Environmental Courts and Tribunals in the Philippines: Opportunities and Challenges in Environmental Litigation

Grizelda Mayo Anda

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Chapter 3 Environmental Courts and Tribunals in the Philippines

Opportunities and Challenges in Environmental Litigation

In: Environmental Courts and Tribunals in Asia-Pacific

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Grizelda Mayo Anda

Grizelda Mayo Anda
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Type:: Chapter

Pages:: 64–85

DOI:: https://doi.org/10.1163/9789004695863_004

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Abstract

In 2008, five years after its pronouncements in Minors Oposa v. Factoran on the significance of fundamental environmental rights in the Philippine Constitution, the Philippines Supreme Court designated 117 municipal and regional trial courts across the Philippines as environmental courts. In April 2010, the Supreme Court issued the Rules of Procedure for Environmental Cases (‘RPEC’) which shall govern the procedure in civil, criminal and special civil actions before various subordinate courts, involving enforcement or violations of environmental laws and other related laws, rules and regulations.¹ RPEC resulted from, among others, the inputs of various stakeholders in roundtable discussions and video conferences on the role of the courts as well as citizens in environmental protection. RPEC sought, among others, to address the issues of standing, costs of suit, evidence and speediness. It included provisions on citizen suits, special writs of Kalikasan and Continuing Mandamus, the precautionary principle as well as strategic litigation against public participation (‘SLAPP’). This chapter examines the challenges and opportunities in the adjudication of environmental cases since the promulgation of RPEC.

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Environmental Courts and Tribunals in Asia-Pacific

Best Practices, Challenges and the Way Forward

Series: Brill's Asian Law Series, Volume: 13

Cover Environmental Courts and Tribunals in Asia-Pacific

E-Book ISBN:: 9789004695863

Publisher:: Brill | Nijhoff

Print Publication Date:: 30 Oct 2024

Subjects
- International Law
  - Public International Law
  - Environmental & Energy Law

Front Matter

Part 1 Bridging the Gap: Theories and Practice of ECTs in Asia-Pacific

Part 2 Challenges and Benefits of ECTs in Asia-Pacific: Case Studies

Part 3 Regional Perspectives on ECTS: Prospects and Challenges

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Chapter 3 Environmental Courts and Tribunals in the Philippines

Opportunities and Challenges in Environmental Litigation

Abstract

Citation Info

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Environmental Courts and Tribunals in Asia-Pacific

Best Practices, Challenges and the Way Forward

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