Republic Act No.
8369 October 28, 1997
AN ACT ESTABLISHING FAMILY COURTS, GRANTING
THEM EXCLUSIVE ORIGINAL JURISDICTION OVER
CHILD AND FAMILY CASES, AMENDING BATAS
PAMBANSA BILANG 129,AS AMENDED, OTHERWISE
KNOWN AS ACT OF 1980, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled::
Section 1. Title. - This Act shall be known as the "Family
Courts Act of 1997".
Section 2. Statement of National Policies. - The State shall
protect the rights and promote the welfare of children in
keeping with the mandate of the Constitution and the
precepts of the United Nations Convention on the rights of
the Child. The State shall provide a system of adjudication
for youthful offenders which takes into account their
peculiar circumstances.
The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous
social institution. The courts shall preserve the solidarity
of the family, provide procedures for the reconciliation of
spouses and the amicable settlement of family controversy.
Section 3. Establishment of Family Courts. - There shall be
established a Family Court in every province and city in the
country. In case where the city is the capital of the
province, the Family Court shall be established in the
municipality which has the highest population.
Section 4. Qualification and Training of Family Court
Judges. - Sec. 15 of Batas Pambansa Blg. 129, as amended,
is hereby further amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be appointed
Regional Trial Judge or Presiding Judge of the Family Court
unless he is a natural-born citizen of the Philippines, at
least thirty-five (35) years of age, and, for at least ten (10)
years, has been engaged in the practice of law in the
Philippines or has held a public office in the Philippines
requiring admission to the practice of law as indispensable
requisite.
"(b) Training of Family Court Judges. - The Presiding Judge,
as well as the court personnel of the Family Courts, shall
undergo training and must have the experience and
demonstrated ability in dealing with child and family cases.
"The Supreme Court shall provide a continuing education
program on child and family laws, procedure and other
related disciplines to judges and personnel of such courts."
Section 5. Jurisdiction offamily Courts. - The Family Courts
shall have exclusive original jurisdiction to hear and decide
the following cases:
a) Criminal cases where one or more of the accused is
below eighteen (18) years of age but not less than nine (9)
years of age but not less than nine (9) years of age or
where one or more of the victims is a minor at the time of
the commission of the offense: Provided, That if the minor
is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have
incurred.
Miscellaneous Provisional Remedies
The sentence, however, shall be suspended without need of
application pursuant to Presidential Decree No. 603,
otherwise known as the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas
corpus in relation to the latter;
c) Petitions for adoption of children and the revocation
thereof;
d) Complaints for annulment of marriage, declaration of
nullity of marriage and those relating to marital status and
property relations of husband and wife or those living
together under different status and agreements, and
petitions for dissolution of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the
provisions of Executive Order No. 209, otherwise known as
the "Family Code of the Philippines";
g) Petitions for declaration of status of children as
abandoned, dependent o neglected children, petitions for
voluntary or involuntary commitment of children; the
suspension, termination, or restoration of parental
authority and other cases cognizable under Presidential
Decree No. 603, Executive Order No. 56, (Series of 1986),
and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous
Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as
the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act," as amended by
Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that
results, or are likely to result in physical, sexual or
psychological harm or suffering to women; and other
forms of physical abuse such as battering or threats and
coercion which violate a woman's personhood, integrity
and freedom movement; and
2) Children - which include the commission of all forms of
abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to their
development.
If an act constitutes a criminal offense, the accused or
batterer shall be subject to criminal proceedings and the
corresponding penalties.
If any question involving any of the above matters should
arise as an incident in any case pending in the regular
courts, said incident shall be determined in that court.
Section 6. Use of Income. - All Family Courts shall be
allowed the use of ten per cent (10%) of their income
derived from filing and other court fees under Rule 141 of
the Rules of Court for research and other operating
expenses including capital outlay: Provided, That this
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benefit shall likewise be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary
guidelines to effectively implement the provisions of this
Sec.
Section 7. Special Provisional Remedies. - In cases of
violence among immediate family members living in the
same domicile or household, the Family Court may issue a
restraining order against the accused of defendant upon
verified application by the complainant or the victim for
relief from abuse.
The court may order the temporary custody of children in
all civil actions for their custody. The court may also order
support pendente lite, including deduction from the salary
and use of conjugal home and other properties in all civil
actions for support.
Section 8. Supervision of Youth Detention Homes. - The
judge of the Family Court shall have direct control and
supervision of the youth detention home which the local
government unit shall establish to separate the youth
offenders from adult criminals: Provided, however, That
alternatives to detention and institutional care shall be
made available to the accused including counseling,
recognizance, bail, community continuum, or diversions
from the justice system: Provided, further, That the human
rights of the accused are fully respected in a manner
appropriate to their well-being.
Section 9. Social Services and Counseling Division. - Under
the guidance ofthe Department of Social Welfare and
Development (DSWD), a Social Services and Counseling
Division (SSCD) shall be established in each judicial region
as the Supreme Court shall deem necessary based on the
number of juvenile and family cases existing in such
jurisdiction. It shall provide appropriate social services to
all juvenile and family cases filed with the court and
recommend the proper social action. It shall also develop
programs, formulate uniform policies and procedures, and
provide technical supervision and monitoring of all SSCD
in coordination with the judge.
Section 10. Social Services and Counseling Division Staff. -
The SSCD shall have a staff composed of qualified social
workers and other personnel with academic preparation in
behavioral sciences to carry out the duties'of conducting
intake assessment, social case studies, casework and
counseling, and othersocial services that may be needed in
connection with cases filed with the court: Provided,
however, That in adoption cases and in petitions for
declaration of abandonment, the case studies may be
prepared by social workers of duly licensed child caring or
child placement agencies, or the DSWD. When warranted,
the division shall recommend that the court avail itself of
consultative services of psychiatrists, psychologists, and
other qualified specialists presently employed in other
departments of the government in connection with its
cases.
The position of Social Work Adviser shall be created under
the Office of the Court Administrator, who shall monitor
and supervise the SSCD ofthe Regional Trial Court.
Section 11. Alternative Social Services. - In accordance with
Sec. 17 of this Act, in areas where no Family Court has been
established or no Regional Trial Court was designated by
the Supreme Court due to the limited number of cases, the
Miscellaneous Provisional Remedies
DSWD shall designate and assign qualified, trained, and
DSWD accredited social workers of the local government
units to handle juvenile and family cases filed in the
designated Regional Trial Court of the place.
Section 12. Privacy and Confidentiality of Proceedings. - All
hearings and conciliation of the child and family cases shall
be treated in a manner consistent with the promotion of
the child's and the family's dignity and worth, and shall
respect their privacy at all stages of the proceedings.
Records of the cases shall be dealt with utmost
confidentiality and the identity of parties shall not be
divulged unless necessary and with authority of the judge.
Section 13. Special Rules of Procedure. - The Supreme
Court shall promulgate special rules of procedure for the
transfer of cases to the new courts during the transition
period and for the disposition of family cases with the best
interests of the child and the protection of the family as
primary consideration taking into account the United
Nations Convention on the Rights of the Child.
Section 14. Appeals. - Decisions and orders of the court
shall be appealed in the same manner and subject to the
same conditions as appeals from the ordinary Regional
Trial Courts.
Section 15. Appropriations. - The amount necessary to
carry out the provisions of this Act shall be included in the
General Appropriations Act of the year following in its
enactment into law and thereafter.
Section 16. Implementing Rules and Regulations. - The
Supreme Court, in coordination with the DSWD, shall
formulate the necessary rules and regulations for the
effective implementation of the social aspects of this Act.
Section 17. Transitory Provisions. - Pending the
establishment of such Family Courts, the Supreme Court
shall designate from among the branches ofthe Regional
Trial Court at least one Family Court in each of the cities of
Manila, Quezon, Pasay, Caloocan, Makati, Pasig,
Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago,
Dagupan, Olongapo, Cabanatuan, San Jose, Angeles, Cavite,
Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo,
Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran,
Surigao, Butuan, Cagayan de Oro, Davao, General Santos,
Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan,
and in such other places as the Supreme Court may deem
necessary.
Additional cases other than those provided in Sec. 5 may
be assigned to the Family Courts when their dockets
permit: Provided, That such additional cases shall not be
heard on the same day family cases are heard.
In areas where there are no Family Courts, the cases
referred to in Sec. 5 of this Act shall be adjudicated by the
Regional Trial Court.
Section 18. Separability Clause. - In case any provision of
this Act is declared unconstitutional, the other provisions
shall remain in effect.
Section 19. Repealing Clause. - All other laws, decrees,
executive orders, rules or regulations inconsistent
herewith are hereby repealed, amended or modified
accordingly.
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Section 20. Effectivity. - This Act shall take effect fifteen
(15) days after its publication in at least two (2) national
newspapers of general circulation.
Republic Act No. 9372 March 6, 2007
AN ACT TO SECURE THE STATE AND PROTECT OUR
PEOPLE FROM TERRORISM
Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall henceforth be
known as the "Human Security Act of 2007."
SEC. 2. Declaration of Policy. - It is declared a policy of the
State to protect life, liberty, and property from acts of
terrorism, to condemn terrorism as inimical and
dangerous to the national security of the country and to
the welfare of the people, and to make terrorism a crime
against the Filipino people, against humanity, and against
the law of nations.
In the implementation of the policy stated above, the State
shall uphold the basic rights and fundamental liberties of
the people as enshrined in the Constitution.
The State recognizes that the fight against terrorism
requires a comprehensive approach, comprising political,
economic, diplomatic, military, and legal means duly taking
into account the root causes of terrorism without
acknowledging these as justifications for terrorist and/or
criminal activities. Such measures shall include conflict
management and post-conflict peace-building, addressing
the roots of conflict by building state capacity and
promoting equitable economic development.
Nothing in this Act shall be interpreted as a curtailment,
restriction or diminution of constitutionally recognized
powers of the executive branch of the government. It is to
be understood, however that the exercise of the
constitutionally recognized powers of the executive
department of the government shall not prejudice respect
for human rights which shall be absolute and protected at
all times.
SEC. 3. Terrorism.- Any person who commits an act
punishable under any of the following provisions of the
Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High
Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by
private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous
and Nuclear Waste Control Act of 1990);
Miscellaneous Provisional Remedies
3. Republic Act No. 5207, (Atomic Energy Regulatory and
Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-
Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread
and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism and shall
suffer the penalty of forty (40) years of imprisonment,
without the benefit of parole as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence
Law, as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who
conspire to commit the crime of terrorism shall suffer the
penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an
agreement concerning the commission of the crime of
terrorism as defined in Section 3 hereof and decide to
commit the same.
SEC. 5. Accomplice. - Any person who, not being a principal
under Article 17 of the Revised Penal Code or a conspirator
as defined in Section 4 hereof, cooperates in the execution
of either the crime of terrorism or conspiracy to commit
terrorism by previous or simultaneous acts shall suffer the
penalty of from seventeen (17) years, four months one day
to twenty (20) years of imprisonment.
SEC. 6. Accessory. - Any person who, having knowledge of
the commission of the crime of terrorism or conspiracy to
commit terrorism, and without having participated
therein, either as principal or accomplice under Articles 17
and 18 of the Revised Penal Code, takes part subsequent to
its commission in any of the following manner: (a) by
profiting himself or assisting the offender to profit by the
effects of the crime; (b) by concealing or destroying the
body of the crime, or the effects, or instruments thereof, in
order to prevent its discovery; (c) by harboring, concealing,
or assisting in the escape of the principal or conspirator of
the crime, shall suffer the penalty of ten (10) years and one
day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties
prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same degrees,
with the single exception of accessories falling within the
provisions of subparagraph (a).
SEC. 7. Surveillance of Suspects and Interception and
Recording of Communications. -The provisions of Republic
Act No. 4200 (Anti-Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement official and
the members of his team may, upon a written order of the
Court of Appeals, listen to, intercept and record, with the
use of any mode, form, kind or type of electronic or other
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surveillance equipment or intercepting and tracking
devices, or with the use of any other suitable ways and
means for that purpose, any communication, message,
conversation, discussion, or spoken or written words
between members of a judicially declared and outlawed
terrorist organization, association, or group of persons or
of any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of
communications between lawyers and clients, doctors and
patients, journalists and their sources and confidential
business correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. - The
written order of the authorizing division of the Court of
Appeals to track down, tap, listen to, intercept, and record
communications, messages, conversations, discussions, or
spoken or written words of any person suspected of the
crime of terrorism or the crime of conspiracy to commit
terrorism shall only be granted by the authorizing division
of the Court of Appeals upon an ex parte written
application of a police or of a law enforcement official who
has been duly authorized in writing by the Anti-Terrorism
Council created in Section 53 of this Act to file such ex
parte application, and upon examination under oath or
affirmation of the applicant and the witnesses he may
produce to establish: (a) that there is probable cause to
believe based on personal knowledge of facts or
circumstances that the said crime of terrorism or
conspiracy to commit terrorism has been committed, or is
being committed, or is about to be committed; (b) that
there is probable cause to believe based on personal
knowledge of facts or circumstances that evidence, which
is essential to the conviction of any charged or suspected
person for, or to the solution or prevention of, any such
crimes, will be obtained; and, (c) that there is no other
effective means readily available for acquiring such
evidence.
SEC. 9. Classification and Contents of the Order of the
Court. - The written order granted by the authorizing
division of the Court of Appeals as well as its order, if any,
to extend or renew the same, the original application of the
applicant, including his application to extend or renew, if
any, and the written authorizations of the Anti-Terrorism
Council shall be deemed and are hereby declared as
classified information: Provided, That the person being
surveilled or whose communications, letters, papers,
messages, conversations, discussions, spoken or written
words and effects have been monitored, listened to, bugged
or recorded by law enforcement authorities has the right
to be informed of the acts done by the law enforcement
authorities in the premises or to challenge, if he or she
intends to do so, the legality of the interference before the
Court of Appeals which issued the written order. The
written order of the authorizing division of the Court of
Appeals shall specify the following: (a) the identity, such as
name and address, if known, of the charged or suspected
person whose communications, messages, conversations,
discussions, or spoken or written words are to be tracked
down, tapped, listened to, intercepted, and recorded and,
in the case of radio, electronic, or telephonic (whether
wireless or otherwise) communications, messages,
conversations, discussions, or spoken or written words,
the electronic transmission systems or the telephone
numbers to be tracked down, tapped, listened to,
intercepted, and recorded and their locations or if the
person suspected of the crime of terrorism or conspiracy
to commit terrorism is not fully known, such person shall
Miscellaneous Provisional Remedies
be subject to continuous surveillance provided there is a
reasonable ground to do so; (b) the identity (name,
address, and the police or law enforcement organization)
of the police or of the law enforcement official, including
the individual identity (names, addresses, and the police or
law enforcement organization) of the members of his team,
judicially authorized to track down, tap, listen to, intercept,
and record the communications, messages, conversations,
discussions, or spoken or written words; (c) the offense or
offenses committed, or being committed, or sought to be
prevented; and, (d) the length of time within which the
authorization shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. - Any
authorization granted by the authorizing division of the
Court of Appeals, pursuant to Section 9(d) of this Act, shall
only be effective for the length of time specified in the
written order of the authorizing division of the Court of
Appeals, which shall not exceed a period of thirty (30) days
from the date of receipt of the written order of the
authorizing division of the Court of Appeals by the
applicant police or law enforcement official.
The authorizing division of the Court of Appeals may
extend or renew the said authorization for another non-
extendible period, which shall not exceed thirty (30) days
from the expiration of the original period: Provided, That
the authorizing division of the Court of Appeals is satisfied
that such extension or renewal is in the public interest: and
Provided, further, That the ex parte application for
extension or renewal, which must be filed by the original
applicant, has been duly authorized in writing by the Anti-
Terrorism Council.
In case of death of the original applicant or in case he is
physically disabled to file the application for extension or
renewal, the one next in rank to the original applicant
among the members of the team named in the original
written order of the authorizing division of the Court of
Appeals shall file the application for extension or renewal:
Provided, That, without prejudice to the liability of the
police or law enforcement personnel under Section 20
hereof, the applicant police or law enforcement official
shall have thirty (30) days after the termination of the
period granted by the Court of Appeals as provided in the
preceding paragraphs within which to file the appropriate
case before the Public Prosecutor's Office for any violation
of this Act.
If no case is filed within the thirty (30)-day period, the
applicant police or law enforcement official shall
immediately notify the person subject of the surveillance,
interception and recording of the termination of the said
surveillance, interception and recording. The penalty of ten
(10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police
or law enforcement official who fails to notify the person
subject of the surveillance, monitoring, interception and
recording as specified above.
SEC. 11. Custody of Intercepted and Recorded
Communications. - All tapes, discs, and recordings made
pursuant to the authorization of the authorizing division of
the Court of Appeals, including all excerpts and summaries
thereof as well as all written notes or memoranda made in
connection therewith, shall, within forty-eight (48) hours
after the expiration of the period fixed in the written order
of the authorizing division of the Court of Appeals or
within forty-eight (48) hours after the expiration of any
extension or renewal granted by the authorizing division of
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the Court of Appeals, be deposited with the authorizing
Division of the Court of Appeals in a sealed envelope or
sealed package, as the case may be, and shall be
accompanied by a joint affidavit of the applicant police or
law enforcement official and the members of his team.
In case of death of the applicant or in case he is physically
disabled to execute the required affidavit, the one next in
rank to the applicant among the members of the team
named in the written order of the authorizing division of
the Court of Appeals shall execute with the members of the
team that required affidavit.
It shall be unlawful for any person, police officer or any
custodian of the tapes, discs and recording, and their
excerpts and summaries, written notes or memoranda to
copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext
whatsoever.
Any person who removes, deletes, expunges, incinerates,
shreds or destroys the items enumerated above shall suffer
a penalty of not less than six years and one day to twelve
(12) years of imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of
the police or of the law enforcement official and the
individual members of his team shall state: (a) the number
of tapes, discs, and recordings that have been made, as well
as the number of excerpts and summaries thereof and the
number of written notes and memoranda, if any, made in
connection therewith; (b) the dates and times covered by
each of such tapes, discs, and recordings; (c) the number of
tapes, discs, and recordings, as well as the number of
excerpts and summaries thereof and the number of written
notes and memoranda made in connection therewith that
have been included in the deposit; and (d) the date of the
original written authorization granted by the Anti-
Terrorism Council to the applicant to file the ex parte
application to conduct the tracking down, tapping,
intercepting, and recording, as well as the date of any
extension or renewal of the original written authority
granted by the authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath that no
duplicates or copies of the whole or any part of any of such
tapes, discs, and recordings, and that no duplicates or
copies of the whole or any part of any of such excerpts,
summaries, written notes, and memoranda, have been
made, or, if made, that all such duplicates and copies are
included in the sealed envelope or sealed package, as the
case may be, deposited with the authorizing division of the
Court of Appeals.
It shall be unlawful for any person, police or law
enforcement official to omit or exclude from the joint
affidavit any item or portion thereof mentioned in this
Section.
Any person, police or law enforcement officer who violates
any of the acts prescribed in the preceding paragraph shall
suffer the penalty of not less than ten (10) years and one
day to twelve (12) years of imprisonment.
SEC. 13. Disposition of Deposited Material. -The sealed
envelope or sealed package and the contents thereof,
which are deposited with the authorizing division of the
Court of Appeals, shall be deemed and are hereby declared
Miscellaneous Provisional Remedies
classified information, and the sealed envelope or sealed
package shall not be opened and its contents (including the
tapes, discs, and recordings and all the excerpts and
summaries thereof and the notes and memoranda made in
connection therewith) shall not be divulged, revealed,
read, replayed, or used as evidence unless authorized by
written order of the authorizing division of the Court of
Appeals, which written order shall be granted only upon a
written application of the Department of Justice filed
before the authorizing division of the Court of Appeals and
only upon a showing that the Department of Justice has
been duly authorized in writing by the Anti-Terrorism
Council to file the application with proper written notice
the person whose conversation, communication, message
discussion or spoken or written words have been the
subject of surveillance, monitoring, recording and
interception to open, reveal, divulge, and use the contents
of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority
who violates his duty to notify in writing the persons
subject of the surveillance as defined above shall suffer the
penalty of six years and one day to eight years of
imprisonment.
SEC. 14. Application to Open Deposited Sealed Envelope or
Sealed Package. - The written application with notice to the
party concerned to open the deposited sealed envelope or
sealed package shall clearly state the purpose or reason:
(a) for opening the sealed envelope or sealed package; (b)
for revealing or disclosing its classified contents; (c) for
replaying, divulging, and or reading any of the listened to,
intercepted, and recorded communications, messages,
conversations, discussions, or spoken or written words
(including any of the excerpts and summaries thereof and
any of the notes or memoranda made in connection
therewith); [ and, (d) for using any of said listened to,
intercepted, and recorded communications, messages,
conversations, discussions, or spoken or written words
(including any of the excerpts and summaries thereof and
any of the notes or memoranda made in connection
therewith) as evidence.
Any person, law enforcement official or judicial authority
who violates his duty to notify as defined above shall suffer
the penalty of six years and one day to eight years of
imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. - Any
listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written
words, or any part or parts thereof, or any information or
fact contained therein, including their existence, content,
substance, purport, effect, or meaning, which have been
secured in violation of the pertinent provisions of this Act,
shall absolutely not be admissible and usable as evidence
against anybody in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry, proceeding, or
hearing.
SEC. 16. Penalty for Unauthorized or Malicious
Interceptions and/or Recordings. - Any police or law
enforcement personnel who, not being authorized to do so
by the authorizing division of the Court of Appeals, tracks
down, taps, listens to, intercepts, and records in whatever
manner or form any communication, message,
conversation, discussion, or spoken or written word of a
person charged with or suspected of the crime of terrorism
or the crime of conspiracy to commit terrorism shall be
guilty of an offense and shall suffer the penalty of ten (10)
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years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of ten (10)
years and one day to twelve (12) years of imprisonment
and the accessory penalty of perpetual absolute
disqualification from public office shall be imposed upon
any police or law enforcement personnel who maliciously
obtained an authority from the Court of Appeals to track
down, tap, listen to, intercept, and record in whatever
manner or form any communication, message,
conversation, discussion, or spoken or written words of a
person charged with or suspected of the crime of terrorism
or conspiracy to commit terrorism: Provided, That
notwithstanding Section 13 of this Act, the party aggrieved
by such authorization shall be allowed access to the sealed
envelope or sealed package and the contents thereof as
evidence for the prosecution of any police or law
enforcement personnel who maliciously procured said
authorization.
SEC. 17. Proscription of Terrorist Organizations,
Association, or Group of Persons. - Any organization,
association, or group of persons organized for the purpose
of engaging in terrorism, or which, although not organized
for that purpose, actually uses the acts to terrorize
mentioned in this Act or to sow and create a condition of
widespread and extraordinary fear and panic among the
populace in order to coerce the government to give in to an
unlawful demand shall, upon application of the
Department of Justice before a competent Regional Trial
Court, with due notice and opportunity to be heard given
to the organization, association, or group of persons
concerned, be declared as a terrorist and outlawed
organization, association, or group of persons by the said
Regional Trial Court.
SEC. 18. Period of Detention Without Judicial Warrant of
Arrest. - The provisions of Article 125 of the Revised Penal
Code to the contrary notwithstanding, any police or law
enforcement personnel, who, having been duly authorized
in writing by the Anti-Terrorism Council has taken custody
of a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism
shall, without incurring any criminal liability for delay in
the delivery of detained persons to the proper judicial
authorities, deliver said charged or suspected person to
the proper judicial authority within a period of three days
counted from the moment the said charged or suspected
person has been apprehended or arrested, detained, and
taken into custody by the said police, or law enforcement
personnel: Provided, That the arrest of those suspected of
the crime of terrorism or conspiracy to commit terrorism
must result from the surveillance under Section 7 and
examination of bank deposits under Section 27 of this Act.
The police or law enforcement personnel concerned shall,
before detaining the person suspected of the crime of
terrorism, present him or her before any judge at the
latter's residence or office nearest the place where the
arrest took place at any time of the day or night. It shall be
the duty of the judge, among other things, to ascertain the
identity of the police or law enforcement personnel and
the person or persons they have arrested and presented
before him or her, to inquire of them the reasons why they
have arrested the person and determine by questioning
and personal observation whether or not the suspect has
been subjected to any physical, moral or psychological
torture by whom and why. The judge shall then submit a
written report of what he/she had observed when the
Miscellaneous Provisional Remedies
subject was brought before him to the proper court that
has jurisdiction over the case of the person thus arrested.
The judge shall forthwith submit his/her report within
three calendar days from the time the suspect was brought
to his/her residence or office.
Immediately after taking custody of a person charged with
or suspected of the crime of terrorism or conspiracy to
commit terrorism, the police or law enforcement
personnel shall notify in writing the judge of the court
nearest the place of apprehension or arrest: Provided ,That
where the arrest is made during Saturdays, Sundays,
holidays or after office hours, the written notice shall be
served at the residence of the judge nearest the place
where the accused was arrested.
The penalty of ten (10) years and one day to twelve (12)
years of imprisonment shall be imposed upon the police or
law enforcement personnel who fails to notify and judge as
Provided in the preceding paragraph.
SEC. 19. Period of Detention in the Event of an Actual or
Imminent Terrorist Attack. - In the event of an actual or
imminent terrorist attack, suspects may not be detained
for more than three days without the written approval of a
municipal, city, provincial or regional official of a Human
Rights Commission or judge of the municipal, regional trial
court, the Sandiganbayan or a justice of the Court of
Appeals nearest the place of the arrest. If the arrest is
made during Saturdays, Sundays, holidays or after office
hours, the arresting police or law enforcement personnel
shall bring the person thus arrested to the residence of any
of the officials mentioned above that is nearest the place
where the accused was arrested. The approval in writing of
any of the said officials shall be secured by the police or
law enforcement personnel concerned within five days
after the date of the detention of the persons concerned:
Provided, however, That within three days after the
detention the suspects, whose connection with the terror
attack or threat is not established, shall be released
immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper
Judicial Authority within Three Days. - The penalty of ten
(10) years and one day to twelve (12) years of
imprisonment shall be imposed upon any police or law
enforcement personnel who has apprehended or arrested,
detained and taken custody of a person charged with or
suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within
the period of three days.
SEC. 21. Rights of a Person under Custodial Detention. -
The moment a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit
terrorism is apprehended or arrested and detained, he
shall forthwith be informed, by the arresting police or law
enforcement officers or by the police or law enforcement
officers to whose custody the person concerned is brought,
of his or her right: (a) to be informed of the nature and
cause of his arrest, to remain silent and to have competent
and independent counsel preferably of his choice. If the
person cannot afford the services of counsel of his or her
choice, the police or law enforcement officers concerned
shall immediately contact the free legal assistance unit of
the Integrated Bar of the Philippines (IBP) or the Public
Attorney's Office (PAO). It shall be the duty of the free legal
assistance unit of the IBP or the PAO thus contacted to
immediately visit the person(s) detained and provide him
Page 6
or her with legal assistance. These rights cannot be waived
except in writing and in the presence of the counsel of
choice; (b) informed of the cause or causes of his detention
in the presence of his legal counsel; (c) allowed to
communicate freely with his legal counsel and to confer
with them at any time without restriction; (d) allowed to
communicate freely and privately without restrictions with
the members of his family or with his nearest relatives and
to be visited by them; and, (e) allowed freely to avail of the
service of a physician or physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee. -
Any police or law enforcement personnel, or any personnel
of the police or other law enforcement custodial unit that
violates any of the aforesaid rights of a person charged
with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall be guilty of an
offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
Unless the police or law enforcement personnel who
violated the rights of a detainee or detainees as stated
above is duly identified, the same penalty shall be imposed
on the police officer or hear or leader of the law
enforcement unit having custody of the detainee at the
time the violation was done.
SEC. 23. Requirement for an Official Custodial Logbook and
its Contents. - The police or other law enforcement
custodial unit in whose care and control the person
charged with or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism has been placed
under custodial arrest and detention shall keep a securely
and orderly maintained official logbook, which is hereby
declared as a public document and opened to and made
available for .the inspection and scrutiny of the lawyer or
lawyers of the person under custody or any member of his
or her family or relative by consanguinity or affinity within
the fourth civil degree or his or her physician at any time of
the day or night without any form of restriction. The
logbook shall contain a clear and concise record of: (a) the
name, description, and address of the detained person; (b)
the date and exact time of his initial admission for
custodial arrest and detention; (c) the name and address of
the physician or physicians who examined him physically
and medically; (d) the state of his health and physical
condition at the time of his initial admission for custodial
detention; (e) the date and time of each removal of the
detained person from his cell for interrogation or for any
purpose; (f) the date and time of his return to his cell; (g)
the name and address of the physician or physicians who
physically and medically examined him after each
interrogation; (h) a summary of the physical and medical
findings on the detained person after each of such
interrogation; (i) the names and addresses of his family
members and nearest relatives, if any and if available; (j)
the names and addresses of persons, who visit the
detained person; (k) the date and time of each of such
visits; (1) the date and time of each request of the detained
person to communicate and confer with his legal counsel
or counsels; (m) the date and time of each visit, and date
and time of each departure of his legal counsel or counsels;
and, (n) all other important events bearing on and all
relevant details regarding the treatment of the detained
person while under custodial arrest and detention.
The said police or law enforcement custodial unit shall
upon demand of the aforementioned lawyer or lawyers or
members of the family or relatives within the fourth civil
degree of consanguinity or affinity of the person under
Miscellaneous Provisional Remedies
custody or his or her physician issue a certified true copy
of the entries of the logbook relative to the concerned
detained person without delay or restriction or requiring
any fees whatsoever including documentary stamp tax,
notarial fees, and the like. This certified true copy may be
attested by the person who has custody of the logbook or
who allowed the party concerned to scrutinize it at the
time the demand for the certified true copy is made.
The police or other law enforcement custodial unit who
fails to comply with the preceding paragraph to keep an
official logbook shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
SEC. 24. No Torture or Coercion in Investigation and
Interrogation. - No threat, intimidation, or coercion, and no
act which will inflict any form of physical pain or torment,
or mental, moral, or psychological pressure, on the
detained person, which shall vitiate his freewill, shall be
employed in his investigation and interrogation for the
crime of terrorism or the crime of conspiracy to commit
terrorism; otherwise, the evidence obtained from said
detained person resulting from such threat, intimidation,
or coercion, or from such inflicted physical pain or
torment, or mental, moral, or psychological pressure, shall
be, in its entirety, absolutely not admissible and usable as
evidence in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or
hearing.
SEC. 25. Penalty for Threat, Intimidation, Coercion, or
Torture in the Investigation and Interrogation of a
Detained Person. - Any person or persons who use threat,
intimidation, or coercion, or who inflict physical pain or
torment, or mental, moral, or psychological pressure,
which shall vitiate the free-will of a charged or suspected
person under investigation and interrogation for the crime
of terrorism or the crime of conspiracy to commit
terrorism shall be guilty of an offense and shall suffer the
penalty of twelve (12) years and one day to twenty (20)
years of imprisonment.
When death or serious permanent disability of said
detained person occurs as a consequence of the use of such
threat, intimidation, or coercion, or as a consequence of
the infliction on him of such physical pain or torment, or as
a consequence of the infliction on him of such mental,
moral, or psychological pressure, the penalty shall be
twelve (12) years and one day to twenty (20) years of
imprisonment.
SEC. 26. Restriction on Travel. - In cases where evidence of
guilt is not strong, and the person charged with the crime
of terrorism or conspiracy to commit terrorism is entitled
to bail and is granted the same, the court, upon application
by the prosecutor, shall limit the right of travel of the
accused to within the municipality or city where he resides
or where the case is pending, in the interest of national
security and public safety, consistent with Article III,
Section 6 of the Constitution. Travel outside of said
municipality or city, without the authorization of the court,
shall be deemed a violation of the terms and conditions of
his bail, which shall then be forfeited as provided under the
Rules of Court.
He/she may also be placed under house arrest by order of
the court at his or her usual place of residence.
While under house arrest, he or she may not use
telephones, cellphones, e-mails, computers, the internet or
Page 7
other means of communications with people outside the
residence until otherwise ordered by the court.
The restrictions abovementioned shall be terminated upon
the acquittal of the accused or of the dismissal of the case
filed against him or earlier upon the discretion of the court
on motion of the prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank
Deposits, Accounts, and Records. - The provisions of
Republic Act No. 1405 as amended, to the contrary
notwithstanding, the justices of the Court of Appeals
designated as a special court to handle anti-terrorism
cases after satisfying themselves of the existence of
probable cause in a hearing called for that purpose that:
(1) a person charged with or suspected of the crime of
terrorism or, conspiracy to commit terrorism, (2) of a
judicially declared and outlawed terrorist organization,
association, or group of persons; and (3) of a member of
such judicially declared and outlawed organization,
