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    Continuing Mandamus and Kalikasan

    Uploaded by

    Kathea Bollozos
    The document discusses two types of writs related to environmental protection in the Philippines: 1. A Writ of Kalikasan provides legal recourse for violations of the constitutional right to a balanced ecology, whether by public or private entities, as long as the environmental damage affects two or more cities/provinces. 2. A Writ of Continuing Mandamus is a court order directing a government agency or official to fully comply with a final judgment in an environmental case, such as by ceasing ongoing damage, and remains in effect until the judgment is satisfied. Both writs allow legal action to remedy environmental harm, but a Writ of Kalikasan has broader scope by not requiring the plaintiff to be personally affected

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    Continuing Mandamus and Kalikasan

    Uploaded by

    Kathea Bollozos
    42 views2 pages
    The document discusses two types of writs related to environmental protection in the Philippines: 1. A Writ of Kalikasan provides legal recourse for violations of the constitutional right to a balanced ecology, whether by public or private entities, as long as the environmental damage affects two or more cities/provinces. 2. A Writ of Continuing Mandamus is a court order directing a government agency or official to fully comply with a final judgment in an environmental case, such as by ceasing ongoing damage, and remains in effect until the judgment is satisfied. Both writs allow legal action to remedy environmental harm, but a Writ of Kalikasan has broader scope by not requiring the plaintiff to be personally affected

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    summary on continuing mandamus and kalikasan

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    The document discusses two types of writs related to environmental protection in the Philippines: 1. A Writ of Kalikasan provides legal recourse for violations of the constitutional right to a balanced ecology, whether by public or private entities, as long as the environmental damage affects two or more cities/provinces. 2. A Writ of Continuing Mandamus is a court order directing a government agency or official to fully comply with a final judgment in an environmental case, such as by ceasing ongoing damage, and remains in effect until the judgment is satisfied. Both writs allow legal action to remedy environmental harm, but a Writ of Kalikasan has broader scope by not requiring the plaintiff to be personally affected

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    42 views2 pages

    Continuing Mandamus and Kalikasan

    Uploaded by

    Kathea Bollozos
    The document discusses two types of writs related to environmental protection in the Philippines: 1. A Writ of Kalikasan provides legal recourse for violations of the constitutional right to a balanced ecology, whether by public or private entities, as long as the environmental damage affects two or more cities/provinces. 2. A Writ of Continuing Mandamus is a court order directing a government agency or official to fully comply with a final judgment in an environmental case, such as by ceasing ongoing damage, and remains in effect until the judgment is satisfied. Both writs allow legal action to remedy environmental harm, but a Writ of Kalikasan has broader scope by not requiring the plaintiff to be personally affected

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    What is a Writ of Kalikasan?

    It is a remedy available to a natural or juridical person, entity authorized by law, peoples organizations, 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 without involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. What is the basis of the Writ of Kalikasan? It rests in Article II, Section 16 on the Declaration of Principles and State Policies of the 1987 Constitution, which states that, 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. What is the important feature of this writ? The magnitude requirement with regards to the destruction or imminent destruction which is sought to be prevented must be present. What is a Writ of Continuing Mandamus? It is writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. It is filed by one who is personally aggrieved. (Contributor, Ihra Faith C Magno) Summary of difference and similarities of Writ of Kalikasan and Writ of Continuing Mandamus

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