Step 1. – Sec.

4 Who can file a civil action involving the enforcement or violation of any
environmental law?

 A real party in interest,

 Any Filipino citizen in representation of others

What happens after the filing of a citizen’s suit?

 Court shall issue an order which shall contain a brief description of the cause of action
and the reliefs prayed for.
What does the issuance of the court order entail?

 It requires all interested parties to manifest their interest to intervene in the case within
15 days from notice thereof.
 May allow the plaintiff to publish the order once in a newspaper of a general circulation
in the Philippines or furnish all affected barangays copies of said order.
Step 2. - Sec. 3 Filing of verified complaint:
Contents:
1. Names of the parties
2. Their addresses
3. The cause of action
4. The reliefs prayed for.
5. All evidence proving or supporting the cause of action:
 Affidavits of witnesses,
 Documentary evidence and
 if possible, Object evidence
6. Must state that it is an environmental case and the law involved.
7. Include a certification against forum shopping.
Filing and other legal fees
Deferred until after judgment unless the plaintiff is allowed to litigate as an indigent.
For a citizen suit, the court shall defer the payment of filing and other legal fees that shall serve
as first lien on the judgment award.
Step 3. – Sec. 6 Service of the complaint on the government or its agencies

 Plaintiff must furnish to the government or the appropriate agency the complaint
Proof of service upon the government or the appropriate agency shall be attached to the
complaint.
Step 4. – Sec. 13. Service of summons, orders and other court processes.
When should summons be served?
Silent, Rule 14 Sec. 1 ROC within 5 calendar days within receipt of the complaint?
Step 5. – Sec. 14. Verified Answer
When should the defendant answer?
Within fifteen (15) days from receipt of summons.
What should the defendant file?
A verified answer to the complaint.
What are the contents of the verified answer?

 Affidavits of witnesses
 Reports
 Studies of experts
 All evidence in support of the defense.
Effect of failure of pleading affirmative and special defenses?
Deemed waived, except in the case of lack of jurisdiction.
Effect of non-assertion of compulsory counter-claims and crossclaims?
They will be deemed barred.
If the defendants present a compulsory counterclaim or crossclaim what does petitioner
need to do?
File an answer and serve it within 10 days from the service of the answer in which they are
pleaded.
Effect of defendant’s failure to answer?
Sec. 15 – Declare the defendant in default and receive ex parte evidence upon motion of the
plaintiff
Step 6. Pre Trial
When will notice of pre trial be issued?
Within two (2) days from the filing of the answer to the counterclaim or cross-claim
When held?
Held not later than one (1) month from the filing of the last pleading.
Up to how long?
Within a period of two (2) months counted from the date of the first pre-trial conference, the
Court must schedule the pre-trial and set as many pre-trial conferences as may be necessary.
PTB – When submitted?
At least 3 days before pre trial.
Contents:
(a) A statement of their willingness to enter into an amicable settlement indicating the desired
terms thereof or to submit the case to any of the alternative modes of dispute resolution;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The legal and factual issues to be tried or resolved. For each factual issue, the parties shall
state all evidence to support their positions thereon. For each legal issue, parties shall state the
applicable law and jurisprudence supporting their respective positions thereon;
(d) The documents or exhibits to be presented, including depositions, answers to interrogatories
and answers to written request for admission by adverse party, stating the purpose thereof;
(e) A manifestation of their having availed of discovery procedures or their intention to avail
themselves of referral to a commissioner or panel of experts;
(f) The number and names of the witnesses and the substance of their affidavits;
(g) Clarificatory questions from the parties; and
(h) List of cases arising out of the same facts pending before other courts or administrative
agencies. Failure to comply with the required contents of a pre-trial brief may be a ground for
contempt.
Section 3. Referral to mediation
the court shall inquire from the parties if they have settled the dispute; otherwise, the court shall
immediately refer (PMC) unit for purposes of mediation. If not available, the court shall refer the
case to the clerk of court or legal researcher for mediation.
Duration
non-extendible period of thirty (30) days from receipt of notice of referral to mediation.
The mediation report must be submitted within ten (10) days from the expiration of the 30-day
period.
Failure of Mediation
Continue Pre-trial
May refer the case to the branch clerk of court for a preliminary conference for the following
purposes:
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be presented by the parties and copies thereof to be
attached to the records after comparison with the originals;
(c) To ascertain from the parties the undisputed facts and admissions on the genuineness and
due execution of the documents marked as exhibits.
(d) To require the parties to submit the depositions taken under Rule 23 of the Rules of Court,
the answers to written interrogatories under Rule 25, and the answers to request for admissions
by the adverse party under Rule 26;
(e) To require the production of documents or things requested by a party under Rule 27 and
the results of the physical and mental examination of persons under Rule 28;
(f) To consider such other matters as may aid in its prompt disposition;
(g) To record the proceedings in the "Minutes of Preliminary Conference" to be signed by both
parties or their counsels;
(h) To mark the affidavits of witnesses which shall be in question and answer form and shall
constitute the direct examination of the witnesses; and
(i) To attach the minutes together with the marked exhibits before the pre-trial proper.