association, or group of persons, may authorize in writing
any police or law enforcement officer and the members of
his/her team duly authorized in writing by the anti-
terrorism council to: (a) examine, or cause the examination
of, the deposits, placements, trust accounts, assets and
records in a bank or financial institution; and (b) gather or
cause the gathering of any relevant information about such
deposits, placements, trust accounts, assets, and records
from a bank or financial institution. The bank or financial
institution concerned, shall not refuse to allow such
examination or to provide the desired information, when
so, ordered by and served with the written order of the
Court of Appeals.
SEC. 28. Application to Examine Bank Deposits, Accounts,
and Records. - The written order of the Court of Appeals
authorizing the examination of bank deposits, placements,
trust accounts, assets, and records: (1) of a person charged
with or suspected of the crime of terrorism or conspiracy
to commit terrorism; (2) of any judicially declared and
outlawed terrorist organization, association, or group of
persons, or (3) of any member of such organization,
association, or group of persons in a bank or financial
institution, and the gathering of any relevant information
about the same from said bank or financial institution,
shall only be granted by the authorizing division of the
Court of Appeals upon an ex parte application to that effect
of a police or of a law enforcement official who has been
duly authorized in writing to file such ex parte application
by the Anti-Terrorism Council created in Section 53 of this
Act to file such ex parte application, and upon examination
under oath or affirmation of the applicant and, the
witnesses he may produce to establish the facts that will
justify the need and urgency of examining and freezing the
bank deposits, placements, trust accounts, assets, and
records: (1) of the person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism; (2)
of a judicially declared and outlawed terrorist
organization, association or group of persons; or (3) of any
member of such organization, association, or group of
persons.
SEC. 29. Classification and Contents of the Court Order
Authorizing the Examination of Bank Deposits, Accounts,
and Records. - The written order granted by the
authorizing division of the Court of Appeals as well as its
order, if any, to extend or renew the same, the original ex
parte application of the applicant, including his ex parte
application to extend or renew, if any, and the written
authorizations of the Anti-Terrorism Council, shall be
Miscellaneous Provisional Remedies
deemed and are hereby declared as classified information:
Provided, That the person whose bank deposits,
placements, trust accounts, assets, and records have been
examined, frozen, sequestered and seized by law
enforcement authorities has the right to be informed of the
acts done by the law enforcement authorities in the
premises or to challenge, if he or she intends to do so, the
legality of the interference. The written order of the
authorizing division of the Court of Appeals designated to
handle cases involving terrorism shall specify: (a) the
identify of the said: (1) person charged with or suspected
of the crime of terrorism or conspiracy to commit
terrorism; (2) judicially declared and outlawed terrorist
organization, association, or group of persons; and (3)
member of such judicially declared and outlawed
organization, association, or group of persons, as the case
may be. whose deposits, placements, trust accounts, assets,
and records are to be examined or the information to be
gathered; (b) the identity of the bank or financial
Institution where such deposits, placements, trust
accounts, assets, and records are held and maintained; (c)
the identity of the persons who will conduct the said
examination and the gathering of the desired information;
and, (d) the length of time the authorization shall be
carried out.
SEC. 30. Effective Period of Court Authorization to Examine
and Obtain Information on Bank Deposits, Accounts, and
Records. - The authorization issued or granted by the
authorizing division of the Court of Appeals to examine or
cause the examination of and to freeze bank deposits,
placements, trust accounts, assets, and records, or to
gather information about the same, shall be effective for
the length of time specified in the written order of the
authorizing division of the Court of Appeals, which shall
not exceed a period of thirty (30) days from the date of
receipt of the written order of the authorizing division of
the Court of Appeals by the applicant police or law
enforcement official.
The authorizing division of the Court of Appeals may
extend or renew the said authorization for another period,
which shall not exceed thirty (30) days renewable to
another thirty (30) days from the expiration of the original
period: Provided, That the authorizing division of the Court
of Appeals is satisfied that such extension or renewal is in
the public interest: and, Provided, further, That the
application for extension or renewal, which must be filed
by the original applicant, has been duly authorized in
writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is
physically disabled to file the application for extension or
renewal, the one next in rank to the original applicant
among the members of the ream named in the original
written order of the authorizing division of the Court of
Appeals shall file the application for extension or renewal:
Provided, That, without prejudice to the liability of the
police or law enforcement personnel under Section 19
hereof, the applicant police or law enforcement official
shall have thirty (30) days after the termination of the
period granted by the Court of Appeals as provided in the
preceding paragraphs within which to file the appropriate
case before the Public Prosecutor's Office for any violation
of this Act.
If no case is filed within the thirty (30)-day period, the
applicant police or law enforcement official shall
immediately notify in writing the person subject of the
bank examination and freezing of bank deposits,
Page 8
placements, trust accounts, assets and records. The penalty
of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police
or law enforcement official who fails to notify in writing
the person subject of the bank examination and freezing of
bank deposits, placements, trust accounts, assets and
records.
Any person, law enforcement official or judicial authority
who violates his duty to notify in writing as defined above
shall suffer the penalty of six years and one day to eight
years of imprisonment.
SEC. 31. Custody of Bank Data and Information Obtained
after Examination of Deposits, Placements, Trust Accounts,
Assets and Records. - All information, data, excerpts,
summaries, notes, memoranda, working sheets, reports,
and other documents obtained from the examination of the
bank deposits, placements, trust accounts, assets and
records of: (1) a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed terrorist
organization, association, or group of persons; or (3) a
member of any such organization, association, or group of
persons shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the
authorizing division of the Court of Appeals or within
forty-eight (48) hours after the expiration of the extension
or renewal granted by the authorizing division of the Court
of Appeals, be deposited with the authorizing division of
the Court of Appeals in a sealed envelope or sealed
package, as the case may be, and shall be accompanied by a
joint affidavit of the applicant police or law enforcement
official and the persons who actually conducted the
examination of said bank deposits, placements, trust
accounts, assets and records.
SEC. 32. Contents of Joint Affidavit. - The joint affidavit
shall state: (a) the identifying marks, numbers, or symbols
of the deposits, placements, trust accounts, assets, and
records examined; (b) the identity and address of the bank
or financial institution where such deposits, placements,
trust accounts, assets, and records are held and
maintained; (c) the number of bank deposits, placements,
trust accounts, assets, and records discovered, examined,
and frozen; (d) the outstanding balances of each of such
deposits, placements, trust accounts, assets; (e) all
information, data, excerpts, summaries, notes, memoranda,
working sheets, reports, documents, records examined and
placed in the sealed envelope or sealed package deposited
with the authorizing division of the Court of Appeals; (f)
the date of the original written authorization granted by
the Anti-Terrorism Council to the applicant to file the ex
parte Application to conduct the examination of the said
bank deposits, placements, trust accounts, assets and
records, as well as the date of any extension or renewal of
the original written authorization granted by the
authorizing division of the Court of Appeals; and (g) that
the items Enumerated were all that were found in the bank
or financial institution examined at the time of the
completion of the examination.
The joint affidavit shall also certify under oath that no
duplicates or copies of the information, data, excerpts,
summaries, notes, memoranda, working sheets, reports,
and documents acquired from the examination of the bank
deposits, placements, trust accounts, assets and records
have been made, or, if made, that all such duplicates and
copies are placed in the sealed envelope or sealed package
deposited with the authorizing division of the Court of
Miscellaneous Provisional Remedies
Appeals.
It shall be unlawful for any person, police officer or
custodian of the bank data and information obtained after
examination of deposits, placements, trust accounts, assets
and records to copy, to remove, delete, expunge, incinerate,
shred or destroy in any manner the items enumerated
above in whole or in part under any pretext whatsoever,
Any person who copies, removes, deletes, expunges,
incinerates, shreds or destroys the items enumerated
above shall suffer a penalty of not less than six years and
one day to twelve (12) years of imprisonment.
SEC. 33. Disposition of Bank Materials. - The sealed
envelope or sealed package and the contents thereof,
which are deposited with the authorizing division of the
Court of Appeals, shall be deemed and are hereby declared
classified information and the sealed envelope or sealed
package shall not be opened and its contents shall not be
divulged, revealed, read, or used as evidence unless
authorized in a written order of the authorizing division of
the Court of Appeals, which written order shall be granted
only upon a written application of the Department of
Justice filed before the authorizing division of the Court of
Appeals and only upon a showing that the Department of
Justice has been duly authorized in writing by the Anti-
Terrorism Council to file the application, with notice in
writing to the party concerned not later than three days
before the scheduled opening, to open, reveal, divulge, and
use the contents of the sealed envelope or sealed package
as evidence.
Any person, law enforcement official or judicial authority
who violates his duty to notify in writing as defined above
shall suffer the penalty of six years and one day to eight
years of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. -
The written application, with notice in writing to the party
concerned not later than three days of the scheduled
opening, to open the sealed envelope or sealed package
shall clearly state the purpose and reason: (a) for opening
the sealed envelope or sealed package; (b) for revealing
and disclosing its classified contents; and, (c) for using the
classified information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents as
evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. -
Any information, data, excerpts, summaries, notes,
memoranda, work sheets, reports, or documents acquired
from the examination of the bank deposits, placements,
trust accounts, assets and records of: (1) a person charged
or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared
and outlawed terrorist organization, association, or group
of persons; or (3) a member of such organization,
association, or group of persons, which have been secured
in violation of the provisions of this Act, shall absolutely
not be admissible and usable as evidence against anybody
in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious
Examination of a Bank or a Financial Institution. - Any
person, police or law enforcement personnel who
examines the deposits, placements, trust accounts, assets,
or records in a bank or financial institution of: (1) a person
charged with or suspected of the crime of terrorism or the
Page 9
crime of conspiracy to commit terrorism; (2) a judicially
declared and outlawed terrorist organization, association,
or group of persons; or (3) a member of such organization,
association, or group of persons, without being authorized
to do so by the Court of Appeals, shall be guilty of an
offense and shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of ten (10)
years and one day to twelve (12) years of imprisonment
shall be imposed upon any police or law enforcement
personnel, who maliciously obtained an authority from the
Court of Appeals to examine the deposits, placements,
trust accounts, assets, or records in a bank or financial
institution of: (1) a person charged with or suspected of
the crime of terrorism or conspiracy to commit terrorism;
(2) a judicially declared and outlawed terrorist
organization, association, or group of persons; or (3) a
member of such organization, association, or group of
persons: Provided, That notwithstanding Section 33 of this
Act, the party aggrieved by such authorization shall upon
motion duly filed be allowed access to the sealed envelope
or sealed package and the contents thereof as evidence for
the prosecution of any police or law enforcement
personnel who maliciously procured said authorization.
SEC. 37. Penalty of Bank Officials and Employees Defying a
Court Authorization. - An employee, official, or a member
of the board of directors of a bank or financial institution,
who refuses to allow the examination of the deposits,
placements, trust accounts, assets, and records of: (1) a
person charged with or suspected of the crime of terrorism
or the crime of conspiracy to commit terrorism; (2) a
judicially declared and outlawed organization, association,
or group of persons; or (3) a member of such judicially
declared and outlawed organization, association, or group
of persons in said bank or financial institution, when duly
served with the written order of the authorizing division of
the Court of Appeals, shall be guilty of an offense and shall
suffer the penalty of ten (10) years and one day to twelve
(12) years of imprisonment.
SEC. 38. Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits. - Any
false or untruthful statement or misrepresentation of
material fact in the joint affidavits required respectively in
Section 12 and Section 32 of this Act shall constitute a
criminal offense and the affiants shall suffer individually
the penalty of ten (10) years and one day to twelve (12)
years of imprisonment.
SEC. 39. Seizure and Sequestration. - The deposits and
their outstanding balances, placements, trust accounts,
assets, and records in any bank or financial institution,
moneys, businesses, transportation and communication
equipment, supplies and other implements, and property
of whatever kind and nature belonging: (1) to any person
suspected of or charged before a competent Regional Trial
Court for the crime of terrorism or the crime of conspiracy
to commit terrorism; (2) to a judicially declared and
outlawed organization, association, or group of persons; or
(3) to a member of such organization, association, or group
of persons shall be seized, sequestered, and frozen in order
to prevent their use, transfer, or conveyance for purposes
that are inimical to the safety and security of the people or
injurious to the interest of the State.
The accused or a person suspected of may withdraw such
sums as may be reasonably needed by the monthly needs
Miscellaneous Provisional Remedies
of his family including the services of his or her counsel
and his or her family's medical needs upon approval of the
court. He or she may also use any of his property that is
under seizure or sequestration or frozen because of
his/her indictment as a terrorist upon permission of the
court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of
the proper division of the Court of Appeals to allow the
person accused of the crime of terrorism or of the crime of
conspiracy to commit terrorism to withdraw such sums
from sequestered or frozen deposits, placements, trust
accounts, assets and records as may be necessary for the
regular sustenance of his/her family or to use any of
his/her property that has been seized, sequestered or
frozen for legitimate purposes while his/her case is
pending shall suffer the penalty of ten (10) years and one
day to twelve (12) years of imprisonment.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records.
- The seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records belonging
to a person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism shall be
deemed as property held in trust by the bank or financial
institution for such person and the government during the
pendency of the investigation of the person suspected of or
during the pendency of the trial of the person charged with
any of the said crimes, as the case may be and their use or
disposition while the case is pending shall be subject to the
approval of the court before which the case or cases are
pending.
SEC. 41. Disposition of the Seized, Sequestered and Frozen
Bank Deposits, Placements, Trust Accounts, Assets and
Record. - If the person suspected of or charged with the
crime of terrorism or conspiracy to commit terrorism is
found, after his investigation, to be innocent by the
investigating body, or is acquitted, after his arraignment or
his case is dismissed before his arraignment by a
competent court, the seizure, sequestration and freezing of
his bank deposits, placements, trust accounts, assets and
records shall forthwith be deemed lifted by the
investigating body or by the competent court, as the case
may be, and his bank deposits, placements, trust accounts,
assets and records shall be deemed released from such
seizure, sequestration and freezing, and shall be restored
to him without any delay by the bank or financial
institution concerned without any further action on his
part. The filing of any appeal on motion for reconsideration
shall not state the release of said funds from seizure,
sequestration and freezing.
If the person charged with the crime of terrorism or
conspiracy to commit terrorism is convicted by a final
judgment of a competent trial court, his seized,
sequestered and frozen bank deposits, placements, trust
accounts, assets and records shall be automatically
forfeited in favor of the government.
Upon his or her acquittal or the dismissal of the charges
against him or her, the amount of Five hundred thousand
pesos (P500.000.00) a day for the period in which his
properties, assets or funds were seized shall be paid to him
on the concept of liquidated damages. The amount shall be
taken from the appropriations of the police or law
enforcement agency that caused the filing of the
enumerated charges against him/her.
Page 10
SEC. 42. Penalty for Unjustified Refusal to Restore or Delay
in Restoring Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records.
- Any person who unjustifiably refuses to restore or delays
the restoration of seized, sequestered and frozen bank
deposits, placements, trust accounts, assets and records of
a person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism after such
suspected person has been found innocent by the
investigating body or after the case against such charged
person has been dismissed or after he is acquitted by a
competent court shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
SEC. 43. Penalty for the Loss, Misuse, Diversion or
Dissipation of Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records.
- Any person who is responsible for the loss, misuse,
diversion, or dissipation of the whole or any part of the
seized, sequestered and frozen bank deposits, placements,
trust accounts, assets and records of a person suspected of
or charged with the crime of terrorism or conspiracy to
commit terrorism shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
SEC. 44. Infidelity in the Custody of Detained Persons. - Any
public officer who has direct custody of a detained person
or under the provisions of this Act and who by his
deliberate act, misconduct, or inexcusable negligence
causes or allows the escape of such detained person shall
be guilty of an offense and shall suffer the penalty of: (a)
twelve (12) years and one day to twenty (20) years of
imprisonment, if the detained person has already been
convicted and sentenced in a final judgment of a
competent court; and (b) six years and one day to twelve
(12) years of imprisonment, if the detained person has not
been convicted and sentenced in a final judgment of a
competent court.
SEC. 45. Immunity and Protection of Government
Witnesses. - The provisions of Republic Act No. 6981
(Witness Protection, Security and Benefits Act) to the
contrary notwithstanding, the immunity of government
witnesses testifying under this Act shall be governed by
Sections 17 and 18 of Rule 119 of the Rules of Court:
Provided, however, That said witnesses shall be entitled to
benefits granted to witnesses under said Republic Act
No.6981.
SEC. 46. Penalty for Unauthorized Revelation of Classified
Materials. - The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be imposed upon
any person, police or law enforcement agent, judicial
officer or civil servant who, not being authorized by the
Court of Appeals to do so, reveals in any manner or form
any classified information under this Act.
SEC. 47. Penalty for Furnishing False Evidence, Forged
Document, or Spurious Evidence. - The penalty of twelve
(12) years and one day to twenty (20) years of
imprisonment shall be imposed upon any person who
knowingly furnishes false testimony, forged document or
spurious evidence in any investigation or hearing under
this Act.
SEC. 48. Continuous Trial. - In cases of terrorism or
conspiracy to commit terrorism, the judge shall set the
continuous trial on a daily basis from Monday to Friday or
other short-term trial calendar so as to ensure speedy trial.
Miscellaneous Provisional Remedies
SEC. 49. Prosecution Under This Act Shall be a Bar to
Another Prosecution under the Revised Penal Code or any
Special Penal Laws. - When a person has been prosecuted
under a provision of this Act, upon a valid complaint or
information or other formal charge sufficient in form and
substance to sustain a conviction and after the accused had
pleaded to the charge, the acquittal of the accused or the
dismissal of the case shall be a bar to another prosecution
for any offense or felony which is necessarily included in
the offense charged under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. -
Upon acquittal, any person who is accused of terrorism
shall be entitled to the payment of damages in the amount
of Five hundred thousand pesos (P500,000.00) for every
day that he or she has been detained or deprived of liberty
or arrested without a warrant as a result of such an
accusation. The amount of damages shall be automatically
charged against the appropriations of the police agency or
the Anti-Terrorism Council that brought or sanctioned the
filing of the charges against the accused. It shall also be
released within fifteen (15) days from the date of the
acquittal of the accused. The award of damages mentioned
above shall be without prejudice to the right of the
acquitted accused to file criminal or administrative charges
against those responsible for charging him with the case of
terrorism.
Any officer, employee, personnel, or person who delays the
release or refuses to release the amounts awarded to the
individual acquitted of the crime of terrorism as directed in
the paragraph immediately preceding shall suffer the
penalty of six months of imprisonment.
If the deductions are less than the amounts due to the
detained persons, the amount needed to complete the
compensation shall be taken from the current
appropriations for intelligence, emergency, social or other
funds of the Office of the President.
In the event that the amount cannot be covered by the
current budget of the police or law enforcement agency
concerned, the amount shall be automatically included in
the appropriations of the said agency for the coming year.
SEC. 51. Duty to Record and Report the Name and Address
of the Informant. - The police or law enforcement officers
to whom the name or a suspect in the crime of terrorism
was first revealed shall record the real name and the
specific address of the informant.
The police or law enforcement officials concerned shall
report the informant's name and address to their superior
officer who shall transmit the information to the
Congressional Oversight Committee or to the proper court
within five days after the suspect was placed under arrest
or his properties were sequestered, seized or frozen.
The name and address of the informant shall be considered
confidential and shall not be unnecessarily revealed until
after the proceedings against the suspect shall have been
terminated.
SEC. 52. Applicability of the Revised Penal Code. - The
provisions of Book I of the Revised Penal Code shall be
applicable to this Act.
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism
Council, hereinafter referred to, for brevity, as the
Page 11
"Council," is hereby created. The members of the Council
are: (1) the Executive Secretary, who shall be its
Chairperson; (2) the Secretary of Justice, who shall be its
Vice Chairperson; and (3) the Secretary of Foreign Affairs;
(4) the Secretary of National Defense; (5) the Secretary of
the Interior and Local Government; (6) the Secretary of
Finance; and (7) the National Security Advisor, as its other
members.
The Council shall implement this Act and assume the
responsibility for the proper and effective implementation
of the anti-terrorism policy of the country. The Council
shall keep records of its proceedings and decisions. All
records of the Council shall be subject to such security
classifications as the Council may, in its judgment and
discretion, decide to adopt to safeguard the safety of the
people, the security of the Republic, and the welfare of the
nation.
The National Intelligence Coordinating Agency shall be the
Secretariat of the Council. The Council shall define the
powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The
National Bureau of Investigation, the Bureau of
Immigration, the Office of Civil Defense, the Intelligence
Service of the Armed Forces of the Philippines, the Anti-
Money Laundering Council, the Philippine Center on
Transnational Crime, and the Philippine National Police
intelligence and investigative elements shall serve as
support agencies for the Council.
The Council shall formulate and adopt comprehensive,
adequate, efficient, and effective anti-terrorism plans,
programs, and counter-measures to suppress and
eradicate terrorism in the country and to protect the
people from acts of terrorism. Nothing herein shall be
interpreted to empower the Anti-Terrorism Council to
exercise any judicial or quasi-judicial power or authority.
SEC. 54. Functions of the Council. - In pursuit of its
mandate in the previous Section, the Council shall have the
following functions with due regard for the rights of the
people as mandated by the Constitution and pertinent
laws:
1. Formulate and adopt plans, programs and counter-
measures against terrorists and acts of terrorism in the
country;
2. Coordinate all national efforts to suppress and eradicate
acts of terrorism in the country and mobilize the entire
nation against terrorism prescribed in this Act;
3. Direct the speedy investigation and prosecution of all
persons accused or detained for the crime of terrorism or
conspiracy to commit terrorism and other offenses
punishable under this Act, and monitor the progress of
their cases;
4. Establish and maintain comprehensive data-base
information system on terrorism, terrorist activities, and
counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements,
trust accounts, assets and records belonging to a person
suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism, pursuant to Republic Act
No. 9160, otherwise known as the Anti-Money Laundering
Act of 2001, as amended;
Miscellaneous Provisional Remedies
6. Grant monetary rewards and other incentives to
informers who give vital information leading to the
apprehension, arrest, detention, prosecution, and
conviction of person or persons who are liable for the
crime of terrorism or conspiracy to commit terrorism;
7. Establish and maintain coordination with and the
cooperation and assistance of other nations in the struggle
against international terrorism; and
8. Request the Supreme Court to designate specific
divisions of the Court of Appeals and Regional Trial Courts
in Manila, Cebu City and Cagayan de Oro City, as the case
may be, to handle all cases involving the crime of terrorism
or conspiracy to commit terrorism and all matters incident
to said crimes. The Secretary of Justice shall assign a team
of prosecutors from: (a) Luzon to handle terrorism cases
filed in the Regional Trial Court in Manila; (b) from the
Visayas to handle cases filed in Cebu City; and (c) from
Mindanao to handle cases filed in Cagayan de Oro City.
SEC. 55. Role of the Commission on Human Rights. - The
Commission on Human Rights shall give the highest
priority to the investigation and prosecution of violations
of civil and political rights of persons in relation to the
implementation of this Act; and for this purpose, the
Commission shall have the concurrent jurisdiction to
prosecute public officials, law enforcers, and other persons
who may have violated the civil and political rights of
persons suspected of, or detained for the crime of
terrorism or conspiracy to commit terrorism.
SEC. 56. Creation of a Grievance Committee. - There is
hereby created a Grievance Committee composed of the
Ombudsman, as chair, and the Solicitor General, and an
undersecretary from the Department of Justice (DOJ), as
members, to receive and evaluate complaints against the
actuations of the police and law enforcement officials in
the implementation of this Act. The Committee shall hold
office in Manila. The Committee shall have three
subcommittees that will be respectively headed by the
Deputy Ombudsmen in Luzon, the Visayas and Mindanao.
The subcommittees shall respectively hold office at the
Offices of Deputy Ombudsman. Three Assistant Solicitors
General designated by the Solicitor General, and the
regional prosecutors of the DOJ assigned to the regions
where the Deputy Ombudsmen hold office shall be
members thereof. The three subcommittees shall assist the
Grievance Committee in receiving, investigating and
evaluating complaints against the police and other law
enforcement officers in the implementation of this Act. If
the evidence warrants it, they may file the appropriate
cases against the erring police and law enforcement
officers. Unless seasonably disowned or denounced by the
complainants, decisions or judgments in the said cases
shall preclude the filing of other cases based on the same
cause or causes of action as those that were filed with the
Grievance Committee or its branches.
SEC. 57. Ban on Extraordinary Rendition. - No person
suspected or convicted of the crime of terrorism shall be
subjected to extraordinary rendition to any country unless
his or her testimony is needed for terrorist related police
investigations or judicial trials in the said country and
unless his or her human rights, including the right against
torture, and right to counsel, are officially assured by the
requesting country and transmitted accordingly and
approved by the Department of Justice.
Page 12
SEC. 58. Extra-Territorial Application of this Act. - Subject
to the provision of an existing treaty of which the
Philippines is a signatory and to any contrary provision of
any law of preferential application, the provisions of this
Act shall apply: (1) to individual persons who commit any
of the crimes defined and punished in this Act within the
terrestrial domain, interior waters, maritime zone, and
airspace of the Philippines; (2) to individual persons who,
although physically outside the territorial limits of the
Philippines, commit, conspire or plot to commit any of the
crimes defined and punished in this Act inside the
territorial limits of the Philippines; (3) to individual
persons who, although physically outside the territorial
limits of the Philippines, commit any of the said crimes on
board Philippine ship or Philippine airship; (4) to
individual persons who commit any of said crimes within
any embassy, consulate, or diplomatic premises belonging
to or occupied by the Philippine government in an official
capacity; (5) to individual persons who, although
physically outside the territorial limits of the Philippines,
commit said crimes against Philippine citizens or persons
of Philippines descent, where their citizenship or ethnicity
was a factor in the commission of the crime; and (6) to
individual persons who, although physically outside the
territorial limits of the Philippines, commit said crimes
directly against the Philippine government.
SEC. 59. Joint Oversight Committee. - There is hereby
created a Joint Oversight Committee to oversee the
implementation of this Act. The Oversight Committee shall
be composed of five members each from the Senate and
the House in addition to the Chairs of the Committees of
Public Order of both Houses who shall also Chair the
Oversight Committee in the order specified herein. The
membership of the Committee for every House shall at
least have two opposition or minority members. The Joint
Oversight Committee shall have its own independent
counsel. The Chair of the Committee shall rotate every six
months with the Senate chairing it for the first six months
and the House for the next six months. In every case, the
ranking opposition or minority member of the Committee
shall be the Vice Chair. Upon the expiration of one year
after this Act is approved by the President, the Committee
shall review the Act particularly the provision that
authorize the surveillance of suspects of or persons
charged with the crime of terrorism. To that end, the
Committee shall summon the police and law enforcement
officers and the members of the Anti-Terrorism Council
and require them to answer questions from the members
of Congress and to submit a written report of the acts they
have done in the implementation of the law including the
manner in which the persons suspected of or charged with
the crime of terrorism have been dealt with in their
custody and from the date when the movements of the
latter were subjected to surveillance and his or her
correspondences, messages, conversations and the like
were listened to or subjected to monitoring, recording and
tapping. Without prejudice to its submitting other reports,
the Committee shall render a semiannual report to both
Houses of Congress. The report may include where
necessary a recommendation to reassess the effects of
globalization on terrorist activities on the people, provide a
sunset clause to or amend any portion of the Act or to
repeal the Act in its entirety. The courts dealing with anti-
terrorism cases shall submit to Congress and the President
a report every six months of the status of anti-terrorism
cases that have been filed with them starting from the date
this Act is implemented.
SEC. 60. Separability Clause. - If for any reason any part or
Miscellaneous Provisional Remedies
provision of this Act is declared unconstitutional or invalid,
the other parts or provisions hereof which are not affected
thereby shall remain and continue to be in full force and
effect.
SEC. 61. Repealing Clause. - All laws, decrees, executive
orders, rules or regulations or parts thereof, inconsistent
with the provisions of this Act are hereby repealed,
amended, or modified accordingly.
SEC. 62. Special Effectivity Clause. - After the bill shall have
been signed into law by the President, the Act shall be
published in three newspapers of national circulation;
three newspapers of local circulation, one each in llocos
Norte, Baguio City and Pampanga; three newspapers of
local circulation, one each in Cebu, lloilo and Tacloban; and
three newspapers of local circulation, one each in Cagayan
de Oro, Davao and General Santos city.
The title of the Act and its provisions defining the acts of
terrorism that are punished shall be aired everyday at
primetime for seven days, morning, noon and night over
three national television and radio networks; three radio
and television networks, one each in Cebu, Tacloban and
lloilo; and in five radio and television networks, one each
in Lanao del Sur, Cagayan de Oro, Davao City, Cotabato City
and Zamboanga City. The publication in the newspapers of
local circulation and the announcements over local radio
and television networks shall be done in the dominant
language of the community. After the publication required
above shall have been done, the Act shall take effect two
months after the elections are held in May 2007.
Thereafter, the provisions of this Act shall be automatically
suspended one month before and two months as after the
holding of any election.
A.M. No. 00-8-10-SC December 2, 2008
RULES OF PROCEDURE ON CORPORATE
REHABILITATION
RESOLUTION
Acting on the recommendation of the Subcommittee on
Special Rules for Special Commercial Courts, submitting for
the consideration and approval of the Court the Resolved
to APPROVED the same.
The Rule shall take effect on January 16, 2009 following its
publication in two (2) newspapers of general circulation.
December 2, 2008
RULES OF PROCEDURE ON CORPORATE REHABILITATION
(2008)
RULE 1
COVERAGE
Section 1. Scope - These Rules shall apply to petitions for
rehabilitation of corporations, partnerships and
associations pursuant to Presidential Decree No. 902-A, as
amended.
Section 2. Applicability to Rehabilitation Cases Transferred
from the Securities and Exchange Commission. - Cases for
rehabilitation transferred from Securities Exchange
Commission to the Regional Trial Court pursuant to
Republic Act No. 8799, otherwise known as The Securities
Page 13
Regulation Code, shall likewise be governed by these Rules.
RULE 2
DEFINITION OF TERMS AND CONSTRUCTION
Section 1. Definition of Terms. - For purpose of these Rules:
"Administrative Expenses" shall refer to (a) reasonable and
necessary expenses that are incurred in connection with
the filing of the petition; (b) expenses incurred in the
ordinary course of business after the issuance of the stay
order, excluding interest payable to the creditors for loans
and credit accommodations existing at the time of the
issuance of the stay order, and (c) other expenses that are
authorized under this Rules.
"Affidavit of General Financial Condition" shall refer to a
verified statement on the general financial condition of the
debtor requiredin Section 2, Rule 4 of these Rules.
"Affiliate" is a corporation that directly or indirectly,
through one or more intermediaries, is controlled by, or is
under the common control of another corporation, which
thereby becomes its parent corporation.
"Asset" is anything of value that can be in the form of
money, such as cash at the bank or amounts owed; fixed
assets such as property or equipment; or intangibles
including intellectual property, the book value of which is
shown in the last three audited financial statement
immediately preceding the filing of the petition, In case the
debtor is less than three years in operation, it is sufficient
that the book value is based on the audited financial
statement\s for the years or year immediately preceding
the filing of petition, as the case may be.
"Board of Directors" shall include the executive committee
or the management of partnership or association
"Claim" shall include all claims or demands of whatever
nature or charter against a debtor or its property, whether
for money or otherwise
"Control" is the power of a parent corporation to direct or
govern the financial and operating policies of an enterprise
so as to obtain benefits from its activities. Control is
presumed to exit when the parent owns, directly or
indirectly though subsidiaries, more than one - half () of
the voting power of the voting power of an enterprise
unless, unless, in exception circumstances, it can clearly be
demonstrated that such own ship does not constitute
control. Control also exits even when the parents owns
one-half (1/2) or less of the voting power of an enterprise
when there is power.
(A) Over more than one-half () of agreement with
investors;
(B) To direct or govern the financial and operating policies
of the enterprise under a statute or agreement;
(C) To appoint or remove the majority of the member of
the board of directors or equivalent governing body; or
(D) To cast the majority votes at meeting of the board of
directors or equivalent governing body.
"Creditor" shall mean any holder or a Chain
Miscellaneous Provisional Remedies
"Court" shall refer to the proper Regional Trial Court
designated to hear and decide the cases contemplated
contemplated under these Rules.
"Days" shall refer to calendar days unless otherwise
provided in these Rules.
"Debtor" shall mean any corporation, partnership or
association or a group of companies, whether supervised
or regulated by the Securities and Exchange Commission
or other government agencies, on whose behalf a petition
for rehabilitation has been filed under these rules.
"Foreign count" means a judicial or other authority
competent to control or supervise a foreign proceeding.
"Foreign proceeding" means a collective judicial or
administrative proceeding in a foreign State, interim
proceeding, pursuant to a law re solvency in which
proceeding the assets and affairs of the debtor are subject
to control or supervision by a foreign count, for the
purpose of rehabilitation or re-organization
"Foreign Representative" means person or entity, including
one appointed on an interim basis, authorized in a foreign
proceeding to administer the reorganization or
rehabilitation of the debtor or act as a representative of the
foreign proceeding.
"Group of companies" refers to, and can cover only,
corporation that are financially refers to, and can cover
only, corporations that are financially rated to one another
as parent corporation, subsidiaries and affiliates.
When the petition covers a group of companies, all
reference under these Rules to "debtor" shall include and
apply include and apply to the group of companies.
"Liabilities" shall refer to monetary claims against the
debtor, including stockholders advances that have been
recoded in the debtor's audited financial statements as
advances for subscription.
"Parent" is a corporation directly or indirectly though one
or more intermediaries.
"Rehabilitation" shall mean the restoration of the debtor to
a position of successful operation and solvency, if it is
shown that its continuance of operation is economically
feasible and its creditors can recover by way of the present
value of payments projected in the plan more if the
corporation continues as a going concern than if it
immediately liquidated.
"Secured claim" shall refer to any clan whose payment or
fulfillment is secured by contract or by law, including any
clam or credit enumerated under Articles 2241 and 2242
of the civil Code and Article 110, as amended, of the Labor
code of the Philippines.
"Subsidiary" mean a corporation more than fifty percent
(50%) of the voting stock of which is owned or controlled
directly or indirectly though one or more intermediaries by
another corporation
"Unsecured clan" shall mean any clan other than a seared
claim.
Page 14

