Courts' relation with administrative agencies
The courts’ relation with administrative agencies is not limited to reviewing
their acts in the exercise of their quasi-judicial functions. Whenever
technical issues are brought to the court for determination, courts may ask
for their conclusions on the status of private sector activities within their
jurisdiction and on matters within their specialized knowledge.
This is especially true for cases filed under A.M. No. 09-6-8-SC, otherwise
known as the Rules of Procedure for Environmental Cases (Rules).
The
Rules provide for remedies to enforce rights to a “balanced and healthful
ecology[.]”[1] A party may file:
The
Rules provide for remedies to enforce rights to a “balanced and healthful
ecology[.]”[1] A party may file: (1) a complaint alleging violation of environmental laws;[2]
(2) a petition for the issuance of a writ of kalikasan alleging violation of
the right to healthful ecology;[3] or
(3) a petition for the issuance of continuing mandamus alleging neglect in the
performance of duty to enforce environmental laws.[3]
[1] CONST., art. II, sec. 16; ENVTL. PROC. RULE, Rule 1, sec. 3(a).
[2] ENVTL. PROC. RULE, Rule 2, sec. 3.
[3] ENVTL. PROC. RULE, Rule 7, sec. 1.
[2] ENVTL. PROC. RULE, Rule 2, sec. 3.
[3] ENVTL. PROC. RULE, Rule 7, sec. 1.