SC Rules of Procedure
SC Rules of Procedure
NO R MIE BATULA
BALAO D M in d a n a w
Some Slides Taken from ELAC -ALG
Presentation
8 Sep t ember 201 7
PERSPECTIVES AND
CONCEPTS
CARING FOR OUR ENVIRONMENT
CARING for our ENVIRONMENT
1. The Earth is our common home with the rest of
Gods creation.
2. We are part of creation. Everything on earth is
interconnected.
3. Pollution or abusive action has a corresponding
environmental reaction.
4. Degradation of natural resources has reached
alarming proportions that collective collaboration is
necessary to heal the earth and ensure its feature.
5. We have the power and the responsibility to restore
the environment in our own little way. We can
start with ourselves by being environment-friendly
in everything we do.
Photo by: Health Care Without Harm
Photo @ BAN.org
Post-Consumer Waste:
Making of a Waste Crisis
+ =
INSIGHT
Civil cases,
Criminal cases
Special civil actions
involving the enforcement or violations of environmental
laws and other related laws, rules and regulations, and
other existing laws that relate to the conservation,
development, preservation, protection and utilization of the
environment and natural resources
CIVIL VS CRIMINAL CASES
A judicially-approved settlement or
agreement between the parties based
on public interest and public policy to
protect and preserve the
environment
Allows for a compromise agreement
between two parties in
environmental litigation over issues
that would normally be litigated in
court, and other matters that may not
necessarily be of issue in court
An innovative way to resolve
environmental cases
IMPLICATIONS AND CONCERNS
CIVIL CASES
Require all evidence to be attached
to the complaint and the answer
Some pleadings or motions are
prohibited, e.g. MTD, Motion for
extension of time, etc.
Pre-trial is maximized
One (1) day examination of witness
SPEEDY PROCESS
CRIMINAL CASES
Innovations similar to civil cases
Extensive use of pre-trial
Affidavits instead of direct
examination
Short period to dispose of the
criminal case ( 10 months from date
of arraignment)
SPEEDY PROCESS
CRIMINAL CASES
Before judge grants bail application, the accused is
required to sign a document stating that s/he
promises to attend the arraignment and whenever
required by the court), and should s/he fail to do so,
the judge is authorized to enter a plea of not guilty on
behalf of the accused, and proceed to trial.
Strategic Lawsuits against Public
Participation (SLAPP)
SPECIAL WRITS
WRIT OF KALIKASAN
NATURE AND PURPOSE
Extraordinary remedy
Provides an immediate relief or remedy to person/s
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,
involving environmental damage of such magnitude
as to prejudice the life, health or property of
inhabitants in two or more cities or provinces
WHO CAN AVAIL