Section 2. Construction - These Rules shall be liberally
construed to carry out the objectives of Section 5(d), 6(d)
and 6(d) of Presidential Decree No. 902-A, as amended,
and to assist the parties in obtaining a jut, expeditious and
inexpensive determination of case. Where applicable, the
Rules of Court shall apply supplementary to proceedings
under these Rules.
RULES 3
GENERAL PROVISONS
Section 1. Nature of Proceeding - Any proceeding initiated
under these Rules shall be considered in rem. Jurisdiction
over all persons affected by the proceeding shall be
considered as acquired upon publication of the notice of
the commencement of the proceedings in any newspaper
or general circulation in the Philippines in the manner
prescribed by these rules.
The proceedings shall also be summary and non-
adversarial in nature. The following pleading are
prohibited:
(a) Motion to dismiss;
(b) Motion for a bill of particulars:
(c) Petition for relief;
(d) Motion for extension;
(e) Motion for postponement
(f) Third-party complaint;
(g) Intervention;
(h) Motion to hear affirmative defenses; and
(I) Any pleading or motion which is similar to or of like
effect as any of the foregoing.
Any pleading, motion, opposition, defense or claim filed by
any interested party shall be supported by verified
statements that the affiant has read same and that the
factual allegations therein are true and correct of his
personal knowledge or based on authentic records, and
correct of his personal knowledge or based on authentic
records, and shall contain as annexes such documents as
may be deemed by the party court may be decide matters
on the basis of affidavits and other documentary evidence.
Where necessary, the court shall conduct clarificatory
hearings before resolving any matter submitted to it for
resolution.
Section 2. Venue. - Petitions for rehabilitation pursuant to
these Rules shall be filed in the regional trial court which
has jurisdiction over the principal office of the debtor as
specified in its articles of incorporation or partnership.
Where the principal office of the corporation, partnership
or association is registered in the Securities and Exchange
Commission as Metro Manila, the action must be filed in
the regional trial court of the city or municipality where
the head office is located.
A joint petition by a group of companies shall be filed in
the Regional Trial Court which has jurisdiction over the
Miscellaneous Provisional Remedies
principal office of the parent company, as specified in its
Articles of Incorporation.
Section 3. Service of Pleadings and Documents. - When so
authorized by the court, any pleading and/or document
required by these Rules may be filed with the court and/or
served upon the other parties by facsimile transmission
(fax) or electronic mail (e-mail). In such cases, the date of
transmission shall be deemed to be the dtae of service.
Where the pleading or document is voluminous, the court
may, upon motion, waive the requirement of service;
provided that a copy thereof together with all its
attachments is duly filed with the court and is made
available for examination and reproduction by any party,
and provided, further, that a notice of such filing and
availability is duly served on the parties.
Section 4. Trade Secrets and Other Confidential
Information. - Upon motion, the court may issue an order
to protect trade secrets or other confidential research,
development or commercial information belonging to the
debtor.
Section 5. Executory Nature of Orders. - Any order issued
by the court under these Rules is immediately executory. A
petition to review the order shall not stay the execution of
the order unless restrained or enjoined by the appellate
court. Unless otherwise provided in these Rules, the
review of any order or decision of the court or an appeal
therefrom shall be in accordance with the Rules of Court;
provided, however, that the reliefs ordered by the trial or
appellate courts shall take into account the need for
resolution of proceedings in a just, equitable and speedy
manner.
Section 6. Nullification of Illegal Transfers and Preferences.
- Upon motion the court may nullify any transfer of
property or any other conveyance, sale, payment or
agreement made in violation of its stay order or in
violation of these Rules.
Section 7. Stay Order. - If the court finds the petition to be
sufficient in form and substance, it shall; not later than five
(5) working days from the filing of the petition, issue an
order: (a) appointing a rehabilitation receive and fixing his
bond; (b) staying enforcement of all claims, whether for
money or otherwise and whether such enforcement is by
court action or otherwise, against the debtor, its
guarantors and persons not solidarily liable with the
debtor; provided, that the stay order shall not cover claims
against letters of credit and similar security arrangements
issued by a third party to secure the payment of the
debtor's obligations; provided, further, that the stay order
shall not cover foreclosure by a creditor of property not
belonging to a debtor under corporate rehabilitation;
provided, however, that where the owner of such property
sought to be foreclosed is also a guarantor or one who is
not solidarily liable, said owner shall be entitled to the
benefit of excussion as such guarantor; (c) prohibiting the
debtor from selling, encumbering, transferring, or
disposing in any manner any of its properties except in the
ordinary course of business; (d) prohibiting the debtor
from making any payment of its liabilities except as
provided in items (e), (f) and (g) of this Section or when
ordered by the court pursuant to Section 10 of Rule 3; (e)
prohibiting the debtor's suppliers of goods or services
from withholding supply of goods and services in the
ordinary course of business for as long as the debtor
makes payments for the services and goods supplied after
the issuance of the stay order; (f) directing the payment in
Page 15
full of all administrative expenses incurred after the (1) The debtor fails or refuses to honor a pre-existing
issuance of the stay order; (g) directing the payment of agreement with the to keep the property insured;
new loans or other forms of credit accommodations
obtained for the rehabilitation of the debtor with prior (2) The debtor fails or refuses to take commercially
court approval; (h) fixing the dates of the initial hearing on reasonable steps to maintain the property; or
the petition not earlier than forty-five (45) days but not
later than sixty (60) days from the filing thereof; (I) (3) The property has depreciated to an extent that the
directing the petitioner to publish the Order in a creditor is undersecured
newspaper of general circulation in the Philippines once a
week for two (2) consecutive weeks; (j) directing the
(c) Upon showing the creditor's lack of adequate
petitioner to furnish a copy of the petition and its annexes,
protection, the court shall order the rehabilitation receiver
as well as the stay order, to the creditors named in the
to (1) make arrangements to provide for the insurance or
petition and the appropriate regulatory agencies such as,
maintenance of the property, or (2) to make payments or
but not limited to, the Securities and Exchange
otherwise provide additional or replacement security such
Commission, the Bangko Sentral ng Pilipinas, the Insurance
as that the obligation is fully secured. If such arrangements
Commission, the National Telecommunications
are not feasible, the court shall modify the stay order to
Commission, the Housing and Land Use Regulatory Board
allow the secured creditor lacking adequate protection to
and the Energy Regulatory Commission; (k) directing the
enforce its claim against the debtor; provided, however,
petitioner that foreign creditors with no known addresses
that the court may deny the creditor the remedies in this
in the Philippines be individually given a copy of the stay
paragraph if such remedies would prevent the
order at their foreign addresses; (l) directing all creditors
continuation of the debtor as a going concern or otherwise
and all interested parties (including the regulatory
prevent the approval and implementation of a
agencies concerned) to file and serve on the debtor a
rehabilitation plan.
verified comment on or opposition to the petition, with
supporting affidavits and documents, not later than fifteen
(15) days before the date of the first initial hearing and Section 11. Qualifications of Rehabilitation Receiver. -
putting them on notice that their failure to do so will bar
them from participating in the proceedings; and (m) (a) In the appointment of the rehabilitation receiver, the
directing the creditors and interested parties to secure following qualifications shall be taken into consideration
from the court copies of the petition and its annexes within by the court:
such time as to enable themselves to file their comment on
or opposition to the petition and to prepare for the initial (1) Expertise and acumen to manage and operate a
hearing of the petition. business similar in size and complexity to that of the
debtor;
The issuance of a stay order does not affect the right to
commence actions or proceedings insofar as it is necessary (2) Knowledge in management, finance and rehabilitation
to preserve a claim against the debtor. of distressed companies;

