Continuous Trial of Environmental Law Cases a. Features of the Rules

As previously mentioned, the Rules of Procedure for Environmental Cases empower the judge to enter a plea of not guilty in the event of non-appearance by the accused during arraignment.

This rule was placed in line with the court’s objective of promoting the speedy resolution of cases. Pursuant to the same objective, the Rules provide that affidavits shall be filed in lieu of direct examination.⁸⁴⁵ Accordingly, the affidavits are in question and answer format and the same must be presented during the pre-trial conference.⁸⁴⁶ The scope of the direct examination is limited to the matters covered by the affidavit. The affidavit shall be subject to cross examination and the right to object to inadmissible parts of the affidavit.⁸⁴⁷

842 Id. Rule 16, § 3(a).

843 Id. annot., at 154.

844 Id. Rule 16, § 7.

845 RULES OF PROCEDUREFOR ENVIRONMENTAL CASES, Rule 17, § 2.

846 Id. Rule 16, § 1(g).

847 Id. Rule 17, § 2.

Similar to the rules in civil cases, the parties may submit their memoranda to the court in electronic form.⁸⁴⁸ After both parties have rested their case, the court may order the parties to submit their memoranda within a non-extendible period of thirty (30) days from the time the case is submitted for decision.⁸⁴⁹

Rule 17 of the Rules of Procedure for Environmental Cases also requires that the Integrated Bar of the Philippines provide pro bono lawyers for an indigent accused. In including this provision, the Rules take into account and address the possibility of having an accused who may not have the financial capacity to defend himself.⁸⁵⁰ As a means of addressing the common issue of lack of funds in access to justice, the Rules of Procedure allow the deferment of filing fees.

b. Mandatory Period

Under the Rules, the court shall dispose of the case within ten (10) months from the time of the date of arraignment of the accused, which is the time within which the judiciary takes cognizance of the case.

Other periods included in the rules are: a non-extendible period of thirty (30) days within which the parties shall submit their memoranda,⁸⁵¹ and a period of sixty (60) days from the last day of filing the memoranda within which the court is tasked to dispose of the case.⁸⁵²

6. Evidence

The Rules of Procedure for Environmental Cases supplement the Rules on Evidence which remain fully applicable to environmental cases.⁸⁵³ The Rules aim to address the current problems in the gathering and preservation of evidence by allowing in evidence photographs, videos and similar evidence of events, acts, transactions of wildlife, wildlife by-products or derivatives, forest products or mineral resources subject of a case. The presentation of the evidence shall be admitted provided that it is authenticated by the following persons:

a. the person who took the photograph, video or similar evidence; or

b. any person who was present when the photograph, video or similar evidence was taken; or c. any person competent to testify on the accuracy of the photograph, video or similar

evidence.⁸⁵⁴

848 Id. Rule 17, § 3.

849 Id.

850 Id. annot., at 156.

851 RULES OF PROCEDUREFOR ENVIRONMENTAL CASES, Rule 17, § 3.

852 Id.

853 Id. annot., at 160.

854 Id. Rule 21, § 1.

855 Id. Rule 21, § 2.

856 Id. Rule 20, § 1.

857 RULES OF PROCEDUREFOR ENVIRONMENTAL CASES, Rule 20, § 2.

858 Id. annot., at 158.

859 Id. Rule 18, § 1.

Moreover, “entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated.”⁸⁵⁵

Where sufficient evidence is available, the Revised Rules on Evidence apply. However, in cases where there is lack of full scientific certainty or there is doubt with the evidence available, the precautionary principle shall be applied by the judge in resolving the case before it.⁸⁵⁶ The following are the factors which may be considered in the application of the precautionary principle:

a. The existence of threats to human life or health;

b. Inequity to present or future generations;

c. Prejudice to the environment without legal consideration of the environmental rights of those affected.⁸⁵⁷

It should be noted that in the application of the precautionary principle, the Rules of Procedure for Environmental Cases give emphasis to the right to a balanced and healthful ecology. In effect, this shifts the burden away from the complainants from proving with certainty that harm occurred.⁸⁵⁸ 7. Execution

The Rules of Procedure for Environmental Cases provide that in case the accused is convicted for violation of an environmental law or the commission of prohibited acts under it and subsidiary liability is found under the law, a person entitled to recover under the judgment may by motion enforce such subsidiary liability against a person or corporation subsidiary liable under Articles 102 and 103 of the Revised Penal Code.⁸⁵⁹ The following is a list of persons with subsidiary liability under the abovementioned provisions of the Revised Penal Code:

It is important to note that the person entitled to recover under Section 1 of Rule 18 is not limited to the party in the suit. The subsidiary liability under the Rules was placed in order to facilitate the recovery of damages should the accused be or become insolvent.