Writ of Kalikasan and Writ of Continuing Mandamus

What is a Writ of Kalikasan?

It is a remedy available to a natural or juridical person, entity authorized by law, peoples organizations, 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 without involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.
What is the basis of the Writ of Kalikasan?
It rests in Article II, Section 16 on the Declaration of Principles and State Policies of the 1987 Constitution, which states that, The State shall protect and advance the right
of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
What is the important feature of this writ?
The magnitude requirement with regards to the destruction or imminent destruction which is sought to be prevented must be present.
What is a Writ of Continuing Mandamus?
It is 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. It is filed by one who is personally aggrieved. (Contributor, Ihra Faith C Magno)
Summary of difference and similarities of Writ of Kalikasan and Writ of Continuing Mandamus
Writ of Kalikasan Writ of Continuing Mandamus
Subject Matter Unlawful act or omission; life health or property Neglect or exclusion; law, rule or right
Any person or representative /agent
Petitioner (PO/NGO/Public Interest Group) One who is personally aggrieved
Respondent Public or private entity or individual Government or officers
Temporary Environmental Protection
Order (TEPO) Ancillary remedy Ancillary remedy
Venue Supreme Court or Court of Appeals Supreme Court, CA or RTC
Discovery Measures Ocular inspection or production of documents No enumeration
Damages None; separate suit Allow damages for malicious neglect of duty