Writ Of Kalikasan And Writ Of Continuing Mandamus.docx

Writ of Kalikasan and Writ of Continuing Mandamus What is a Writ of Kalikasan? It is a remedy available to a natural or juridical person, entity authorized by law, people’s organizations, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons 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 without involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. What is the basis of the Writ of Kalikasan? It rests in Article II, Section 16 on the Declaration of Principles and State Policies of the 1987 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”. What is the important feature of this writ? The magnitude requirement with regards to the destruction or imminent destruction which is sought to be prevented must be present. What is a Writ of Continuing Mandamus? It is writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. It is filed by one who is personally aggrieved. (Contributor, Ihra Faith C Magno) Summary of difference and similarities of Writ of Kalikasan and Writ of Continuing Mandamus Writ of Kalikasan

Writ of Continuing Mandamus

Subject Matter

Unlawful act or omission; life health or property

Neglect or exclusion; law, rule or right

Petitioner

Any person or representative /agent (PO/NGO/Public Interest Group)

One who is personally aggrieved

Respondent

Public or private entity or individual

Government or officers

Temporary Environmental Protection Order (TEPO)

Ancillary remedy

Ancillary remedy

Venue

Supreme Court or Court of Appeals

Supreme Court, CA or RTC

Discovery Measures

Ocular inspection or production of documents

No enumeration

Damages

None; separate suit

Allow damages for malicious neglect of duty