WRIT OF KALIKASAN

Principle of — An extraordinary remedy covering environmental damage of such magnitude that will prejudice the life, health or property of inhabitants in two or more cities or provinces; it is designed for a narrow but special purpose: to accord a stronger protection for environmental rights, aiming, among others, to provide a speedy and effective resolution of a case involving the violation of one’s constitutional right to a healthful and balanced ecology that transcends political and territorial boundaries, and to address the potentially exponential nature of large-scale ecological threats. (Segovia vs. Climate Change Commission, G.R. No. 211010, Mar. 07, 2017)

—      For a writ of kalikasan to issue, the following requisites must concur: 1. there is an actual or threatened violation of the constitutional right to a balanced and healthful ecology; 2. the actual or threatened violation arises from an unlawful act or omission of a public official or employee, or private individual or entity; and 3. the actual or threatened violation involves or will lead to an environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces; a party claiming the privilege for the issuance of a writ of kalikasan has to show that a law, rule or regulation was violated or would be violated. (Segovia vs. Climate Change Commission, G.R. No. 211010, Mar. 07, 2017)

Source: Supreme Court of the Philippines