Court of Appeals Issues New Guidelines on Writ of Kalikasan Proceedings

Background

The Court of Appeals has issued Administrative Circular No. 045-2026, which provides updated procedural guidelines for Writ of Kalikasan proceedings under A.M. No. 09-6-8-SC (Rules of Procedure for Environmental Cases).

The guidelines were issued in response to the increasing number of environmental cases filed in recent years and inconsistencies in how different CA divisions have applied the rules.

Key Clarifications

The new guidelines clarify several procedural aspects:

• •Legal standing: The circular confirms that "real party in interest" under Rule 2 of the Rules of Procedure for Environmental Cases includes representatives of communities affected by environmental damage, even if they do not own the affected property.
• •Evidence standards: Environmental cases require a "preponderance of evidence" standard, but the burden shifts to the respondent once the petitioner establishes a prima facie case of environmental harm.
• •Interim relief: Temporary Environmental Protection Orders (TEPOs) may be issued ex parte in urgent cases, but must be confirmed or lifted within 72 hours after issuance.
• •Filing venue: Petitions may be filed with the CA division nearest to the location of the environmental harm, not just the CA main office in Manila.
• •Mediation: Environmental cases are now subject to mandatory mediation before trial, unless the court determines that mediation would cause irreparable harm.

Practical Tips for Environmental Litigators

Lawyers handling Writ of Kalikasan cases should note the following:

• •Prepare community representation documentation early — the new guidelines require proof that the petitioner represents the affected community.
• •Gather scientific evidence of environmental harm before filing, as the prima facie threshold must be met to shift the burden of proof.
• •Consider filing in the nearest CA division to reduce logistical costs and expedite proceedings.
• •Request a TEPO at the time of filing if immediate environmental harm is occurring — include photographs, water/soil samples, and expert testimony.