Section 8. Service of Stay Order on Rehabilitation Receiver.
- The petitioner shall immediately serve a copy of the stay
order on the rehabilitation receiver appointed by the court,
who shall manifest his acceptance or non-acceptance of his
appointment not later than ten (10) days from receipt of
the order.
(3) General familiarity with the rights of creditors in
suspension of payments or rehabilitation and general
understanding of the duties and obligations of a
rehabilitation receiver;
(4) Good moral character, independence and integrity;

Section 9. Period of Stay Order. - The stay order shall be (5) Lack of conflict of interest as defined in this Section;
effective from the date of its issuance until the approval of and
the rehabilitation plan or the dismissal of the petition.
(6) Willingness and ability to file a bond in such amount as
Section 10. Relief from, Modification, or Termination of may be determined by the court.
Stay Order. -
(b) Without limiting the generality of the following, a
(a) The court may, upon motion, terminate, modify, or set rehabilitation receiver may be deemed to have a conflict of
conditions for the continuance of the stay order, or relieve interest if:
a claim from the coverage thereof upon showing that (1)
any of the allegations in the petition, or any of the contents (1) He is creditor or stockholder of the debtor;
of any attachment, or the verification thereof has ceased to
be true; (2) a creditor does not have adequate protection (2) He is engaged in a line of business which competes
over property securing its claims; (3) the debtor's secured with the debtor;
obligation is more than the fair market value of the
property subject of the stay and such property is not
(3) He is, or was within two (2) years from the filing of the
necessary for the rehabilitation of the debtor; or (4) the
petition, a director, officer, or employee or the auditor or
property covered by the stay order is not essential or
accountant of the debtor;
necessary to the rehabilitation and the creditor's failure to
enforce its claim will cause more damage to the creditor
than to the debtor. (4) He is or was within two (2) years from the filing of the
petition, an underwriter of the outstanding securities of
the debtor;
(b) For purposes of this Section, the creditor lacks
adequate protection if it can be shown that:
(5) He is related by consanguinity or affinity within the

Miscellaneous Provisional Remedies Page 16

fourth civil degree to any creditor, stockholder, director, (k) To evaluate the existing assets and liabilities, earnings
officer, employee, or underwriter of the debtor; or and operations of the debtor;

