Writ of kalikasan vs. writ of continuing mandamus
As to the subject matter:
The WRIT OF CONTINUING MANDAMUS is directed against [a] the unlawful neglect in the performance of an act specifically enjoined by law in connection with the enforcement/ violation of an envt’l rule or [b] the unlawfully exclusion of another from the use or enjoyment of such right and in both instances, there is no other plain, speedy and adequate remedy in the ordinary course of law.
The respondent in a petition for WRIT OF KALIKASAN may be public or private individual or entity.
In a petition for WRIT OF CONTINUING MANDAMUS, the respondent may be the Government or its officers.
As to payment of docket fees:
Both are exempt from payment of docket fees.
As to venue:
A petition for WRIT OF KALIKASAN may be filed with the Supreme Court or the Court of Appeals.
A petition for WRIT OF CONTINUING MANDAMUS may be filed with the Regional Trial Court exercising territorial jurisdiction, or the Court of Appeals, or the Supreme Court.
As to use of discovery measures:
The rule on WRIT OF KALIKASAN mentions ocular inspection and production or inspection order.
The rule on CONTINUING MANDAMUS mentions no discovery measures.
As to award of damages:
Award of damages is allowed under the rule on CONTINUING MANDAMUS.