Thursday, September 6, 2012

WHAT IS A WRIT OF KALIKASAN?

A Writ of Kalikasan is a legal remedy under Philippine law which provides for the protection one's right to "a balanced and healthful ecology in accord with the rhythm and harmony of nature," as provided for in Section 16, Article II of the Philippine Constitution. It is compared with the writ of amparo but protects one's right for a healthy environment rather than constitutional rights.[1]

Provision for the Writ of Kaliksaan was made in 2010 by the Supreme Court of the Philippines under Rule 7 of the Rules of Procedure for Environmental Cases as a Special Civil Action.[2] The Supreme Court under Chief Justice Reynato Puno took the initiative and issued Rules of Procedure for Environmental Case because Section 16, Article II of the Philippines' 1986 Constitution was not a self-executing provision.[3]

The writ of Kailkasan may be sought to deal with environmental damage of such magnitude that it threatens life, health, or property of inhabitants in two or more cities or provinces.[

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IN THE MATTER OF THE ALLEGATIONS CONTAINED IN THE COLUMNS OF MR. AMADO P. MACASAET PUBLISHED IN MALAYA DATED SEPTEMBER 18, 19, 20 AND 21, 2007. D E C I S I O N

  Republic of the Philippines SUPREME COURT Manila EN BANC A.M. No. 07-09-13-SC             August 8, 2008 IN THE MATTER OF THE ALLEGATIONS ...