The parties or their counsel must submit to the branch clerk of court the names, addresses and
contact numbers of the affiants.

During the preliminary conference, the branch clerk of court shall also require the parties to
submit the depositions taken under Rule 23 of the Rules of Court, the answers to written
interrogatories under Rule 25 and the answers to request for admissions by the adverse party
under Rule 26. The branch clerk of court may also require the production of documents or
things requested by a party under Rule 27 and the results of the physical and mental
examination of persons under Rule 28.

Section 5. Pre-trial conference; consent decree. - The judge shall put the parties and their
counsels under oath, and they shall remain under oath in all pre-trial conferences.

The judge shall exert best efforts to persuade the parties to arrive at a settlement of the dispute.
The judge may issue a consent decree approving the agreement between the parties in
accordance with law, morals, public order and public policy to protect the right of the people to a
balanced and healthful ecology.

Evidence not presented during the pre-trial, except newly-discovered evidence, shall be
deemed waived.

Section 6. Failure to settle. - If there is no full settlement, the judge shall:

(a) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings
and confirm the markings of exhibits or substituted photocopies and admissions on the
genuineness and due execution of documents;

(b) Determine if there are cases arising out of the same facts pending before other
courts and order its consolidation if warranted;
 (c) Determine if the pleadings are in order and if not, order the amendments if
necessary;

(d) Determine if interlocutory issues are involved and resolve the same;

(e) Consider the adding or dropping of parties;

(f) Scrutinize every single allegation of the complaint, answer and other pleadings and
attachments thereto, and the contents of documents and all other evidence identified
and pre-marked during pre-trial in determining further admissions;

(g) Obtain admissions based on the affidavits of witnesses and evidence attached to the
pleadings or submitted during pre-trial;

(h) Define and simplify the factual and legal issues arising from the pleadings and
evidence. Uncontroverted issues and frivolous claims or defenses should be eliminated;

(i) Discuss the propriety of rendering a summary judgment or a judgment based on the
pleadings, evidence and admissions made during pre-trial;

(j) Observe the Most Important Witness Rule in limiting the number of witnesses,
determining the facts to be proved by each witness and fixing the approximate number
of hours per witness;

(k) Encourage referral of the case to a trial by commissioner under Rule 32 of the Rules
of Court or to a mediator or arbitrator under any of the alternative modes of dispute
resolution governed by the Special Rules of Court on Alternative Dispute Resolution;

(l) Determine the necessity of engaging the services of a qualified expert as a friend of
the court (amicus curiae); and

(m) Ask parties to agree on the specific trial dates for continuous trial, comply with the
one-day examination of witness rule, adhere to the case flow chart determined by the
court which shall contain the different stages of the proceedings up to the promulgation
of the decision and use the time frame for each stage in setting the trial dates.

Section 7. Effect of failure to appear at pre-trial. - The court shall not dismiss the complaint,
except upon repeated and unjustified failure of the plaintiff to appear. The dismissal shall be
without prejudice, and the court may proceed with the counterclaim.

If the defendant fails to appear at the pre-trial, the court shall receive evidence ex parte.

