The officers of “Ang Kapaligiran ay Alagaan, Inc.” engaged your services to file an action against ABC Mining Corporation which is engaged in mining operations in Sta. Cruz, Marinduque. ABC used highly toxic chemicals in extracting gold. ABC’s toxic mine tailings were accidentally released from its storage dams and were discharged into the rivers of said town. The mine tailings found their way to Calancan Bay and allegedly to the waters of nearby Romblon and Quezon. The damage to the crops and loss of earnings were estimated at Pl Billion. Damage to the environment is estimated at Pl Billion. As lawyer for the organization, you are requested to explain the advantages derived from a petition for writ of kalikasan before the Supreme Court over a complaint for damages before the RTC of Marinduque or vice-versa. What action will you recommend? Explain. (5%)
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I recommend filing a Petition for Writ of Kalikasan before the Supreme Court for environmental protection, alongside a separate civil complaint for damages before the RTC. Under Rule 7 of A.M. No. 09-6-8-SC, a Writ of
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Quick check
What is a requisite for filing a Petition for Writ of Kalikasan under A.M. No. 09-6-8-SC?
A Writ of Kalikasan requires environmental damage of such magnitude as to prejudice inhabitants in two or more cities or provinces.
Which relief is strictly prohibited from being awarded in a Petition for Writ of Kalikasan?
Individual monetary damages cannot be awarded in a petition for a Writ of Kalikasan.
Where may a Petition for Writ of Kalikasan be validly filed under the Rules of Procedure for Environmental Cases?
A Petition for Writ of Kalikasan may be filed with the Supreme Court or any station of the Court of Appeals.
What procedural advantage is enjoyed by a petitioner filing a Writ of Kalikasan?
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Why is a separate civil action before the RTC necessary alongside a Writ of Kalikasan for environmental contamination?
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Learn more about these topics
1. Writ of Kalikasan
The Writ of Kalikasan is a special legal remedy under A.M. No. 09-6-8-SC available to natural or juridical persons, non-governmental organizations, or public interest groups. It applies when environmental damage of such magnitude as to prejudice the life, health, or property of inhabitants in two or more cities or provinces occurs. The petition offers distinct procedural advantages, including exemption from court docket fees, summary proceedings, and expedited issuance within three days from filing. However, an award of individual damages is strictly prohibited in a petition for a Writ of Kalikasan.
2. Civil Damages Action
A civil action for damages arising from environmental pollution or tortious conduct must be instituted separately before the Regional Trial Court having territorial jurisdiction. Unlike a Writ of Kalikasan, a regular civil complaint permits the recovery of actual, moral, exemplary, and consequential monetary damages for loss of earnings or crop destruction. However, the plaintiff in an ordinary civil action must pay standard docket fees based on the total monetary claim, unless granted indigent status, and the case undergoes regular full-blown trial proceedings.
3. Combined Legal Action
Filing a Petition for Writ of Kalikasan alongside a separate civil complaint for damages provides comprehensive legal protection for victims of environmental disasters. The Writ of Kalikasan addresses immediate environmental hazards by securing environmental protection orders, cease and desist orders, and mandatory cleanup commands against polluters without payment of docket fees. Meanwhile, the independent civil action filed with the Regional Trial Court ensures the full recovery of specific financial losses and property damages suffered by affected individuals and communities.