(6) He has any other direct or indirect material interest in (l) To determine and recommend to the court the best way
the debtor or any creditor. to salvage and protect the interests of the creditors,
stockholders and the general public;
Section 12. Powers and Functions of Rehabilitation
Receiver. - The rehabilitation receiver shall not take over (m) To study the rehabilitation plan proposed by the
the management and control of the debtor but shall closely debtor or any rehabilitation plan submitted during the
oversee and monitor the operations of the debtor during proceedings, together with any comments made thereon;
the pendency of the proceedings. For this purpose, the
rehabilitation receiver shall have the powers, duties and (n) To prohibit and report to the court any encumbrance,
functions of a receiver under Presidential Decree No. 902- transfer or disposition of the debtor's property outside of
A, as amended, and the Rules of Court. the ordinary course of business or what is allowed by the
court;
The rehabilitation receiver shall be considered as an officer
of the court. He shall be primarily tasked to study the best (o) To prohibit and report to the court any payments
way to rehabilitate the debtor and to ensure that the value outside of the ordinary course of business;
of the debtor's property is reasonably maintained pending
the determination of whether or not the debtor should be (p) To have unlimited access to the debtor's employees,
rehabilitated, as well as implement the rehabilitation plan premises, books, records and financial documents during
after its approval. Accordingly, he shall have the following business hours;
powers and functions:
(q) To inspect, copy, photocopy or photograph any
(a) To verify the accuracy of the petition, including its document, paper, book, account or letter, whether in the
annexes such as the Schedule of Debts and Liabilities and possession of the debtor or other persons;
the Inventory of Assets submitted in support to the
petition;
(r) To gain entry into any property for the purpose of
inspecting, measuring, surveying or photographing it or
(b) To accept and incorporate, when justified, amendments any designated relevant object or operation thereon;
to the Schedule of Debts and Liabilities;
(s) To take possession, control and custody of the debtor's
(c) To recommend to the court the disallowance of claims assets;
and rejection of amendments t the Schedule of Debts and
Liabilities that lack sufficient proof and justification;
(t) To notify counterparties and the court as to contracts
that the debtor has decided to continue to perform the
(d) To submit to the court and make available for review by breach;
the creditors, a revised Schedule of Debts and Liabilities;
(u) To be notified of and to attend all meetings of the board
(e) To investigate the acts, conduct, properties, liabilities of directors and stockholder of the debtor;
and financial condition of the debtor, the operation of its
business and the desirability of the continuance thereof;
(v) To recommend any modification of an approved
and, any other matter relevant to the proceeding or to the
rehabilitation plan as he may deem appropriate;
formulation of a rehabilitation plan;
(w) To bring to the attention of the court any material
(f) To examine under oath the directors and officers of the
change affecting the debtor's ability to meet the obligations
debtor and any other witnesses that he may deem
under the rehabilitation plan;
appropriate;
(x) To recommend the appointment of a management
(g) To make available to the creditors documents and
committee in the cases provided for under Presidential
notices necessary for them to follow and participate in the
Decree No. 902-A, as amended;
proceedings;
(y) To recommend the termination of the proceedings and
(h) To report to the court any fact ascertained by him
the dissolution of the debtor if he determines that the
pertaining to the causes of the debtor's problems, fraud,
continuance in business of such entity is no longer feasible
preferences, dispositions, encumbrances, misconduct,
or profitable or no longer works to the best interest of the
mismanagement and irregularities committed by the
stockholders, parties-litigants, creditors or the general
stockholders, directors, management,, or any other person
public;
against the debtor;
(z) To apply to the court for any order or directive that he
(i) To employ such person or persons such as lawyers,
may deem necessary or desirable to aid him in the exercise
accountants, appraisers and staff are necessary in
of his powers and performance of his duties and functions;
performing his functions and duties as rehabilitation
and
receiver;
(aa) To exercise such other powers as may from time to
(j) To monitor the operations of the debtor and to
time be conferred upon him by the court.
immediately report to the court any material adverse
change in the debtor's business;
Section 13. Oath and Bond. - Before entering upon his

