1 / 12

E XECUTION OF J UDGMENT IN E NVIRONMENTAL C ASES: THE P HILIPPINE S ETTING

E XECUTION OF J UDGMENT IN E NVIRONMENTAL C ASES: THE P HILIPPINE S ETTING. PRESBITERO J. VELASCO, JR. Associate Justice Supreme Court of the Philippines. Execution in environmental cases, Philippine setting. Execution –– fruit of litigation.

charity-stanton
Download Presentation

E XECUTION OF J UDGMENT IN E NVIRONMENTAL C ASES: THE P HILIPPINE S ETTING

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. EXECUTION OF JUDGMENT IN ENVIRONMENTAL CASES:THE PHILIPPINE SETTING PRESBITERO J. VELASCO, JR. Associate Justice Supreme Court of the Philippines

  2. Execution in environmental cases, Philippine setting Execution –– fruit of litigation

  3. Execution in environmental cases, Philippine setting Writ of execution –– ordering sheriff to enforce judgment • Specific act in decision can be done by other person at expense of losing party • may be cited in contempt • Sheriff to report on execution

  4. Execution in environmental cases, Philippine setting Special Rules • Automatic discretionary execution • Other agency to monitor execution • Commissioner to execute • Violator to submit program of rehabilitation to be shouldered by gain or contribute to a special trust fund

  5. Execution in environmental cases, Philippine setting Writ of Kalikasan (Nature) or Continuing Mandamus • Execution – remand to Regional Trial Court or RTC • Supreme Court or Court of Appeals has no sheriff

  6. Execution in environmental cases, Philippine setting Supreme Court can execute own decision under Philippine Constitution • Created Manila Bay Advisory Committee to execute decision • Held regular meetings • Agencies use reporting form with key performance indicators and deadlines

  7. Execution in environmental cases, Philippine setting February 15, 2011 Resolution prescribing time frames challenged — intrusion into executive branch

  8. Execution in environmental cases, Philippine setting Resolution proper and constitutional: • Part of execution of final decision • Rules of Court allows execution of what is actually and necessarily included in the decision Supreme Court retains jurisdiction until decision is fully satisfied

  9. Execution in environmental cases, Philippine setting Most agencies – on track President Aquino set aside billions of pesos for relocation of informal settlers

  10. Execution in environmental cases, Philippine setting Causes of delay 1. No permanent unit in Department of Environment and Natural Resources to oversee execution; 2. Lack of personnel in Local Government Units or LGUs; 3. LGUs are not parties; 4. Lack of sites for waste water treatment facilities and for informal settlers; 5. Lackluster community support re waste disposal.

  11. Execution in environmental cases, Philippine setting • Supreme Court restrains use of contempt power • Cooperation and collaboration: best approach in execution

  12. Execution in environmental cases, Philippine setting Restoration and preservation of Manila Bay’s water quality – extremely difficult undertaking

More Related