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 KalikasanWrit of Continuing

Mandamus

Subject MatterUnlawful 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

RespondentPublic or private entity or

individualGovernment or officers

Temporary

Environmental

Protection Order

(TEPO)

Ancillary remedy Ancillary remedy

VenueSupreme Court or Court

of Appeals

Supreme Court, CA or

RTC

Discovery MeasuresOcular inspection or

production of documentsNo enumeration

Damages None; separate suit

Allow damages for

malicious neglect of

duty