Miscellaneous Provisional Remedies Page 17

powers, duties and functions, the rehabilitation receiver
must be sworn in to perform them faithfully, and must post
a bond executed in favor of the debtor in such sum as the
court may direct, to guarantee that he will faithfully
discharge his duties and obey the orders of the court. If
necessary, he shall also declare under oath that he will
perform the duties of a trustee of the assets of the debtor,
will act honestly and in good faith, and deal with the assets
of the debtor on a commercially reasonable manner.
Section 14. Fees and Expenses. - The rehabilitation receiver
and the persons hired by him shall be entitled to
reasonable professional fees and reimbursement of
expenses which shall be considered as administrative
expenses.
Section 15. Immunity from Suit. - The rehabilitation
receiver shall not be subject to any action, claim or demand
in connection with any act done or omitted by him in good
faith in the exercise of his functions and powers herein
conferred.
Section 16. Reports. - The rehabilitation receiver shall file a
written report every three (3) months to the court or as
often as the court may require on the general condition of
the debtor. The report shall include, at the minimum,
interim financial statements of the debtor.
Section 17. Dismissal of Rehabilitation Receiver. - A
rehabilitation receiver may, upon motion, be dismissed by
the court on the following grounds: (a) if he fails, without
just cause, to perform any of his powers and functions
under these Rules; or (b) on any of the grounds for
removing a trustee under the general principles of trusts.
Section 18. Rehabilitation Plan. - The rehabilitation plan
shall include (a) the desired business targets or goals and
the duration and coverage of the rehabilitation; (b) the
terms and conditions of such rehabilitation which shall
include the manner of its implementation, giving due
regard to the interests of secured creditors such as, but not
limited, to the non-impairment of their security liens or
interests; (c) the material financial commitments to
support the rehabilitation plan; (d) the means for the
execution of the rehabilitation plan, which may include
debt to equity conversion, restructuring of the debts,
dacion en pago or sale exchange or any disposition of
assets or of the interest of shareholders, partners or
members; (e) a liquidation analysis setting out for each
creditor that the present value of payments it would
receive under the plan is more than that which it would
receive if the assets of the debtor were sold by a liquidator
within a six-month period from the estimated date of filing
of the petition; and (f) such other relevant information to
enable a reasonable investor to make an informed decision
on the feasibility of the rehabilitation plan.
Section 19. Repayment Period. - If the rehabilitation plan
extends the period for the debtor to pay its contractual
obligations, the new period should not extend beyond
fifteen (15) years from the expiration of the stipulated
term existing at the time of filing of the petition.
Section 20. Effects of Rehabilitation Plan. - The approval of
the rehabilitation plan by the court shall result in the
following:
(a) The plan and its provisions shall be binding upon the
debtor and all persons who may be affected thereby,
Miscellaneous Provisional Remedies
including the creditors, whether or not such persons have
participated in the proceedings or opposed the plan or
whether or not their claims have been scheduled;
(b) The debtor shall comply with the provisions of the plan
and shall take all actions necessary to carry out the plan;
(c) Payments shall be made to the creditors in accordance
with the provisions of the plan;
(d) Contracts and other arrangements between the debtor
and its creditors shall be interpreted as continuing to apply
to the extent that they do not conflict with the provisions
of the plan; and
(e) Any compromises on amounts or rescheduling of
timing of payments by the debtor shall be binding on
creditors regardless of whether or not the plan is
successfully implemented.
Section 21. Revocation of Rehabilitation Plan on Grounds
of Fraud. - Upon motion, within ninety (90) days from the
approval of the rehabilitation plan, and after notice and
hearing, the court may revoke the approval thereof on the
ground that the same was secured through fraud.
Section 22. Alteration or Modification of Rehabilitation
Plan. - An approved rehabilitation plan may, upon motion,
be altered or modified if, in the judgement of the court,
such alteration or modification is necessary to achieve the
desired targets or goals set forth therein.
Section 23. Termination of Proceedings. - The court shall,
upon motion or upon recommendation of the
rehabilitation receiver, terminate the proceeding in any of
the following cases:
(a) Dismissal of the petition;
(b) Failure of the debtor to submit the rehabilitation plan;
(c) Disapproval of the rehabilitation plan by the court;
(d) Failure to achieve the desired targets or goals as set
forth in the rehabilitation plan;
(e) Failure of the debtor to perform its obligations under
the plan;
(f) Determination that the rehabilitation plan may no
longer be implemented in accordance with its terms,
conditions, restrictions or assumptions; or
(g) Successful implementation of the rehabilitation plan.
Section 24. Discharge of Rehabilitation Receiver. - Upon
termination of the rehabilitation proceedings, the
rehabilitation receiver shall submit his final report and
accounting with such period of time as the court will allow
him. Upon approval of his report and accounting, the court
shall order his discharge.
RULE 4
DEBTOR-INITIATED REHABILITATION
Section 1. Who May Petition. - Any debtor who foresees the
impossibility of meeting its debts when they respectively
fall due, may petition the proper regional trial court for
Page 18
rehabilitation.
A group of companies may jointly file a petition for
rehabilitation under these Rules when one or more of its
constituent corporations foresee the impossibility of
meeting debts when they respectively fall due, and the
financial distress would likely adversely affect the financial
condition and/or operations of the other member
companies of the group is essential under the terms and
conditions of the proposed rehabilitation plan.
Section 2. Contents of Petition. -
(a) The petition filed by the debtor must be verified and
must set forth with sufficient particularity all the following
material facts: (1) the name and business of the debtor; (2)
the nature of the business of the debtor; (3) the history of
the debtor; (4) the cause of its inability to pay its debts; (5)
all the pending actions or proceedings known to the debtor
and the courts or tribunals where they are pending; (6)
threats or demands to enforce claims or liens against the
debtor; and (7) the manner by which the debtor may be
rehabilitated and how such rehabilitation may benefit the
general body of creditors, employees and stockholders.
(b) The petition shall be accompanied by the following
documents:
(1) An audited financial statement of the debtor at the end
of its last fiscal year;
(2) Interim financial statements as of the end of the month
prior to the filing of the petition;
(3) A Schedule of Debts and Liabilities which lists all the
creditors of the debtor, indicating the name and last
address of record of each creditor; the amount of each
claim as to principal, interest, or penalties due as of the
date of filing; the nature of the claim; and any pledge, lien,
mortgage judgement or other security given for the
payment thereof;
(4) An Inventory of Assets which must list with reasonable
specificity all the assets of the debtor, stating the nature of
each asset, the location and condition thereof, the book
value or market value of the asset, and attaching the
corresponding certificate of title thereof in case of real
property, or the evidence of title or ownership in case of
movable property, the encumbrances, liens or claims
thereon, if any, and the identities and addresses of the
lienholders and claimants. The Inventory shall include a
Schedule of Accounts Receivable which must indicate the
amount of each, the persons from who due, the date of
maturity and the degree of collectibility categorizing them
as highly collectible to remotely collectible;
(5) A rehabilitation plan which conforms with the minimal
requirements set out in Section 18 of Rule 3;
(6) A Schedule of Payments and Disposition of Assets
which the debtor may have effected within three (3)
months immediately preceding the filing of the petition;
(7) A Schedule of Cash Flow of the debtor for three (3)
months immediately preceding the filing of the petition,
and a detailed schedule of the projected cash flow for the
succeeding three (3) months;
(8) A Statement of Possible Claims by or against the debtor
Miscellaneous Provisional Remedies
which must contain a brief statement of the facts which
might give rise to the claim and an estimate of the probable
amount thereof;
(9) An Affidavit of General Financial Condition which shall
contain answers to the questions or matters prescribed in
Annex "A" hereof;
(10) At least three (3) nominees for the position of
rehabilitation receiver as well as their qualifications and
addresses, including but not limited to their telephone
numbers, fax numbers and e-mail address; and
(11) A certificate attesting under oath that (i) the filing of
the petition has been duly authorized; and (ii) the
directors and stockholders of the debtor have irrevocably
approved and/or consented to, in accordance with existing
laws, all actions or matters necessary and desirable to
rehabilitate the debtor including, but not limited to,
amendments to the articles of incorporation and by-laws
or articles of partnership; increase or decrease in the
authorized capital stock; issuance of bonded indebtedness;
alienation, transfer, or encumbrance of assets of the
debtor; and modification of shareholders' rights.
(c) Five (5) copies of the petition shall be filed with the
court.
Section 3. Verification by Debtor. - The petition filed by the
debtor must be verified by an affidavit of a responsible
officer of the debtor and shall be in a form substantially as
follows:
"I, ___________________, (position) of (name of petitioner), do
solemnly swear that the petitioner has been duly
authorized to file the petition and that the stockholders
and board of directors (or governing body) have approved
and/or consented to, accordance with law, all actions or
matters necessary or desirable to rehabilitate the debtor.
The petition is being filed to protect the interests of the
debtor, the stockholders, the inventors and the creditors of
the debtor, which warrant the appointment of a
rehabilitation receiver. There is no petition for insolvency
filed with any other body, court of tribunal affecting the
petitioner. The Inventory of Assets and the Schedule of
Debts and Liabilities contains a full, correct and true
description of all debts and liabilities and of all goods,
effects, estate and property of whatever kind of class
belonging to petitioner. The Inventory also contains a full,
correct and true statement of all debts owing or due to
petitioner, or to any person or persons in trust for
petitioner and of all securities and contracts whereby any
money may hereafter become due or payable to petitioner
or by or through which any benefit or advantage may
accrue to petitioner. The petition contains a concise
statement of the facts giving rise, or which might give rise,
to any cause of action in favor of petitioner. Petitioner has
no land, money, stock, expectancy, or property of any kind,
except those set forth in the Inventory of Assets. Petitioner
has, in no instance, created or acknowledged a debt for a
greater sum than the true and correct amount. Petitioner,
its officers, directors and stockholders have not, directly or
indirectly, concealed, fraudulently sold or otherwise
fraudulently disposed of, any part of petitioner's real or
personal property, estate, effects or rights of action, and
petitioner, its officers, directors and stockholders have not
in any way compounded with any of its creditors in order
to give preference to such creditors, or to receive or to
accept any profit or advantage therefrom, or to defraud or
deceive in any manner any creditor to whom petitioner is
Page 19
indebted. Petitioner, its officers, directors, and
stockholders have been acting in good faith and with due
diligence.
Section 4. Opposition to or Comment on Petition. - Every
creditor of the debtor or any interested party shall file his
verified opposition to or comment on the petition not later
than fifteen (15) days before the date of the initial hearing
fixed in the stay order. After such time, no creditor or
interested party shall be allowed to file any comment
thereon or opposition thereto without leave of court.
If the Schedule of Debts and Liabilities omits a claim or
liability, the creditor concerned shall attach to its comment
or opposition a verified statement of the obligations
allegedly due it.
Section 5. Initial Hearing. -
(a) On or before the initial hearing set in the order
mentioned in Section 7 of Rule 3, the petitioner shall file a
publisher's affidavit showing that the publication
requirements and a petitioner's affidavit showing that the
notification requirement for foreign creditors had been
complied with, as required in the stay order.
(b) Before proceeding with the initial hearing, the court
shall determine whether the jurisdictional requirements
set forth above had been complied with. After finding that
such requirements are met, the court shall ensure that the
parties consider in detail all of the following:
(1) Amendments to the rehabilitation plan proposed by the
debtor;
(2) Simplification of the issues;
(3) The possibility of obtaining stipulations and admission
of facts and documents, including resort to request for
admission under Rule 26 of the Rule of Court;
(4) The possibility of amicably agreeing on any issue
brought up in the comments on, or opposition to, the
petition;
(5) Referral of any accounting, financial and other
technical issues to an expert;
(6) The possibility of submitting the petition for decision
on the basis of the comments, opposition, affidavit and
other documents on record;
(7) The possibility of a new rehabilitation plan voluntarily
agreed upon by the debtor and its creditors; and
(8) Such other matters as may aid in the speedy and
summary disposition of the case.
Section 6. Additional Hearings. - The court may hold
additional hearings as part of the initial hearing
contemplated in these Rules but the initial hearing must be
concluded not later than ninety (90) days from the initial
date of the initial hearing fixed in the stay order.
Section 7. Order After Initial Hearing. -
(a) Within twenty (20) days after the last hearing, the
court shall issue an order which shall:
Miscellaneous Provisional Remedies
(1) Give due course to the petition and immediately refer
the petition and its annexes to the rehabilitation receiver
who shall evaluate the rehabilitation plan and submit his
recommendations to the court not later than ninety (90)
days from the date of the last initial hearing, if the court is
satisfied that there is merit to the petition, otherwise the
court shall immediately dismiss the petition; and
(2) Recite in detail the matters taken up in the initial
hearing and the action taken thereon, including a
substitute rehabilitation plan contemplated in Sections 5
(b)(7) and (8) of this Rule;
(b) If the debtor and creditors agree on a new
rehabilitation plan pursuant to Section 5 (b)(7) of this
Rule, the order shall so state the fact and require the
rehabilitation receiver to supply the details of the plan and
submit it for the approval of the court not later than sixty
(6) days from the date of the last initial hearing. The court
shall approve the new rehabilitation plan not later than
ninety (90) days from the date of the last initial hearing
upon concurrence of the following:
(1) Approval or endorsement of creditors holding at least
two-thirds (2/3) of the total liabilities of the debtor
including secured creditors holding more than fifty percent
(50%) of the total secured claims of the debtor and
unsecured creditors holding more than fifty percent (50%)
of the total unsecured claims of the debtor;
(2) The rehabilitation plan complies with the requirements
specified in Section 18 of Rule 3;
(3) The rehabilitation plan would provide the objecting
class of creditors with payments whose present value
projected in the plan would be greater than that which
they would have received if the assets of the debtor were
sold by a liquidator within a six (6) month period from the
date of filing of the petition; and
(4) The rehabilitation receiver has recommended approval
of the plan.
The approval by the court of the new rehabilitation plan
shall have the same effect as approval of a rehabilitation
plan under Section 20 of Rule 3.
Section 8. Creditors' Meetings. - If no new rehabilitation
plan is agreed upon by the debtor and the creditors, the
rehabilitation receiver, at any time before he submits his
evaluation on the debtor-proposed rehabilitation plan to
the court as prescribed in Section 7(a)(1) of this Rule,
shall, either alone or with the debtor, meet with the
creditors or any interested party t discuss the plan with a
view to clarifying or resolving any matter connected
therewith.
Section 9. Comments on or Opposition to Rehabilitation
Plan. - Any creditor or interested party of record may file
comments on or opposition to the proposed rehabilitation
plan, with a copy given to the rehabilitation receiver, not
later than sixty (60) days from the date of the last initial
hearing. The court shall conduct summary and non-
adversarial proceedings to receive evidence, if necessary,
in hearing the comments on and opposition to the plan.
Section 10. modification of Proposed Rehabilitation Plan. -
The debtor may modify its rehabilitation plan in the light
Page 20
of the comments of the rehabilitation receiver and
creditors or any interested party and submit a revised or
substitute rehabilitation plan for the final approval of the
court. Such rehabilitation plan must be submitted to the
court not later than ten (10) moths from the date of filing
of the petition.
Section 11. Approval of Rehabilitation Plan. - The court
may approve a rehabilitation plan even over the opposition
of creditors of the debtor if, in its judgement, the
rehabilitation of the debtor is feasible and the opposition
of the creditors is manifestly unreasonable if the following
are present:
(a) The rehabilitation plan complies with the requirements
specified in Section 18 of Rule 3;
(b) The rehabilitation plan would provide the objecting
class of creditors with payments whose present value
projected in the plan would be greater than that which
they would have received if the assets of the debtor were
sold by a liquidator within a six (6)-month period from the
date of filing of the petition; and
(c) The rehabilitation receiver has recommended approval
of the plan.
In approving the rehabilitation plan, the court shall ensure
that the rights of the secured creditors are not impaired.
The court shall also issue the necessary orders or
processes for its immediate and successful
implementation. it may impose such terms, conditions, or
restrictions as the effective implementation and
monitoring thereof may reasonably require, or for the
protection and preservation of the interests of the
creditors should the plan fall.
Section 12. Period to Decide Petition. - The court shall
decide the petition within one (1) year from the date of
filing of the petition, unless the court, for good cause
shown, is able to secure an extension of the period from
the Supreme Court.
RULE 5
CREDITOR-INITIATED REHABILITATION
Section 1. Who May Petition. - Any creditor or creditors
holding at least twenty percent (20%) of the debtor's total
liabilities may file a petition with the proper regional trial
court for rehabilitation of a debtor that cannot meet its
debts as they respectively fall due.
Section 2. Requirements for Creditor-Initiated Petitions. -
Where the petition is filed by a creditor or creditors under
this Rule, it is sufficient that the petition is accompanied by
a rehabilitation plan and a list of at least three (3)
nominees to the position of rehabilitation receiver and
verified by a sworn statement that the affiant has read the
petition and that its contents are true and correct of his
personal knowledge or based on authentic records and
that the petition is being filed to protect the interests of the
debtor, the stockholders, the investors and the creditors of
the debtor.
Section 3. Applicability of Provisions Relating to Debtor-
Initiated Rehabilitation. - The provisions of Sections 5 to
12 of Rule 4 shall apply to rehabilitation under this Rule.
RULE 6
Miscellaneous Provisional Remedies
PRE-NEGOTIATED REHABILITATION
Section 1. Pre-negotiated Rehabilitation Plan. - A debtor
that foresees the impossibility of meeting its debts as they
fall due may, by itself or jointly with any of its creditors, file
a verified petition for the approval of a pre-negotiated
rehabilitation plan. The petition shall comply with Section
2 of Rule 4 and be supported by an affidavit showing the
written approval or endorsement of creditors holding at
least two-thirds (2/3) of the total liabilities of the debtor,
including secured creditors holding more than fifty percent
(50%) of the total secured claims of the debtor and
unsecured creditors holding more than fifty percent (50%)
of the total unsecured claims of the debtor.
Section 2. Issuance of Order. - If the court finds the petition
sufficient in form and substance, it shall, not later than five
(5) working days from the filing of the petition, issue an
order which shall:
(a) Identify the debtor, its principal business or activity/ies
and its principal place of business;
(b) Direct the publication of the order in a newspaper of
general circulation once a week for at least two (2)
consecutive weeks, with the first publication to be made
within seven (7) days from the time of its issuance;
(c) Direct the service by personal delivery of a copy of the
petition on each creditor who is not a petitioner holding at
least five percent (5%) of the total liabilities of the debtor,
as determined in the schedule attached to the petition,
within three (3) days;
(d) Direct the petitioner to furnish a copy of the petition
and its annexes, as well as the stay order, to the relevant
regulatory agency;
(e) State that copies of the petition and the rehabilitation
plan are available for examination and copying by any
interested party;
(f) Direct creditors and other parties interested (including
the Securities and Exchange Commission and the relevant
regulatory agencies such as, but not limited to, the Bangko
Sentral ng Pilipinas, the Insurance Commission, the
National Telecommunications Commission, the Housing
and Land Use Regulatory Board and the Energy Regulatory
Commission) in opposing the petition or rehabilitation
plan to file their verified objections thereto or comments
thereon within a period of not later than twenty (20) days
from the second publication of the order, with a warning
that failure to do so will bar them from participating in the
proceedings;
(g) Appoint the rehabilitation receiver named in the plan,
unless the court finds that he is not qualified under these
Rules in which case it may appoint a qualified
rehabilitation receiver of its choice;
(h) Stay enforcement of all claims, whether for money or
otherwise and whether such enforcement is by court
action or otherwise, against the debtor, its guarantors and
persons not solidarily liable with the debtor; provided, that
the stay order shall not cover claims against letters of
credit and similar security arrangements issued by a third
party to secure the payment of the debtor's obligations;
provided further, that the stay order shall not cover
foreclosure by a creditor of property not belonging to a
Page 21
debtor under corporate rehabilitation; provided, however,
that where the owner of such property sought to be
foreclosed is also a guarantor or one who is not solidarily
liable, said owner shall be entitled to be benefit of
excussion as such guarantor;
(i) Prohibit the debtor from selling, encumbering,
transferring, or disposing in any manner any of its
properties except in the ordinary course of business;
(j) Prohibit the debtor from making any payment of its
liabilities outstanding as of the date of filing of the petition;
(k) Prohibit the debtor's suppliers of goods or services
from withholding supply of goods and services in the
ordinary course of business for as long as the debtor
makes payments for the services and goods supplied after
the issuance of the stay order;
(l) Direct the payment in full of all administrative expenses
incurred after the issuance of the stay order; and
(m) Direct the payment of new loans or other forms of
credit accommodations obtained for the rehabilitation of
the debtor with prior court approval.
Section 3. Approval of Plan. - Within ten (10) days from the
date of the second publication of the order referred to in
Section 2 of this Rule, the court shall approve the
rehabilitation plan unless a creditor or other interested
party submits a verified objection to it in accordance with
the next succeeding section.
Section 4. Objection to Petition or Rehabilitation Plan. -
Any creditor or other interested party may submit to the
court a verified objection to the petition or the
rehabilitation plan. The objection shall be limited to the
following:
(a) The petition or the rehabilitation plan or their
attachments contain material omissions or are materially
false or misleading;
(b) The terms of rehabilitation are unattainable; or
(c) The approval or endorsement of creditors required
under Section 1 of this Rule has not been obtained
Copies of any objection to the petition or the rehabilitation
plan shall be served on the petitioning debtor and/or
creditors.
Section 5. Hearing on Objections. - The court shall set the
case for hearing not earlier than ten (10) days and no
longer than twenty (20) days from the date of the second
publication of the order mentioned in Section 2 of this Rule
on the objections is in accordance with the immediately
preceding section, it shall direct the petitioner to cure the
defect within a period fifteen (15) days from receipt of the
order.
Section 6. Period for Approval of Rehabilitation Plan. - The
court shall decide the petition not later than one hundred
twenty (120) days from the date of the filing of the
petition. If the court fails to do so within said period, the
rehabilitation plan shall be deemed approved.
Section 7. Effects of Approval of Rehabilitation Plan. -
Approval of the rehabilitation plan under this Rule shall
Miscellaneous Provisional Remedies
have the same legal effect as approval of a rehabilitation
plan under Section 20 of Rule 3.
Section 8. Revocation of Approved Rehabilitation Plan. -
Not later than thirty (30) days from the approval of a
rehabilitation plan under this Rule, the plan may, upon
motion and after notice and hearing, be revoked on the
ground that the approval was secured by fraud or that the
petitioner has failed to cure the defect ordered by the court
pursuant to Section 5 of this Rule.
Section 9. Effect of Rule on Pending Petitions. - Any
pending petition for rehabilitation that has not undergone
the initial hearing prescribed under the Interim Rules of
Procedure for Corporate Rehabilitation at the time of the
effectivity of these Rules may be converted into a
rehabilitation proceeding under this Rule.
RULE 7
RECOGNITION OF FOREIGN PROCEEDINGS
Section 1. Scope of Application. - This Rule applies where
(a) assistance is sought in a Philippine court by a foreign
court or a foreign representative in connection with a
foreign proceeding; (b) assistance is sought in a foreign
State in connection with a domestic proceeding governed
by these Rules; or (c) a foreign proceeding and a domestic
proceeding are concurrently taking place.
The sole fact that a petition is filed pursuant to this Rule
does not subject the foreign representative or the foreign
assets and affairs of the debtor to the jurisdiction of the
local courts for any purpose other than the petition.
Section 2. Non-Recognition of Foreign Proceeding. -
Nothing in this Rule prevents the court from refusing to
take an action governed by this Rule if (a) the action would
be manifestly contrary to the public policy of the
Philippines; and (b) if the court finds that the country of
which the petitioner is a national does not grant
recognition to a Philippine rehabilitation proceeding in a
manner substantially in accordance with this Rule.
Section 3. Petition for Recognition of Foreign Proceeding. -
A foreign representative may apply with the Regional Trial
Court where the debtor resides for recognition of the
foreign proceeding in which the foreign representative has
been appointed.
A petition for recognition shall be accompanied by:
(a) A certified copy of the decision commencing the foreign
proceeding and appointing the foreign representative; or
(b) A certificate from the foreign court affirming the
existence of the foreign proceeding and of the appointment
of the foreign representative; or
(c) In the absence of evidence referred to in subparagraph
(a) and (b), any other evidence acceptable to the court of
the existence of the foreign proceeding and of the
appointment of the foreign representative.
Section 4. Recognition of Foreign Proceeding. - A foreign
proceeding shall be recognized if:
(a) The proceeding is a foreign proceeding as defined
herein;
Page 22
(b) The person or body applying for recognition is a
foreign representative as defined herein; and
(c) The petition meets the requirements of Section 3 of this
Rule;
Section 5. Period to Recognize Foreign Proceeding. - A
petition for recognition of a foreign proceeding shall be
decided within thirty (30) days from the filing thereof.
Section 6. Notification to Court. - From the time of filing the
petition for recognition f the foreign proceeding, the
foreign representative shall inform the court promptly of:
(a) Any substantial change in the status of the foreign
proceeding or the status of the foreign representative's
appointment; and
(b) Any other foreign proceeding regarding the same
debtor that becomes known to the foreign representative.
Section 7. Provisional Relief that May be Granted upon
Application for Recognition of Foreign Proceeding. - From
the time of filing a petition for recognition until the same is
decided upon, the court may, upon motion of the foreign
representative where relief is urgently needed to protect
the assets of the debtor or the interests of the creditors,
grant relief of a provisional nature, including:
(a) Staying execution against the debtor's assets;
(b) Entrusting the administration or realization of all or
part of the debtor's assets located in the Philippines to the
foreign representative or another person designated by the
court in order to protect and preserve the value of assets
that, by their nature or because of other circumstances, are
perishable, susceptible to devaluation or otherwise in
jeopardy;
(c) Any relief mentioned in Section 9(a)(1), (2) and (7) of
this Rule.
Section 8. Effects of Recognition of Foreign Proceeding. -
Upon recognition of a foreign proceeding:
(a) Commencement or continuation of individual actions
or individual proceedings concerning the debtor's assets,
rights, obligations or liabilities is stayed; provided, that
such stay does not affect the right to commence individual
actions or proceedings to the extent necessary to preserve
a claim against the debtor.
(b) Execution against the debtor's assets is stayed; and
(c) The right to transfer, encumber or otherwise dispose of
any assets of the debtor is suspended.
Section 9. Relief That May be Granted After Recognition of
Foreign Proceeding. -
(a) Upon recognition of a foreign proceeding, where
necessary to protect the assets of the debtor or the
interests of the creditors, the court may, upon motion of
the foreign representative, grant any appropriate relief
including:
(1) Staying the commencement or continuation of
individual actions or individual proceedings concerning
Miscellaneous Provisional Remedies
the debtor's assets, rights, obligations or liabilities to the
extent they have not been stayed under Section 8(a) of this
Rule;
(2) Staying execution against the debtor's assets to the
extent it has not been stayed under Section 8(b) of this
Rule;
(3) Suspending the right to transfer, encumber or
otherwise dispose of any assets of the debtor to the extent
this right has not been suspended under Section 8(c) of
this Rule;
(4) Providing for the examination of witnesses, the taking
of evidence or the delivery of information concerning the
debtor's assets, affairs, rights, obligations or liabilities;
(5) Entrusting the administration or realization of all or
part of the debtor's assets located in the Philippines to the
foreign representative or another person designated by the
court;
(6) Extending the relief granted under Section 7 of this
Rule;
(7) Granting any additional relief that may be available to
the rehabilitation receiver under these laws.
(b) Upon recognition of a foreign proceeding, the court
may, at the request of the foreign representative, entrust
the distribution of all or part of the debtor's assets located
in the Philippines to the foreign representative or another
person designated by the court; provided that the court is
satisfied that the interests of local creditors are adequately
protected.
Section 10. Protection of Creditors and Other Interested
Persons. -
(a) In granting or denying relief under this Rule or in
modifying or terminating the relief under paragraph (c) of
this Section, the court must be satisfied that the interests
of the creditors and other interested persons, including the
debtor, are adequately protected.
(b) The court may subject the relief granted under Section
7 or Section 9. Of this Rule to conditions it considers
appropriate.
(c) The court may, upon motion of the foreign
representative or a person affected by the relief granted
under Section 7 or Section 9 of this Rule, or on its own
motion, modify or terminate such relief.
Section 11. Actions to Avoid Acts Detrimental to Creditors.
- Upon recognition of a foreign proceeding, the foreign
representative acquires the standing to initiate actions to
avoid or otherwise render ineffective acts detrimental to
creditors that are available under these Rules.
Section 12. Intervention by Foreign Representative in
Philippine Proceedings. - Upon recognition of a foreign
proceeding, the foreign representative may intervene in
any action or proceeding in the Philippines in which the
debtor is a party.
Section 13. Cooperation and Direct Communication with
Foreign Courts and Foreign Representatives. - In matters
covered by this Rule, the court shall cooperate to the
Page 23
maximum extent possible with foreign courts or foreign
representatives.
The court is entitled to communicate directly with, or
request information or assistance directly from, foreign
courts or foreign representatives.
Section 14. Forms of Cooperation. - Cooperation may be
implemented by any appropriate means, including but not
limited to the following:
(a) Appointment of a person or body to act at the
discretion of the court;
(b) Communication of information by any means
considered appropriate by the court;
(c) Coordination of the administration and supervision of
the debtor's assets and affairs;
(d) Approval or implementation by courts of agreements
concerning the coordination of proceedings;
(e) Coordination of concurrent proceedings regarding the
same debtor;
(f) Suspension of proceedings against the debtor;
(g) Limiting the relief of assets that should be administered
in a foreign proceeding pending in a jurisdiction other than
the place where the debtor has its principal place of
business (foreign non-main proceeding) or information
required in that proceeding; and
(h) Implementation of rehabilitation or re-organization
plan for the debtor.
Nothing in this Rule limits the power of the court to
provide additional assistance to the foreign representative
under other applicable laws.
Section 15. Commencement of Local Proceeding after
Recognition of Foreign Proceeding. - After the recognition
of a foreign proceeding, a local proceeding under these
Rules may be commenced only if the debtor is doing
business in the Philippines, the effects of the proceedings
shall be restricted to the assets of the debtor located in the
country and, to the extent necessary to implement
cooperation and coordination under Sections 13 and 14 of
this Rule, to the other assets of the debtor that, under local
laws, must be administered in that proceeding.
Section 16. Local and Foreign Proceedings. - Where a
foreign proceeding and a local proceeding are taking place
concurrently regarding the same debtor, the court shall
seek cooperation and coordination under Section 13 and
14 of this Rule. Any relief granted to the foreign proceeding
must be made consistent with the relief granted in the
local proceeding.
RULE 8
PROCEDURAL REMEDIES
Section 1. Motion for Reconsideration. - A party may file a
motion for reconsideration of any order issued by the
court prior to the approval of the rehabilitation plan. No
relief can be extended to the party aggrieved by the court's
order on the motion through a special civil action for
Miscellaneous Provisional Remedies
certiorari under Rule 65 of the rules of Court. Such order
can only be elevated to the Court of Appeals as an assigned
error in the petition for review of the decision or order
approving or disapproving the rehabilitation plan.
An order issued after the approval of the rehabilitation
plan can de reviewed only through a special civil action for
certiorari under Rule 65 of the Rules of Court.
Section 2. Review of Decision or Order on Rehabilitation
Plan. - an order approving or disapproving a rehabilitation
plan can only be reviewed through a petition for review to
the Court of Appeals under Rule 43 of the Rules of Court
within fifteen (15) days from notice of the decision or
order.
RULE 9
FINAL PROVISIONS
Section 1. Severability. - If any provision or section of these
Rules is held invalid, the other provisions or sections shall
not be affected thereby.
Section 2. Transitory Provision. - Unless the court orders
otherwise to prevent manifest injustice, any pending
petition for rehabilitation that has not undergone the
initial hearing prescribed under the Interim Rules of
Procedure for Corporate Rehabilitation at the time of the
effectivity of these Rules shall be governed by these rules.
Section 3. Effectivity. - These Rules shall take affect on 16
January 2009 following its publication in two (2)
newspapers of general circulation in the Philippines.
A.M. No. 09-6-8-SC
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
RESOLUTION
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
PART I
RULE 1
GENERAL PROVISIONS
Section 1. Title. These Rules shall be known as "The
Rules of Procedure for Environmental Cases."
Section 2. Scope. These Rules shall govern the
procedure in civil, criminal and special civil actions before
the Regional Trial Courts, Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Courts involving enforcement or
violations of environmental and other related laws, rules
and regulations such as but not limited to the following:
(a) Act No. 3572, Prohibition Against Cutting of Tindalo,
Akli, and Molave Trees;
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
(e) P.D. No. 1067, Water Code;
Page 24
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental Impact
Statement System Including Other Environmental
Management Related Measures and for Other Purposes;
(i) R.A. No. 3571, Prohibition Against the Cutting,
Destroying or Injuring of Planted or Growing Trees,
Flowering Plants and Shrubs or Plants of Scenic Value
along Public Roads, in Plazas, Parks, School Premises or in
any Other Public Ground;
(j) R.A. No. 4850, Laguna Lake Development Authority Act;
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste
Act;
(l) R.A. No. 7076, Peoples Small-Scale Mining Act;
(m) R.A. No. 7586, National Integrated Protected Areas
System Act including all laws, decrees, orders,
proclamations and issuances establishing protected areas;
(n) R.A. No. 7611, Strategic Environmental Plan for
Palawan Act;
(o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(q) R.A. No. 8550, Philippine Fisheries Code;
(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste Management Act;
(t) R.A. No. 9072, National Caves and Cave Resource
Management Act;
(u) R.A. No. 9147, Wildlife Conservation and Protection
Act;
(v) R.A. No. 9175, Chainsaw Act;
(w) R.A. No. 9275, Clean Water Act;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No.
6657, Comprehensive Agrarian Reform Law of 1988; R.A.
No. 7160, Local Government Code of 1991; R.A. No. 7161,
Tax Laws Incorporated in the Revised Forestry Code and
Other Environmental Laws (Amending the NIRC); R.A. No.
7308, Seed Industry Development Act of 1992; R.A. No.
7900, High-Value Crops Development
Rules of Procedure for Environmental Cases Act; R.A. No.
8048, Coconut Preservation Act; R.A. No. 8435, Agriculture
and Fisheries Modernization Act of 1997; R.A. No. 9522,
The Philippine Archipelagic Baselines Law; R.A. No. 9593,
Renewable Energy Act of 2008; R.A. No. 9637, Philippine
Biofuels Act; and other existing laws that relate to the
conservation, development, preservation, protection and
utilization of the environment and natural resources.
Miscellaneous Provisional Remedies
Section 3. Objectives. - The objectives of these Rules are:
(a) To protect and advance the constitutional right of the
people to a balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive
procedure for the enforcement of environmental rights and
duties recognized under the Constitution, existing laws,
rules and regulations, and international agreements;
(c) To introduce and adopt innovations and best practices
ensuring the effective enforcement of remedies and
redress for violation of environmental laws; and
(d) To enable the courts to monitor and exact compliance
with orders and judgments in environmental cases.
Section 4. Definition of Terms. -
(a) By-product or derivatives means any part taken or
substance extracted from wildlife, in raw or in processed
form including stuffed animals and herbarium specimens.
1avvphi1
(b) Consent decree refers to a judicially-approved
settlement between concerned parties based on public
interest and public policy to protect and preserve the
environment.
(c) Continuing mandamus is a writ issued by a court in an
environmental case directing any agency or
instrumentality of the government or officer thereof to
perform an act or series of acts decreed by final judgment
which shall remain effective until judgment is fully
satisfied.
(d) Environmental protection order (EPO) refers to an
order issued by the court directing or enjoining any person
or government agency to perform or desist from
performing an act in order to protect, preserve or
rehabilitate the environment.
(e) Mineral refers to all naturally occurring inorganic
substance in solid, gas, liquid, or any intermediate state
excluding energy materials such as coal, petroleum, natural
gas, radioactive materials and geothermal energy.
(f) Precautionary principle states that when human
activities may lead to threats of serious and irreversible
damage to the environment that is scientifically plausible
but uncertain, actions shall be taken to avoid or diminish
that threat.
(g) Strategic lawsuit against public participation (SLAPP)
refers to an action whether civil, criminal or
administrative, brought against any person, institution or
any government agency or local government unit or its
officials and employees, with the intent to harass, vex,
exert undue pressure or stifle any legal recourse that such
person, institution or government agency has taken or may
take in the enforcement of environmental laws, protection
of the environment or assertion of environmental rights.
(h) Wildlife means wild forms and varieties of flora and
fauna, in all developmental stages including those which
are in captivity or are being bred or propagated.
Page 25
PART II
CIVIL PROCEDURE
RULE 2
PLEADINGS AND PARTIES
Section 1. Pleadings and motions allowed. The pleadings
and motions that may be filed are complaint, answer which
may include compulsory counterclaim and cross-claim,
motion for intervention, motion for discovery and motion
for reconsideration of the judgment.
Motion for postponement, motion for new trial and
petition for relief from judgment shall be allowed in highly
meritorious cases or to prevent a manifest miscarriage of
justice.
Section 2. Prohibited pleadings or motions. The
following pleadings or motions shall not be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings, except to
file answer, the extension not to exceed fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint.
Section 3. Verified complaint. The verified complaint
shall contain the names of the parties, their addresses, the
cause of action and the reliefs prayed for.
The plaintiff shall attach to the verified complaint all
evidence proving or supporting the cause of action
consisting of the affidavits of witnesses, documentary
evidence and if possible, object evidence. The affidavits
shall be in question and answer form and shall comply
with the rules of admissibility of evidence.
The complaint shall state that it is an environmental case
and the law involved. The complaint shall also include a
certification against forum shopping. If the complaint is
not an environmental complaint, the presiding judge shall
refer it to the executive judge for re-raffle.
Section 4. Who may file. Any real party in interest,
including the government and juridical entities authorized
by law, may file a civil action involving the enforcement or
violation of any environmental law.
Section 5. Citizen suit. Any Filipino citizen in
representation of others, including minors or generations
yet unborn, may file an action to enforce rights or
obligations under environmental laws. Upon the filing of a
citizen suit, the court shall issue an order which shall
contain a brief description of the cause of action and the
reliefs prayed for, requiring all interested parties to