Section 8. Minutes of pre-trial. - The minutes of each pre-trial conference shall contain matters
taken up therein, more particularly admissions of facts and exhibits, and shall be signed by the
parties and their counsel.

Section 9. Pre-trial order. - Within ten (10) days after the termination of the pre-trial, the court
shall issue a pre-trial order setting forth the actions taken during the pre-trial conference, the
facts stipulated, the admissions made, the evidence marked, the number of witnesses to be
presented and the schedule of trial. Said order shall bind the parties, limit the trial to matters not
disposed of and control the course of action during the trial.

Section 10. Efforts to settle. - The court shall endeavor to make the parties agree to
compromise or settle in accordance with law at any stage of the proceedings before rendition of
judgment.

Step 7. Trial

Section 1. Continuous trial. - The judge shall conduct continuous trial which shall not exceed
two (2) months from the date of the issuance of the pre-trial order.

Before the expiration of the two-month period, the judge may ask the Supreme Court for the
extension of the trial period for justifiable cause.

Section 2. Affidavits in lieu of direct examination. - In lieu of direct examination, affidavits

Section 3. One-day examination of witness rule. - The court shall strictly adhere to the rule that
a witness has to be fully examined in one (1) day, subject to the court’s discretion of extending
the examination for justifiable reason. After the presentation of the last witness, only oral offer of
evidence shall be allowed, and the opposing party shall immediately interpose his objections.
The judge shall forthwith rule on the offer of evidence in open court.

Section 4. Submission of case for decision; filing of memoranda. - After the last party has
rested its case, the court shall issue an order submitting the case for decision.

The court may require the parties to submit their respective memoranda, if possible in electronic
form, within a non-extendible period of thirty (30) days from the date the case is submitted for
decision.

The court shall have a period of sixty (60) days to decide the case from the date the case is
submitted for decision.

Section 5. Period to try and decide. - The court shall have a period of one (1) year from the
filing of the complaint to try and decide the case. Before the expiration of the one-year period,
the court may petition the Supreme Court for the extension of the period for justifiable cause.

The court shall prioritize the adjudication of environmental cases.

Section 1. 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 and shall be
governed by these Rules.

Section 2. SLAPP as a defense; how alleged. - 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.

The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a
SLAPP, attaching evidence in support thereof, within a non-extendible period of five (5) days
from receipt of notice that an answer has been filed.

The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file
an opposition within fifteen (15) days from filing of the comment or the lapse of the period.

Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in
nature. The parties must submit all available evidence in support of their respective positions.
The party seeking the dismissal of the case must prove by substantial evidence that his act for
the enforcement of environmental law is a legitimate action for the protection, preservation and
rehabilitation of the environment. The party filing the action assailed as a SLAPP shall prove by
preponderance of evidence that the action is not a SLAPP and is a valid claim.

Section 4. Resolution of the defense of a SLAPP. - The affirmative defense of a SLAPP shall
be resolved within thirty (30) days after the summary hearing. If the court dismisses the action,
the court may award damages, attorney’s fees and costs of suit under a counterclaim if such
has been filed. The dismissal shall be with prejudice.

If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing
shall be treated as evidence of the parties on the merits of the case. The action shall proceed in
accordance with the Rules of Court.

TEPO Sec. 8
When can a TEPO be issued?
If it appears from the verified complaint with a prayer for the issuance of an Environmental
Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury.
When does a TEPO take effect and how long?
Take effect from date of the receipt of the TEPO by the party or person enjoined.
It is effective for only seventy-two (72) hours.
No bond is required from the application of a TEPO.
What can the person enjoined do? Sec. 9
File a motion to dissolve TEPO, such motion must contain
Affidavits of the party or person enjoined.
Can the applicant oppose the motion to dissolve TEPO?
Yes, also by affidavits.
Grounds for dissolving the TEPO?
If it appears after hearing that its issuance or continuance would cause irreparable damage to
the party or person enjoined while the applicant may be fully compensated for such damages as
he may suffer.
Enjoined party must post a sufficient bond.
Who can issue a TPO against lawful actions of government agencies that enforce
environmental laws or prevent violations thereof?
Only SC.