Rules of Procedure in Environmental Cases

RULES OF PROCEDURE
IN ENVIRONMENTAL
CASES
SLAPP
The Rules state, “Any Filipino citizen in
representation of others, including minors or
generations yet unborn, may file an action to
enforce rights or obligations under
environmental laws.” For such citizen suits,
the Court will also defer the payment of any
filing or other legal fees until after the Court
issues a judgment.
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 the Rules of
procedure in environmental cases.
A Strategic Lawsuit Against Public
Participation or SLAPP generally refers to claim
suits filed against private individuals as a
retaliation to the latter's recourse to the
government on an issue of public concern.
SLAPP actions do not forward any genuine
cognizable interest but are only used to oppose
and to suppress the defendants' political
activities.
The concept of SLAPP is of foreign origin. The
term was first coined by American legal
sociologists George Pring and Penelope Canan in
the late 1980s. At that time, they observed a
proliferation of damages suits used by deep-
pocketed individuals and corporations against
citizens who participate in public issues. They
concluded that these cases called SLAPP derail
public participation by intimidating defendants
and drying up their resources.
THE THREE (3) STAGES OF SLAPP
First, a citizen addresses the government on a

matter of public concern. The citizen espouses
a view contrary to that of another individual or
group, who is inevitably threatened by the
citizen's actions because this undermines their
interest, which is often monetary.
Second, those threatened by the

communication to the government will file a
case to intimidate the citizen, who, in turn, is
compelled to spend time and money to defend
themselves.
Third, the defendant-citizen must raise the
defense that their communication to the
government was constitutionally-protected.
In the process, the plaintiff in a SLAPP suit

uses the judicial process to silence the
defendant. Pring and Canan remarked that
SLAPP filers were able to use the courts and
judicial processes as leverage against ordinary
citizens.
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.
To constitute SLAPP, the following elements must
be present:
1. a civil complaint or counterclaim (for monetary

damages and/or injunction);
2. filed against non-governmental individuals

and/or groups;
3. because of their communications to a

government body, official, or the electorate; and
4. on an issue of some public interest or concern.

In alleging the defense of SLAPP, the following
conditions must concur:
(1) the defendant has taken or may take a legal

recourse in the enforcement of environmental
laws, protection of the environment, or assertion
of environmental rights;
(2) a legal action is filed against this person,

whether civil, criminal, or administrative; and
(3) the action was filed to harass, vex, exert due

pressure, or stifle the legal recourse of the
defendant
Such lawsuits have been made illegal in many
jurisdictions on the grounds that they impede
freedom of speech. In the typical SLAPP, the
plaintiff does not normally expect to win the
lawsuit. The plaintiff's goals are accomplished
if the defendant succumbs to fear, intimidation,
mounting legal costs, or simple exhaustion and
abandons the criticism. In some cases,
repeated frivolous litigation against a
defendant may raise the cost of directors and
officers liability insurance for that party,
interfering with an organization's ability to
operate.
In a SLAPP suit, the defendant-target is a party
exercising a constitutionally-safeguarded right.
In advocating for environmental protection and
preservation, a defendant-target exercises its
right to free speech and right to petition the
government. However, in doing so, the
defendant-target exposes himself or herself to
the retaliation of adversely affected individuals
and corporations.
To protect these defendant-targets from
frivolous suits and to encourage their political
participation, the court adopts the defense of
anti-SLAPP in environmental procedure.
The Writ of Kalikasan, an environmental writ
which may be issued under the rules, is an equally
unique legal tool intended to ensure
environmental law enforcement by making the
powerful accountable.
the writ was created to "provide a stronger

defense for environmental rights through judicial
efforts where institutional arrangements of
enforcement, implementation, and legislation
have fallen short and to address the potentially
exponential nature of large-scale ecological
threats."
In fact, the rules were intentionally applied not
only against the government but also against
private entities because the Court recognized
the "reality that private corporations threaten
the exercise of environmental rights as much as
government agencies that fail to fulfill their
duties.
A Writ of Kalikasan is a legal remedy under Philippine law

that provides protection of one's constitutional
right to a healthy environment, as outlined in Section 16,
Article II of the Philippine 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."
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.
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.

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RULES OF PROCEDURE

A legal action filed to harass, vex, exert undue

First, a citizen addresses the government on a

Second, those threatened by the

In the process, the plaintiff in a SLAPP suit

In a SLAPP filed against a person involved in the

The defense of a SLAPP shall be set for hearing

1. a civil complaint or counterclaim (for monetary

2. filed against non-governmental individuals

3. because of their communications to a

4. on an issue of some public interest or concern.

(1) the defendant has taken or may take a legal

(2) a legal action is filed against this person,

(3) the action was filed to harass, vex, exert due

the writ was created to "provide a stronger

A Writ of Kalikasan is a legal remedy under Philippine law

The hearing on the defense of a SLAPP shall be

The affirmative defense of a SLAPP shall be

If the court rejects the defense of a SLAPP, the

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