manifest their interest to intervene in the case within
fifteen (15) days from notice thereof. The plaintiff may
publish the order once in a newspaper of a general
circulation in the Philippines or furnish all affected
barangays copies of said order.
Miscellaneous Provisional Remedies
Citizen suits filed under R.A. No. 8749 and R.A. No. 9003
shall be governed by their respective provisions.
Section 6. Service of the complaint on the government or
its agencies. - Upon the filing of the complaint, the plaintiff
is required to furnish the government or the appropriate
agency, although not a party, a copy of the complaint. Proof
of service upon the government or the appropriate agency
shall be attached to the complaint.
Section 7. Assignment by raffle. - If there is only one (1)
designated branch in a multiple-sala court, the executive
judge shall immediately refer the case to said branch. If
there are two (2) or more designated branches, the
executive judge shall conduct a special raffle on the day the
complaint is filed.
Section 8. Issuance of Temporary Environmental
Protection Order (TEPO). - If it appears from the verified
complaint with a prayer for the issuance of an
Environmental Protection Order (EPO) that the matter is of
extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the executive judge of the
multiple-sala court before raffle or the presiding judge of a
single-sala court as the case may be, may issue ex parte a
TEPO effective for only seventy-two (72) hours from date
of the receipt of the TEPO by the party or person enjoined.
Within said period, the court where the case is assigned,
shall conduct a summary hearing to determine whether
the TEPO may be extended until the termination of the
case.
The court where the case is assigned, shall periodically
monitor the existence of acts that are the subject matter of
the TEPO even if issued by the executive judge, and may lift
the same at any time as circumstances may warrant.
The applicant shall be exempted from the posting of a bond
for the issuance of a TEPO.
Section 9. Action on motion for dissolution of TEPO. - The
grounds for motion to dissolve a TEPO shall be supported
by affidavits of the party or person enjoined which the
applicant may oppose, also by affidavits.
The TEPO may be dissolved if it appears after hearing that
its issuance or continuance would cause irreparable
damage to the party or person enjoined while the
applicant may be fully compensated for such damages as
he may suffer and subject to the posting of a sufficient
bond by the party or person enjoined.
Section 10. Prohibition against temporary restraining
order (TRO) and preliminary injunction. - Except the
Supreme Court, no court can issue a TRO or writ of
preliminary injunction against lawful actions of
government agencies that enforce environmental laws or
prevent violations thereof.
Section 11. Report on TEPO, EPO, TRO or preliminary
injunction. - The judge shall report any action taken on a
TEPO, EPO, TRO or a preliminary injunction, including its
modification and dissolution, to the Supreme Court,
through the Office of the Court Administrator, within ten
(10) days from the action taken.
Section 12. Payment of filing and other legal fees. - The
payment of filing and other legal fees by the plaintiff shall
be deferred until after judgment unless the plaintiff is
Page 26
allowed to litigate as an indigent. It shall constitute a first
lien on the judgment award.
For a citizen suit, the court shall defer the payment of filing
and other legal fees that shall serve as first lien on the
judgment award.
Section 13. Service of summons, orders and other court
processes. - The summons, orders and other court
processes may be served by the sheriff, his deputy or other
proper court officer or for justifiable reasons, by the
counsel or representative of the plaintiff or any suitable
person authorized or deputized by the court issuing the
summons.
Any private person who is authorized or deputized by the
court to serve summons, orders and other court processes
shall for that purpose be considered an officer of the court.
The summons shall be served on the defendant, together
with a copy of an order informing all parties that they have
fifteen (15) days from the filing of an answer, within which
to avail of interrogatories to parties under Rule 25 of the
Rules of Court and request for admission by adverse party
under Rule 26, or at their discretion, make use of
depositions under Rule 23 or other measures under Rules
27 and 28.
Should personal and substituted service fail, summons by
publication shall be allowed. In the case of juridical
entities, summons by publication shall be done by
indicating the names of the officers or their duly
authorized representatives.
Section 14. Verified answer. - Within fifteen (15) days from
receipt of summons, the defendant shall file a verified
answer to the complaint and serve a copy thereof on the
plaintiff. The defendant shall attach affidavits of witnesses,
reports, studies of experts and all evidence in support of
the defense.
Affirmative and special defenses not pleaded shall be
deemed waived, except lack of jurisdiction.
Cross-claims and compulsory counterclaims not asserted
shall be considered barred. The answer to counterclaims
or cross-claims shall be filed and served within ten (10)
days from service of the answer in which they are pleaded.
Section 15. Effect of failure to answer. - Should the
defendant fail to answer the complaint within the period
provided, the court shall declare defendant in default and
upon motion of the plaintiff, shall receive evidence ex parte
and render judgment based thereon and the reliefs prayed
for.
RULE 3
PRE-TRIAL
Section 1. Notice of pre-trial. - Within two (2) days from
the filing of the answer to the counterclaim or cross-claim,
if any, the branch clerk of court shall issue a notice of the
pre-trial to be held not later than one (1) month from the
filing of the last pleading.
The court shall schedule the pre-trial and set as many pre-
trial conferences as may be necessary within a period of
two (2) months counted from the date of the first pre-trial
conference.
Miscellaneous Provisional Remedies
Section 2. Pre-trial brief. - At least three (3) days before the
pretrial, the parties shall submit pre-trial briefs containing
the following:
(a) A statement of their willingness to enter into an
amicable settlement indicating the desired terms thereof
or to submit the case to any of the alternative modes of
dispute resolution;
(b) A summary of admitted facts and proposed stipulation
of facts;
(c) The legal and factual issues to be tried or resolved. For
each factual issue, the parties shall state all evidence to
support their positions thereon. For each legal issue,
parties shall state the applicable law and jurisprudence
supporting their respective positions thereon;
(d) The documents or exhibits to be presented, including
depositions, answers to interrogatories and answers to
written request for admission by adverse party, stating the
purpose thereof;
(e) A manifestation of their having availed of discovery
procedures or their intention to avail themselves of
referral to a commissioner or panel of experts;
(f) The number and names of the witnesses and the
substance of their affidavits;
(g) Clarificatory questions from the parties; and
(h) List of cases arising out of the same facts pending
before other courts or administrative agencies. Failure to
comply with the required contents of a pre-trial brief may
be a ground for contempt.
Failure to file the pre-trial brief shall have the same effect
as failure to appear at the pre-trial.
Section 3. Referral to mediation. - At the start of the pre-
trial conference, the court shall inquire from the parties if
they have settled the dispute; otherwise, the court shall
immediately refer the parties or their counsel, if
authorized by their clients, to the Philippine Mediation
Center (PMC) unit for purposes of mediation. If not
available, the court shall refer the case to the clerk of court
or legal researcher for mediation.
Mediation must be conducted within a non-extendible
period of thirty (30) days from receipt of notice of referral
to mediation.
The mediation report must be submitted within ten (10)
days from the expiration of the 30-day period.
Section 4. Preliminary conference. - If mediation fails, the
court will schedule the continuance of the pre-trial. Before
the scheduled date of continuance, the court may refer the
case to the branch clerk of court for a preliminary
conference for the following purposes:
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be presented by
the parties and copies thereof to be attached to the records
after comparison with the originals;
Page 27
(c) To ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of the
documents marked as exhibits;
(d) To require the parties to submit the depositions taken
under Rule 23 of the Rules of Court, the answers to written
interrogatories under Rule 25, and the answers to request
for admissions by the adverse party under Rule 26;
(e) To require the production of documents or things
requested by a party under Rule 27 and the results of the
physical and mental examination of persons under Rule
28;
(f) To consider such other matters as may aid in its prompt
disposition;
(g) To record the proceedings in the "Minutes of
Preliminary Conference" to be signed by both parties or
their counsels;
(h) To mark the affidavits of witnesses which shall be in
question and answer form and shall constitute the direct
examination of the witnesses; and
(i) To attach the minutes together with the marked exhibits
before the pre-trial proper.
The parties or their counsel must submit to the branch
clerk of court the names, addresses and contact numbers
of the affiants.
During the preliminary conference, the branch clerk of
court shall also require the parties to submit the
depositions taken under Rule 23 of the Rules of Court, the
answers to written interrogatories under Rule 25 and the
answers to request for admissions by the adverse party
under Rule 26. The branch clerk of court may also require
the production of documents or things requested by a
party under Rule 27 and the results of the physical and
mental examination of persons under Rule 28.
Section 5. Pre-trial conference; consent decree. - The judge
shall put the parties and their counsels under oath, and
they shall remain under oath in all pre-trial conferences.
The judge shall exert best efforts to persuade the parties to
arrive at a settlement of the dispute. The judge may issue a
consent decree approving the agreement between the
parties in accordance with law, morals, public order and
public policy to protect the right of the people to a
balanced and healthful ecology.
Evidence not presented during the pre-trial, except newly-
discovered evidence, shall be deemed waived.
Section 6. Failure to settle. - If there is no full settlement,
the judge shall:
(a) Adopt the minutes of the preliminary conference as
part of the pre-trial proceedings and confirm the markings
of exhibits or substituted photocopies and admissions on
the genuineness and due execution of documents;
(b) Determine if there are cases arising out of the same
facts pending before other courts and order its
consolidation if warranted;
Miscellaneous Provisional Remedies
(c) Determine if the pleadings are in order and if not, order
the amendments if necessary;
(d) Determine if interlocutory issues are involved and
resolve the same;
(e) Consider the adding or dropping of parties;
(f) Scrutinize every single allegation of the complaint,
answer and other pleadings and attachments thereto, and
the contents of documents and all other evidence
identified and pre-marked during pre-trial in determining
further admissions;
(g) Obtain admissions based on the affidavits of witnesses
and evidence attached to the pleadings or submitted
during pre-trial;
(h) Define and simplify the factual and legal issues arising
from the pleadings and evidence. Uncontroverted issues
and frivolous claims or defenses should be eliminated;
(i) Discuss the propriety of rendering a summary judgment
or a judgment based on the pleadings, evidence and
admissions made during pre-trial;
(j) Observe the Most Important Witness Rule in limiting
the number of witnesses, determining the facts to be
proved by each witness and fixing the approximate
number of hours per witness;
(k) Encourage referral of the case to a trial by
commissioner under Rule 32 of the Rules of Court or to a
mediator or arbitrator under any of the alternative modes
of dispute resolution governed by the Special Rules of
Court on Alternative Dispute Resolution;
(l) Determine the necessity of engaging the services of a
qualified expert as a friend of the court (amicus curiae);
and
(m) Ask parties to agree on the specific trial dates for
continuous trial, comply with the one-day examination of
witness rule, adhere to the case flow chart determined by
the court which shall contain the different stages of the
proceedings up to the promulgation of the decision and
use the time frame for each stage in setting the trial dates.
Section 7. Effect of failure to appear at pre-trial. - The court
shall not dismiss the complaint, except upon repeated and
unjustified failure of the plaintiff to appear. The dismissal
shall be without prejudice, and the court may proceed with
the counterclaim.
If the defendant fails to appear at the pre-trial, the court
shall receive evidence ex parte.
Section 8. Minutes of pre-trial. - The minutes of each pre-
trial conference shall contain matters taken up therein,
more particularly admissions of facts and exhibits, and
shall be signed by the parties and their counsel.
Section 9. Pre-trial order. - Within ten (10) days after the
termination of the pre-trial, the court shall issue a pre-trial
order setting forth the actions taken during the pre-trial
conference, the facts stipulated, the admissions made, the
evidence marked, the number of witnesses to be presented
Page 28
and the schedule of trial. Said order shall bind the parties,
limit the trial to matters not disposed of and control the
course of action during the trial.
Section 10. Efforts to settle. - The court shall endeavor to
make the parties agree to compromise or settle in
accordance with law at any stage of the proceedings before
rendition of judgment.
RULE 4
TRIAL
Section 1. Continuous trial. - The judge shall conduct
continuous trial which shall not exceed two (2) months
from the date of the issuance of the pre-trial order.
Before the expiration of the two-month period, the judge
may ask the Supreme Court for the extension of the trial
period for justifiable cause.
Section 2. Affidavits in lieu of direct examination. - In lieu
of direct examination, affidavits marked during the pre-
trial shall be presented as direct examination of affiants
subject to cross-
examination by the adverse party.
Section 3. One-day examination of witness rule. - The court
shall strictly adhere to the rule that a witness has to be
fully examined in one (1) day, subject to the courts
discretion of extending the examination for justifiable
reason. After the presentation of the last witness, only oral
offer of evidence shall be allowed, and the opposing party
shall immediately interpose his objections. The judge shall
forthwith rule on the offer of evidence in open court.
Section 4. Submission of case for decision; filing of
memoranda. - After the last party has rested its case, the
court shall issue an order submitting the case for decision.
The court may require the parties to submit their
respective memoranda, if possible in electronic form,
within a non-extendible period of thirty (30) days from the
date the case is submitted for decision.
The court shall have a period of sixty (60) days to decide
the case from the date the case is submitted for decision.
Section 5. Period to try and decide. - The court shall have a
period of one (1) year from the filing of the complaint to
try and decide the case. Before the expiration of the one-
year period, the court may petition the Supreme Court for
the extension of the period for justifiable cause.
The court shall prioritize the adjudication of
environmental cases.
RULE 5
JUDGMENT AND EXECUTION
Section 1. Reliefs in a citizen suit. - If warranted, the court
may grant to the plaintiff proper reliefs which shall include
the protection, preservation or rehabilitation of the
environment and the payment of attorneys fees, costs of
suit and other litigation expenses. It may also require the
violator to submit a program of rehabilitation or
restoration of the environment, the costs of which shall be
borne by the violator, or to contribute to a special trust
fund for that purpose subject to the control of the court.
Miscellaneous Provisional Remedies
Section 2. Judgment not stayed by appeal. - Any judgment
directing the performance of acts for the protection,
preservation or rehabilitation of the environment shall be
executory pending appeal unless restrained by the
appellate court.
Section 3. Permanent EPO; writ of continuing mandamus. -
In the judgment, the court may convert the TEPO to a
permanent EPO or issue a writ of continuing mandamus
directing the performance of acts which shall be effective
until the judgment is fully satisfied.
The court may, by itself or through the appropriate
government agency, monitor the execution of the judgment
and require the party concerned to submit written reports
on a quarterly basis or sooner as may be necessary,
detailing the progress of the execution and satisfaction of
the judgment. The other party may, at its option, submit its
comments or observations on the execution of the
judgment.
Section 4. Monitoring of compliance with judgment and
orders of the court by a commissioner. - The court may
motu proprio, or upon motion of the prevailing party,
order that the enforcement of the judgment or order be
referred to a commissioner to be appointed by the court.
The commissioner shall file with the court written
progress reports on a quarterly basis or more frequently
when necessary.
Section 5. Return of writ of execution. - The process of
execution shall terminate upon a sufficient showing that
the decision or order has been implemented to the
satisfaction of the court in accordance with Section 14,
Rule 39 of the Rules of Court.
RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
Section 1. Strategic lawsuit against public participation
(SLAPP). - A legal action filed to harass, vex, exert undue
pressure or stifle any legal recourse that any person,
institution or the government has taken or may take in the
enforcement of environmental laws, protection of the
environment or assertion of environmental rights shall be
treated as a SLAPP and shall be governed by these Rules.
Section 2. SLAPP as a defense; how alleged. - In a SLAPP
filed against a person involved in the enforcement of
environmental laws, protection of the environment, or
assertion of environmental rights, the defendant may file
an answer interposing as a defense that the case is a SLAPP
and shall be supported by documents, affidavits, papers
and other evidence; and, by way of counterclaim, pray for
damages, attorneys fees and costs of suit.
The court shall direct the plaintiff or adverse party to file
an opposition showing the suit is not a SLAPP, attaching
evidence in support thereof, within a non-extendible
period of five (5) days from receipt of notice that an
answer has been filed.
The defense of a SLAPP shall be set for hearing by the court
after issuance of the order to file an opposition within
fifteen (15) days from filing of the comment or the lapse of
the period.
Section 3. Summary hearing. - The hearing on the defense
Page 29
of a SLAPP shall be summary in nature. The parties must
submit all available evidence in support of their respective
positions. The party seeking the dismissal of the case must
prove by substantial evidence that his act for the
enforcement of environmental law is a legitimate action for
the protection, preservation and rehabilitation of the
environment. The party filing the action assailed as a
SLAPP shall prove by preponderance of evidence that the
action is not a SLAPP and is a valid claim.
Section 4. Resolution of the defense of a SLAPP. - The
affirmative defense of a SLAPP shall be resolved within
thirty (30) days after the summary hearing. If the court
dismisses the action, the court may award damages,
attorneys fees and costs of suit under a counterclaim if
such has been filed. The dismissal shall be with prejudice.
If the court rejects the defense of a SLAPP, the evidence
adduced during the summary hearing shall be treated as
evidence of the parties on the merits of the case. The action
shall proceed in accordance with the Rules of Court.
PART III
SPECIAL CIVIL ACTIONS
RULE 7
WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy
available to a natural or juridical person, entity authorized
by law, peoples organization, non-governmental
organization, or any public interest group accredited by or
registered with any government agency, on behalf of
persons whose constitutional right to a balanced and
healthful ecology is violated, or threatened with violation
by an unlawful act or omission of a public official or
employee, or private individual or entity, involving
environmental damage of such magnitude as to prejudice
the life, health or property of inhabitants in two or more
cities or provinces.
Section 2. Contents of the petition. - The verified petition
shall contain the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the
respondent or if the name and personal circumstances are
unknown and uncertain, the respondent may be described
by an assumed appellation;
(c) The environmental law, rule or regulation violated or
threatened to be violated, the act or omission complained
of, and the environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two
or more cities or provinces.
(d) All relevant and material evidence consisting of the
affidavits of witnesses, documentary evidence, scientific or
other expert studies, and if possible, object evidence;
(e) The certification of petitioner under oath that: (1)
petitioner has not commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-
judicial agency, and no such other action or claim is
pending therein; (2) if there is such other pending action
or claim, a complete statement of its present status; (3) if
petitioner should learn that the same or similar action or
claim has been filed or is pending, petitioner shall report to
Miscellaneous Provisional Remedies
the court that fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer for
the issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed with
the Supreme Court or with any of the stations of the Court
of Appeals.
Section 4. No docket fees. - The petitioner shall be exempt
from the payment of docket
fees.
Section 5. Issuance of the writ. - Within three (3) days from
the date of filing of the petition, if the petition is sufficient
in form and substance, the court shall give an order: (a)
issuing the writ; and (b) requiring the respondent to file a
verified return as provided in Section 8 of this Rule. The
clerk of court shall forthwith issue the writ under the seal
of the court including the issuance of a cease and desist
order and other temporary reliefs effective until further
order.
Section 6. How the writ is served. - The writ shall be served
upon the respondent by a court officer or any person
deputized by the court, who shall retain a copy on which to
make a return of service. In case the writ cannot be served
personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A
clerk of court who unduly delays or refuses to issue the
writ after its allowance or a court officer or deputized
person who unduly delays or refuses to serve the same
shall be punished by the court for contempt without
prejudice to other civil, criminal or administrative actions.
Section 8. Return of respondent; contents. - Within a non-
extendible period of ten (10) days after service of the writ,
the respondent shall file a verified return which shall
contain all defenses to show that respondent did not
violate or threaten to violate, or allow the violation of any
environmental law, rule or regulation or commit any act
resulting to environmental damage of such magnitude as
to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
All defenses not raised in the return shall be deemed
waived.
The return shall include affidavits of witnesses,
documentary evidence, scientific or other expert studies,
and if possible, object evidence, in support of the defense
of the respondent.
A general denial of allegations in the petition shall be
considered as an admission thereof.
Section 9. Prohibited pleadings and motions. - The
following pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
Page 30
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the
respondent fails to file a return, the court shall proceed to
hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the
respondent, the court may call a preliminary conference to
simplify the issues, determine the possibility of obtaining
stipulations or admissions from the parties, and set the
petition for hearing.
The hearing including the preliminary conference shall not
extend beyond sixty (60) days and shall be given the same
priority as petitions for the writs of habeas corpus, amparo
and habeas data.
Section 12. Discovery Measures. - A party may file a
verified motion for the following reliefs:
(a) Ocular Inspection; order The motion must show that
an ocular inspection order is necessary to establish the
magnitude of the violation or the threat as to prejudice the
life, health or property of inhabitants in two or more cities
or provinces. It shall state in detail the place or places to be
inspected. It shall be supported by affidavits of witnesses
having personal knowledge of the violation or threatened
violation of environmental law.
After hearing, the court may order any person in
possession or control of a designated land or other
property to permit entry for the purpose of inspecting or
photographing the property or any relevant object or
operation thereon.
The order shall specify the person or persons authorized
to make the inspection and the date, time, place and
manner of making the inspection and may prescribe other
conditions to protect the constitutional rights of all parties.
(b) Production or inspection of documents or things; order
The motion must show that a production order is
necessary to establish the magnitude of the violation or the
threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
After hearing, the court may order any person in
possession, custody or control of any designated
documents, papers, books, accounts, letters, photographs,
objects or tangible things, or objects in digitized or
electronic form, which constitute or contain evidence
relevant to the petition or the return, to produce and
permit their inspection, copying or photographing by or on
behalf of the movant.
The production order shall specify the person or persons
authorized to make the production and the date, time,
place and manner of making the inspection or production
and may prescribe other conditions to protect the
constitutional rights of all parties.
Miscellaneous Provisional Remedies
Section 13. Contempt. - The court may after hearing punish
the respondent who refuses or unduly delays the filing of a
return, or who makes a false return, or any person who
disobeys or resists a lawful process or order of the court
for indirect contempt under Rule 71 of the Rules of Court.
Section 14. Submission of case for decision; filing of
memoranda. - After hearing, the court shall issue an order
submitting the case for decision. The court may require the
filing of memoranda and if possible, in its electronic form,
within a non-extendible period of thirty (30) days from the
date the petition is submitted for decision.
Section 15. Judgment. - Within sixty (60) days from the
time the petition is submitted for decision, the court shall
render judgment granting or denying the privilege of the
writ of kalikasan.
The reliefs that may be granted under the writ are the
following:
(a) Directing respondent to permanently cease and desist
from committing acts or neglecting the performance of a
duty in violation of environmental laws resulting in
environmental destruction or damage;
(b) Directing the respondent public official, government
agency, private person or entity to protect, preserve,
rehabilitate or restore the environment;
(c) Directing the respondent public official, government
agency, private person or entity to monitor strict
compliance with the decision and orders of the court;
(d) Directing the respondent public official, government
agency, or private person or entity to make periodic
reports on the execution of the final judgment; and
(e) Such other reliefs which relate to the right of the people
to a balanced and healthful ecology or to the protection,
preservation, rehabilitation or restoration of the
environment, except the award of damages to individual
petitioners.
Section 16. Appeal. - Within fifteen (15) days from the date
of notice of the adverse judgment or denial of motion for
reconsideration, any party may appeal to the Supreme
Court under Rule 45 of the Rules of Court. The appeal may
raise questions of fact.
Section 17. Institution of separate actions. - The filing of a
petition for the issuance of the writ of kalikasan shall not
preclude the filing of separate civil, criminal or
administrative actions.
RULE 8
WRIT OF CONTINUING MANDAMUS
Section 1. Petition for continuing mandamus. - When any
agency or instrumentality of the government or officer
thereof unlawfully neglects the performance of an act
which the law specifically enjoins as a duty resulting from
an office, trust or station in connection with the
enforcement or violation of an environmental law rule or
regulation or a right therein, or unlawfully excludes
another from the use or enjoyment of such right and there
is no other plain, speedy and adequate remedy in the
Page 31
ordinary course of law, the person aggrieved thereby may
file a verified petition in the proper court, alleging the facts
with certainty, attaching thereto supporting evidence,
specifying that the petition concerns an environmental law,
rule or regulation, and praying that judgment be rendered
commanding the respondent to do an act or series of acts
until the judgment is fully satisfied, and to pay damages
sustained by the petitioner by reason of the malicious
neglect to perform the duties of the respondent, under the
law, rules or regulations. The petition shall also contain a
sworn certification of non-forum shopping.
Section 2. Where to file the petition. - The petition shall be
filed with the Regional Trial Court exercising jurisdiction
over the territory where the actionable neglect or omission
occurred or with the Court of Appeals or the Supreme
Court.
Section 3. No docket fees. - The petitioner shall be exempt
from the payment of docket fees.
Section 4. Order to comment. - If the petition is sufficient in
form and substance, the court shall issue the writ and
require the respondent to comment on the petition within
ten (10) days from receipt of a copy thereof. Such order
shall be served on the respondents in such manner as the
court may direct, together with a copy of the petition and
any annexes thereto.
Section 5. Expediting proceedings; TEPO. - The court in
which the petition is filed may issue such orders to
expedite the proceedings, and it may also grant a TEPO for
the preservation of the rights of the parties pending such
proceedings.
Section 6. Proceedings after comment is filed. - After the
comment is filed or the time for the filing thereof has
expired, the court may hear the case which shall be
summary in nature or require the parties to submit
memoranda. The petition shall be resolved without delay
within sixty (60) days from the date of the submission of
the petition for resolution.
Section 7. Judgment. - If warranted, the court shall grant
the privilege of the writ of continuing mandamus requiring
respondent to perform an act or series of acts until the
judgment is fully satisfied and to grant such other reliefs as
may be warranted resulting from the wrongful or illegal
acts of the respondent. The court shall require the
respondent to submit periodic reports detailing the
progress and execution of the judgment, and the court may,
by itself or through a commissioner or the appropriate
government agency, evaluate and monitor compliance. The
petitioner may submit its comments or observations on
the execution of the judgment.
Section 8. Return of the writ. - The periodic reports
submitted by the respondent detailing compliance with the
judgment shall be contained in partial returns of the writ.
Upon full satisfaction of the judgment, a final return of the
writ shall be made to the court by the respondent. If the
court finds that the judgment has been fully implemented,
the satisfaction of judgment shall be entered in the court
docket.
PART IV
CRIMINAL PROCEDURE
Miscellaneous Provisional Remedies
RULE 9
PROSECUTION OF OFFENSES
Section 1. Who may file. - Any offended party, peace officer
or any public officer charged with the enforcement of an
environmental law may file a complaint before the proper
officer in accordance with the Rules of Court.
Section 2. Filing of the information. - An information,
charging a person with a violation of an environmental law
and subscribed by the prosecutor, shall be filed with the
court.
Section 3. Special prosecutor. - In criminal cases, where
there is no private offended party, a counsel whose
services are offered by any person or organization may be
allowed by the court as special prosecutor, with the
consent of and subject to the control and supervision of the
public prosecutor.
RULE 10
PROSECUTION OF CIVIL ACTIONS
Section 1. Institution of criminal and civil actions. - When a
criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged,
shall be deemed instituted with the criminal action unless
the complainant waives the civil action, reserves the right
to institute it separately or institutes the civil action prior
to the criminal action.
Unless the civil action has been instituted prior to the
criminal action, the reservation of the right to institute
separately the civil action shall be made during
arraignment.
In case civil liability is imposed or damages are awarded,
the filing and other legal fees shall be imposed on said
award in accordance with Rule 141 of the Rules of Court,
and the fees shall constitute a first lien on the judgment
award. The damages awarded in cases where there is no
private offended party, less the filing fees, shall accrue to
the funds of the agency charged with the implementation
of the environmental law violated. The award shall be used
for the restoration and rehabilitation of the environment
adversely affected.
RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A peace
officer or an individual deputized by the proper
government agency may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be arrested has
committed, is actually committing or is attempting to
commit an offense; or
(b) When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it. Individuals deputized by the proper
government agency who are enforcing environmental laws
shall enjoy the presumption of regularity under Section
3(m), Rule 131 of the Rules of Court when effecting arrests
for violations of environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest issued
Page 32
by the court shall be accompanied by a certified true copy
of the information filed with the issuing court.
RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS,
EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS
Section 1. Custody and disposition of seized items. - The
custody and disposition of seized items shall be in
accordance with the applicable laws or rules promulgated
by the concerned government agency.
Section 2. Procedure. - In the absence of applicable laws or
rules promulgated by the concerned government agency,
the following procedure shall be observed:
(a) The apprehending officer having initial custody and
control of the seized items, equipment, paraphernalia,
conveyances and instruments shall physically inventory
and whenever practicable, photograph the same in the
presence of the person from whom such items were seized.
(b) Thereafter, the apprehending officer shall submit to the
issuing court the return of the search warrant within five
(5) days from date of seizure or in case of warrantless
arrest, submit within five (5) days from date of seizure, the
inventory report, compliance report, photographs,
representative samples and other pertinent documents to
the public prosecutor for appropriate action.
(c) Upon motion by any interested party, the court may
direct the auction sale of seized items, equipment,
paraphernalia, tools or instruments of the crime. The court
shall, after hearing, fix the minimum bid price based on the
recommendation of the concerned government agency.
The sheriff shall conduct the auction.
(d) The auction sale shall be with notice to the accused, the
person from whom the items were seized, or the owner
thereof and the concerned government agency.
(e) The notice of auction shall be posted in three
conspicuous places in the city or municipality where the
items, equipment, paraphernalia, tools or instruments of
the crime were seized.
(f) The proceeds shall be held in trust and deposited with
the government depository bank for disposition according
to the judgment.
RULE 13
PROVISIONAL REMEDIES
Section 1. Attachment in environmental cases. - The
provisional remedy of attachment under Rule 127 of the
Rules of Court may be availed of in environmental cases.
Section 2. Environmental Protection Order (EPO);
Temporary Environmental Protection Order (TEPO) in
criminal cases. - The procedure for and issuance of EPO
and TEPO shall be governed by Rule 2 of these Rules.
RULE 14
BAIL
Section 1. Bail, where filed. - Bail in the amount fixed may
be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with any
Miscellaneous Provisional Remedies
regional trial judge, metropolitan trial judge, municipal
trial judge or municipal circuit trial judge in the province,
city or municipality. If the accused is arrested in a province,
city or municipality other than where the case is pending,
bail may also be filed with any Regional Trial Court of said
place, or if no judge thereof is available, with any
metropolitan trial judge, municipal trial judge or municipal
circuit trial judge therein. If the court grants bail, the court
may issue a hold-departure order in appropriate cases.
Section 2. Duties of the court. - Before granting the
application for bail, the judge must read the information in
a language known to and understood by the accused and
require the accused to sign a written undertaking, as
follows:
(a) To appear before the court that issued the warrant of
arrest for arraignment purposes on the date scheduled,
and if the accused fails to appear without justification on
the date of arraignment, accused waives the reading of the
information and authorizes the court to enter a plea of not
guilty on behalf of the accused and to set the case for trial;
(b) To appear whenever required by the court where the
case is pending; and
(c) To waive the right of the accused to be present at the
trial, and upon failure of the accused to appear without
justification and despite due notice, the trial may proceed
in absentia.
RULE 15
ARRAIGNMENT AND PLEA
Section 1. Arraignment. - The court shall set the
arraignment of the accused within fifteen (15) days from
the time it acquires jurisdiction over the accused, with
notice to the public prosecutor and offended party or
concerned government agency that it will entertain plea-
bargaining on the date of the arraignment.
Section 2. Plea-bargaining. - On the scheduled date of
arraignment, the court shall consider plea-bargaining
arrangements. Where the prosecution and offended party
or concerned government agency agree to the plea offered
by the accused, the court shall:
(a) Issue an order which contains the plea-bargaining
arrived at;
(b) Proceed to receive evidence on the civil aspect of the
case, if any; and
(c) Render and promulgate judgment of conviction,
including the civil liability for damages.
RULE 16
PRE-TRIAL
Section 1. Setting of pre-trial conference. - After the
arraignment, the court shall set the pre-trial conference
within thirty (30) days. It may refer the case to the branch
clerk of court, if warranted, for a preliminary conference to
be set at least three (3) days prior to the pre-trial.
Section 2. Preliminary conference. - The preliminary
conference shall be for the following purposes:
(a) To assist the parties in reaching a settlement of the civil
Page 33
aspect of the case;
(b) To mark the documents to be presented as exhibits;
(c) To attach copies thereof to the records after
comparison with the originals;
(d) To ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of
documents marked as exhibits;
(e) To consider such other matters as may aid in the
prompt disposition of the case;
(f) To record the proceedings during the preliminary
conference in the Minutes of Preliminary Conference to be
signed by the parties and counsel;
(g) To mark the affidavits of witnesses which shall be in
question and answer form and shall constitute the direct
examination of the witnesses; and
(h) To attach the Minutes and marked exhibits to the case
record before the pre-trial proper. The parties or their
counsel must submit to the branch clerk of court the
names, addresses and contact numbers of the affiants.
Section 3. Pre-trial duty of the judge. - During the pre-trial,
the court shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary conference as
part of the pre-trial proceedings, confirm markings of
exhibits or substituted photocopies and admissions on the
genuineness and due execution of documents, and list
object and testimonial evidence;
(c) Scrutinize the information and the statements in the
affidavits and other documents which form part of the
record of the preliminary investigation together with other
documents identified and marked as exhibits to determine
further admissions of facts as to:
i. The courts territorial jurisdiction relative to the
offense(s) charged;
ii. Qualification of expert witnesses; and
iii. Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates and
adhere to the flow chart determined by the court which
shall contain the time frames for the different stages of the
proceeding up to promulgation of decision;
(f) Require the parties to submit to the branch clerk of
court the names, addresses and contact numbers of
witnesses that need to be summoned by subpoena; and
(g) Consider modification of order of trial if the accused
admits the charge but interposes a lawful defense.
Section 4. Manner of questioning. - All questions or
statements must be directed to the court.
Miscellaneous Provisional Remedies
Section 5. Agreements or admissions. - All agreements or
admissions made or entered during the pre-trial
conference shall be reduced in writing and signed by the
accused and counsel; otherwise, they cannot be used
against the accused. The agreements covering the matters
referred to in Section 1, Rule 118 of the Rules of Court shall
be approved by the court.
Section 6. Record of proceedings. - All proceedings during
the pre-trial shall be recorded, the transcripts prepared
and the minutes signed by the parties or their counsels.
Section 7. Pre-trial order. - The court shall issue a pre-trial
order within ten (10) days after the termination of the pre-
trial, setting forth the actions taken during the pre-trial
conference, the facts stipulated, the admissions made,
evidence marked, the number of witnesses to be presented
and the schedule of trial. The order shall bind the parties
and control the course of action during the trial.
RULE 17
TRIAL
Section 1. Continuous trial. - The court shall endeavor to
conduct continuous trial which shall not exceed three (3)
months from the date of the issuance of the pre-trial order.
Section 2. Affidavit in lieu of direct examination. - Affidavit
in lieu of direct examination shall be used, subject to cross-
examination and the right to object to inadmissible
portions of the affidavit.
Section 3. Submission of memoranda. - The court may
require the parties to submit their respective memoranda
and if possible, in electronic form, within a non-extendible
period of thirty (30) days from the date the case is
submitted for decision.
With or without any memoranda filed, the court shall have
a period of sixty (60) days to decide the case counted from
the last day of the 30-day period to file the memoranda.
Section 4. Disposition period. - The court shall dispose the
case within a period of ten (10) months from the date of
arraignment.
Section 5. Pro bono lawyers. - If the accused cannot afford
the services of counsel or there is no available public
attorney, the court shall require the Integrated Bar of the
Philippines to provide pro bono lawyers for the accused.
RULE 18
SUBSIDIARY LIABILITY
Section 1. Subsidiary liability. - In case of conviction of the
accused and subsidiary liability is allowed by law, the court
may, by motion of the person entitled to recover under
judgment, enforce such subsidiary liability against a
person or corporation subsidiary liable under Article 102
and Article 103 of the Revised Penal Code.
RULE 19
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN
CRIMINAL CASES
Section 1. Motion to dismiss. - Upon the filing of an
information in court and before arraignment, the accused
may file a motion to dismiss on the ground that the
criminal action is a SLAPP.
Page 34
Section 2. Summary hearing. - The hearing on the defense Section 2. Application of the Rules of Court. - The Rules of
of a SLAPP shall be summary in nature. The parties must Court shall apply in a suppletory manner, except as
submit all the available evidence in support of their otherwise provided herein.
respective positions. The party seeking the dismissal of the
case must prove by substantial evidence that his acts for
the enforcement of environmental law is a legitimate
action for the protection, preservation and rehabilitation of
the environment. The party filing the action assailed as a
SLAPP shall prove by preponderance of evidence that the
action is not a SLAPP.

