RPEC Aug 20, 2020
RPEC Aug 20, 2020
Environmental Cases
(RPEC)
AM No. 09-6-8-SC
Atty. Delmer L. Riparip
Chief, Legal Unit
EMB Caraga Region
August 20, 2020
Scope
Objective
Civil Procedure
to enforce, redress, or protect their legal rights through court orders and monetary awards…
Formal statements served by each party to a lawsuit to one another, and
containing their respective positions (allegations, claims, defenses, denials).
The pleading of the party initiating the litigation process is called a
complaint or petition, the defendant's pleading is called an answer.
Pleadings only contain facts material to the party's claim or defense, and
not the means of proving those facts. Their purpose is to define the issues,
and narrow them down to the essentials.
Special Civil Action
Criminal Procedure
used by the government to protect and provide relief to the general public by attempting to
punish an individual.
Note: Writ of replevin does not lie. A Writ of Replevin is a provisional remedy that provides instant
relief to the person being deprived of his property.
Evidence
ROC - CP: Proof beyond reasonable doubt.
RPEC - CP: Precautionary principle (Prevention is better).
Landmark Cases
Oposa v. Factoran, Jr., G.R. No.101083, July 30, 1993
MMDA, DENR, DECS, DOH, DA, DPWH, DBM, PCG, PNPMG, and
DILG, Petitioners,
vs.
CONCERNED RESIDENTS OF MANILA BAY, represented and joined by
DIVINA V. ILAS, SABINIANO ALBARRACIN, MANUEL SANTOS, JR.,
DINAH DELA PEÑA, PAUL DENNIS QUINTERO, MA. VICTORIA
LLENOS, DONNA CALOZA, FATIMA QUITAIN, VENICE SEGARRA,
FRITZIE TANGKIA, SARAH JOELLE LINTAG, HANNIBAL AUGUSTUS
BOBIS, FELIMON SANTIAGUEL, and JAIME AGUSTIN R. OPOSA,
Respondents.
This Court rendered a Decision in G.R. Nos. 171947-48
ordering petitioners to clean up, rehabilitate and preserve
Manila Bay in their different capacities.