THREATENED
OTHERS
g. Gathering
or
destroying
of active
nests, nest
trees and
host plants
2 years &
1 day to 4
years
imprisonm
ent and/or
30T to
300T fine
1 year & 1
day to 2
yrs
imprisonment
and/or 20T
to 200T
fine
6 mos. & 1
day to 1
year
imprisonment
and/or 10T
to 100T
fine
1 mo. & 1
day to 6
mos.
imprisonment
and/or 5T
to 50T fine
10 days
to 1 mo.
imprisonment
and/or
1T to 5T
fine
h. Maltreating
and/or
inflicting
injuries
6 mos. & 1
day to 1
year
imprisonm
ent and/or
50T to
100T fine
3 mos. & 1
day to 6
mos. imprisonment
and/or 20T
to 50T fine
1 mo. & 1
day to 3
mos.
imprisonment
and/or 5T
to 20T fine
10 days to
mo. to 1
mo. imprisonment
and/or 1T
to 5T fine
5 days
to 10
days
imprisonment
and/or
200 to
1T
WILDLIFE SPECIES
CRITICAL
6 mos. & 1
Transport day to 1
ing
year
wildlife
imprisonm
ent and/or
50T to
100T fine
ENDANGERE
D
VULNERABL
E
THREATENE
D
3 mos. &
1 day to
6 mos.
imprisonment
and/or
20T to
50T fine
1 mo. & 1
day to 3
mos.
imprisonment
and/or 5T
to 20T
fine
10 days
to mo. to
1 mo.
imprisonment
and/or 1T
to 5T fine
OTHERS
5 days
to 10
days
imprisonmen
t and/or
200 to
1T
ENDANGERE
D
VULNERABL
E
THREATENE
D
2 years &
1 day to 4
years
imprisonm
ent and/or
5T to 300T
fine
1 year &
1 day to 2
years
imprisonment
and/or 2T
to 200T
fine
6 mos. &
1 day to 1
year
imprisonment
and/or 1T
to 100T
fine
1 mo. & 1
day to 6
mos.
imprisonment
and/or
500 to 5T
fine
10 days
to 1
mo.
imprisonmen
t and/or
200 to
20T
fine
2 years &
Collectin 1 day to 4
g,
years
hunting
imprisonm
or
ent and/or
possessin 30T to
g wildlife 300T fine
and/or
by-
1 year &
1 day to 2
years
imprisonment
and/or
20T to
200T fine
6 mos. &
1 day to 1
year
imprisonment
and/or
10T to
100T fine
1 mo. & 1
day to 6
mos.
imprisonment
and/or 5T
to 50T
fine
10 days
to 1
mo.
imprisonmen
t and/or
1T to
5T fine
e. Trading
of
wildlife
f.
WILDLIFE SPECIES
CRITICAL
OTHERS
RA 8550 Prohibited
Acts
RA 8550 Prohibited
Acts
Scope
For enforcement or violations of
environmental and other related laws
Rule governs the procedure in civil,
criminal and special civil actions
before RTCs, MTCs , MTCCs, MCTCs
Salient Features
1. Encourages settlement of cases
through issuance by the Court of
CONSENT DECREE
Judicial judicially-approved settlement
between concerned parties based on
public interest and public policy to
protect and preserve the environment
3. Criminal Procedure
Jurisdiction of Courts
Ordinary Civil Action/ Criminal Action MTC or
RTC
Citizens Suit RTC (subject of the suit is
incapable of pecuniary estimation)
TEPO court where the main case is lodged
Writ of Continuing Mandamus- RTC,CA, SC
Writ of Kalikasan- CA, SC
Requirements of a
complaint
1. Names of parties and their addresses, the cause
of action and the reliefs prayed for
2. Verification and certification of non-forum
shopping
3. It must state that it is an environmental case
stating the law involved.
4. It must contain all evidence in support of the
cause of action (affidavits of witnesses which
must be in question and answer form,
documentary evidence and if possible, object
evidence.
5. If complainant is private entity, furnish copy of
complaint to appropriate government agency
although not a party
FILE
COMPLAINT
TEPO
(72hrs)
COURT
SUMMONS
w/in 15
days
SUMMARY
HEARING
LIFT
EXTEND
TEPO
(EPO)
MOTION TO
DISSOLVE
DENY
CERTIORA
RI
RULE 65
FLOWCHART
ANSWER
PRE-TRIAL
NOT ENVT.
CASE
Court re-raffles
the case and
follow rules for
ordinary civil
action
MEDIATION
TRIAL
(2
GRANT
mos)
TEPO
IS
DISSOLV
ED
JUDGMEN
T
APPEAL
CONSENT DECREE
(Settlement
Judgment)
RULE OF
PROCEDURE
WRIT
OF
KALIKASAN
Writ of Kalikasan
Proper issue involves environmental damage
of a magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or
provinces.
WHO MAY FILE A PETITION?