Section 3. Resolution. - The court shall grant the motion if

the accused establishes in the summary hearing that the
criminal case has been filed with intent to harass, vex,
exert undue pressure or stifle any legal recourse that any
person, institution or the government has taken or may
take in the enforcement of environmental laws, protection
of the environment or assertion of environmental rights.

If the court denies the motion, the court shall immediately

proceed with the arraignment of the accused.

PART V
EVIDENCE

RULE 20
PRECAUTIONARY PRINCIPLE

Section 1. Applicability. - When there is a lack of full

scientific certainty in establishing a causal link between
human activity and environmental effect, the court shall
apply the precautionary principle in resolving the case
before it.

The constitutional right of the people to a balanced and

healthful ecology shall be given the benefit of the doubt.

Section 2. Standards for application. - In applying the

precautionary principle, the following factors, among
others, may be considered: (1) threats to human life or
health; (2) inequity to present or future generations; or (3)
prejudice to the environment without legal consideration
of the environmental rights of those affected.

RULE 21
DOCUMENTARY EVIDENCE

Section 1. Photographic, video and similar 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 shall
be admissible when authenticated by the person who took
the same, by some other person present when said
evidence was taken, or by any other person competent to
testify on the accuracy thereof.

Section 2. Entries in official records. - 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.

RULE 22
FINAL PROVISIONS

Section 1. Effectivity. - These Rules shall take effect within

fifteen (15) days following publication once in a
newspaper of general circulation.
Miscellaneous Provisional Remedies Page 35