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The documents describe the procedures for civil, criminal, SLAPP, Writ of Kalikasan and TEPO cases related to environmental law. The civil procedures involve filing a verified complaint, answering, pre-trial, trial and submitting memoranda. The criminal procedures involve filing a complaint, bail, arraignment, plea, pre-trial, trial and rendering judgment. The SLAPP and Writ of Kalikasan procedures describe the petition, response, hearing and decision processes. The TEPO procedure involves an ex parte issuance, summary hearing and converting the order.

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Mae Frances R. Aberin
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373 views

Chart

The documents describe the procedures for civil, criminal, SLAPP, Writ of Kalikasan and TEPO cases related to environmental law. The civil procedures involve filing a verified complaint, answering, pre-trial, trial and submitting memoranda. The criminal procedures involve filing a complaint, bail, arraignment, plea, pre-trial, trial and rendering judgment. The SLAPP and Writ of Kalikasan procedures describe the petition, response, hearing and decision processes. The TEPO procedure involves an ex parte issuance, summary hearing and converting the order.

Uploaded by

Mae Frances R. Aberin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CIVIL PROCEDURE FOR ENVIRONMENTAL CASES FLOW CHART

Verified Complaint
Serve complaint to the
Court may order a government or its agencies
TEPO

Within fifteen (15) days from service of summons

Answer

Within ten (10) days from service of answer

Answer to Counterclaim or
cross-claim

Pre-trial

Trial

Within thirty (30) days

Memoranda
Two (2) months
Decision
CRIMINAL PROCEDURE FOR ENVIRONMENTAL CASES FLOW CHART

Filing of complaint
or Information

Bail
Within fifteen (15)
days from acquisition
of jurisdiction over
the accused
Arraignment

Plea – Not Guilty Plea – Guilty

Preliminary Conference Issue an Order


at least three (3) days containing the plea
before pre-trial bargaining arrived at

Pre-trial Receive evidence on the


Ten (10)
civil aspect, if any
months
Trial shall not exceed
three (3) months from Render and Promulgate
issuance of pre-trial Judgment of Conviction
order

Within thirty (30) days

Submission of
Memoranda

Within sixty (60) days

Decision
PROCEDURE OF A SLAPP IN A CIVIL CASE

Answer interposing
SLAPP as defense

Court issues order directing the


other party to file an opposition

Non-extendible period of five (5) days


from receipt of notice of answer

Opposition showing the Court sets the defense of


suit is not a SLAPP SLAPP for hearing

Within fifteen (15) days from filing of


comment, or lapse of the period
Summary hearing
Within thirty (30) days from summary
hearing

Dismiss action with Reject defense of SLAPP;


prejudice Action proceeds
PROCEDURE OF A SLAPP IN A CRIMINAL CASE

Information filed
against the accused

Motion to dismiss based on the


ground of SLAPP

Summary hearing

Grant motion to Deny motion to


dismiss dismiss

Arraignment of the
accused
PROCEDURE FOR THE ISSUANCE OF WRIT OF KALIKASAN

Petition for a Writ of Kalikasan

Sufficient in form and substance?


Within three (3) days from filing of
petition
Court issues order: Court denies the
(a) Issuing the Writ petition
(b) Requiring respondent to file a verified return

Within non-extendible period of


ten (10) days from service of the
Writ
Respondent files a verified return Respondent fails to file a verified return

Preliminary conference

Hearing

Within non-extendible
period of thirty (30) days
from submission for
Petition is submitted for decision decision Additional
memoranda

Within sixty (60) days from submission for decision

Grant privilege of the Writ of Kalikasan Deny privilege of the Writ of Kalikasan

Within fifteen (15) days from notice of adverse


judgment or denial of motion for reconsideration

Appeal to the Supreme Court via Rule 45 of the Rules of Court


PROCEDURE FOR THE ISSUANCE OF TEPO

Verified complaint with


prayer for an EPO

Ground exist?

Court issue TEPO ex parte Court will not issue TEPO;


valid for 72 hours Proceed with the case

Summary hearing

Ground exist?

1. Extend TEPO; or Lift EPO / permanent


2. Convert TEPO to: EPO / Writ of
(a) a permanent EPO; or Continuing
(b) a Writ of Continuing Mandamus Mandamus

Periodic monitoring whether subject


matter still exists

Report to SC, through the OCA, the


action taken

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