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    Writ of Kalikasan and Writ of Continuing Mandamus

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    Roswin Matiga
    The document summarizes two types of writs in Philippine law: the Writ of Kalikasan and Writ of Continuing Mandamus. The Writ of Kalikasan allows individuals to file on behalf of communities whose environmental rights have been violated, while the Writ of Continuing Mandamus is filed by individuals personally aggrieved and directs government agencies to comply with court judgments. Both writs can include temporary environmental protection orders and are heard by the Supreme Court, Court of Appeals, or Regional Trial Courts.

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    Writ of Kalikasan and Writ of Continuing Mandamus

    Uploaded by

    Roswin Matiga
    232 views3 pages
    The document summarizes two types of writs in Philippine law: the Writ of Kalikasan and Writ of Continuing Mandamus. The Writ of Kalikasan allows individuals to file on behalf of communities whose environmental rights have been violated, while the Writ of Continuing Mandamus is filed by individuals personally aggrieved and directs government agencies to comply with court judgments. Both writs can include temporary environmental protection orders and are heard by the Supreme Court, Court of Appeals, or Regional Trial Courts.

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    The document summarizes two types of writs in Philippine law: the Writ of Kalikasan and Writ of Continuing Mandamus. The Writ of Kalikasan allows individuals to file on behalf of communities whose environmental rights have been violated, while the Writ of Continuing Mandamus is filed by individuals personally aggrieved and directs government agencies to comply with court judgments. Both writs can include temporary environmental protection orders and are heard by the Supreme Court, Court of Appeals, or Regional Trial Courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    232 views3 pages

    Writ of Kalikasan and Writ of Continuing Mandamus

    Uploaded by

    Roswin Matiga
    The document summarizes two types of writs in Philippine law: the Writ of Kalikasan and Writ of Continuing Mandamus. The Writ of Kalikasan allows individuals to file on behalf of communities whose environmental rights have been violated, while the Writ of Continuing Mandamus is filed by individuals personally aggrieved and directs government agencies to comply with court judgments. Both writs can include temporary environmental protection orders and are heard by the Supreme Court, Court of Appeals, or Regional Trial Courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Writ of Kalikasan and Writ of Continuing

    Mandamus
    What is a Writ of Kalikasan?
    It is a remedy available to a natural or juridical person, entity authorized by law, people’s
    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

    Writ of Continuing

    Writ of Kalikasan Mandamus


     

    Subject Matter Unlawful act or Neglect or exclusion; law,


    omission; life health or

    property rule or right

    Any person or

    representative /agent

    (PO/NGO/Public One who is personally

    Petitioner Interest Group) aggrieved

    Public or private entity

    Respondent or individual Government or officers

    Temporary

    Environmental

    Protection Order

    (TEPO) Ancillary remedy Ancillary remedy

    Supreme Court or Court

    Venue of Appeals Supreme Court, CA or RTC


    Ocular inspection or

    Discovery production of

    Measures documents No enumeration

    Allow damages for

    Damages None; separate suit malicious neglect of duty

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