Natural/juridical person, entity authorized by
law, non-governmental organization, public
interest group accredited by or registered with
any government agency. (ANY FILIPINO
CITIZEN)
PETITION
(Sufficient in form
and substance
ISSUE WRIT
SERVICE OF
WRIT
RESPONDENT
FILES A RETURN
HEARING
SUBMISSION FOR
DECISION
JUDGMENT
APPEAL
under Rule 45 on
both questions of
fact and law
RULE OF
PROCEDURE
WRIT OF
CONTINUING
MANDAMUS
CRIMINAL
PROCEDURE
MALA IN SE
MALA PROHIBITA
Nature
Wrong because it is
prohibited by law
(SPL)
Good faith
Intent
Element
Intent is immaterial
Degree of
accomplishment
Only
Basic Procedure
for Prosecution
Procedure for
Preliminary
Investigation
Procedure for
Inquest
Investigation
SEARCH WARRANT
Is an order in writing issued in the name of the People of the
Philippines signed by a judge and directed to a peace officer,
WAIVER
1. Right exists
2. Person waiving has actual or constructive knowledge of
such right
3. Actual intention to relinquish such right
Reason may elude arrest if you adopt a wait and see attitude
and the
circumstance call for immediate response
MOVING VEHICLES
ARREST
With Warrant
Without Warrant
PENALTY
TIME TO
DELIVER
LIGHT
PENALTIES
1 day to 30
days Fine of
200
12
CORRECTIONAL
PENALTIES
1 month to 6
years Fine 200
to P6,000
18
AFFLICTIVE
PENALTIES
6 years 1 day
36
Fine of more
closely
with Prosecutors
than P6,000
Note: Coordinate
Office to
avoid being liable for Article 125 RPC
In PD 705, delivery must be within 6 hours (Section
89) unless arrest is within the forest or far from
judicial authorities
PHYSICAL
INVENTORY
(Apprehendi
ng Officials
AUCTION
SALE (COURT)
DISPOSITION
OF THE
PROCEEDS(IN
TRUST)
Prosecution of Offenses
How are criminal actions prosecuted
Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required
pursuant to section 1 of Rule 112, by filing the complaint with the
proper officer for the purpose of conducting the requisite
preliminary investigation. (4/2/1
(b) For all other offenses, by filing the complaint or information
directly with the Municipal Trial Courts and Municipal Circuit Trial
Courts, or the complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaints shall be filed
with the office of the prosecutor unless otherwise provided in
their charters.
Prosecution of Offenses
What is a complaint
A complaint is a sworn written statement charging a person
with an offense, subscribed by the offended party, any peace
officer, or other public officer charged with the enforcement of
the law violated.
What is an information
An information is an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed with the
court
Prosecution of Offenses
Prosecution of Criminal Offenses
Complaint
Information
Subscription
Sworn statement
Need not be
sworn to
By whom
Offended
party/public
officer charged
with the
enforcement of
the law violated
Prosecutor
Where filed
Court or
Prosecutors
Office
Always in court
Prosecution of Offenses
Who must prosecute criminal offenses
All criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and
control of a public prosecutor. In case of heavy work
schedule of the public prosecutor or in the event of lack of
public prosecutors, the private prosecutor may be
authorized in writing by the Chief of the Prosecution Office
or the Regional State Prosecutor to prosecute the case
subject to the approval of the court. Once so authorized to
prosecute the criminal action, the private prosecutor shall
continue to prosecute the case up to end of the trial even
in the absence of a public prosecutor, unless the authority
is revoked or otherwise withdrawn
Section 3 Rule 9 of the Rules of Procedure for
Environmental Cases- SPECIAL PROSECUTOR MAY APPEAR
IN OFFENSES WHERE THERE IS NO PRIVATE OFFENDED
PARTY
INVESTIGATION/DOCUMENTATION
Required attachment in affidavit complaint/complaint
ELEMENTS
EVIDENCE
ROLE OF
SECTORS
1. Use of
Explosive...
2. Use is not for
scientific
purposes and not
approved by
BFAR and the
LGU
1. Photograph of the
place before and
after the incident
occured
2. Fish sample and
or result of Fish
Examination
3. Possession of
dynamite or
poisonous prima
facie evidence
4. affidavits
1. Bantay Dagat to
gather evidence
2. Brgy Chairman
or LGU rep
3. PNP Maritime
Group
investigate and
prosecute
4. PCG to
apprehend
violators
ELEMENTS
Section 97 of RA
8550
FISHING OR
TAKING OF
RARE,
THREATENED OR
ENDANGERED
SPECIES
1. Fishing or
Taking of
aquatic
resources
2. Classfied as
rare, threatened
or endangered
3. Classification
based on CITES
List as
determined by
DA
EVIDENCE
ROLE OF
SECTORS
1. Possession of
1. Bantay Dagat to
the endangered
gather evidence
species
2. Brgy Chairman
2. Affidavits re
or LGU rep
apprehension
3. PNP Maritime
3. Certification that
Group
it is endangered
investigate and
4. Photographs
prosecute(jurisdi
ction starts from
15 km from
shoreline)
4. PCG to
apprehend
violators
COMPLAINT
NO
PROBABLE
CAUSE
YES
DISMISS
JUDGMENT
FILE
INFORMATION
TRIAL
ARRAIGNMENT
AND PLEA
PRE-TRIAL
Procedure in the
Issuance of TEPO
If the relief was prayed for in the
complaint, on the ground of extreme
urgency and the applicant will suffer
grave injustice and irreperable injury, the
court may issue ex parte a TEPO effective
for 72 hours from date of receipt of the
order by the adverse party. Within the
said period the court where the case is
assigned shall conduct a summary
hearing whether the TEPO may be
extended until termination of the case. No
MABBALO!