EXECUTION OF JUDGMENT
IN ENVIRONMENTAL CASES:
THE PHILIPPINE SETTING
PRESBITERO J. VELASCO, JR.
Associate Justice
Supreme Court of the Philippines
Execution in environmental
cases, Philippine setting
Execution –– fruit of litigation
Execution in environmental
cases, Philippine setting
Writ of execution –– ordering sheriff to
enforce judgment
Specific act in decision can be done by
other person at expense of losing party
may be cited in contempt
Sheriff to report on execution
Execution in environmental
cases, Philippine setting
Special Rules
Automatic discretionary execution
Other agency to monitor execution
Commissioner to execute
Violator to submit program of
rehabilitation to be shouldered by
gain or contribute to a special trust
fund
Execution in environmental
cases, Philippine setting
Writ of Kalikasan (Nature) or Continuing
Mandamus
Execution – remand to Regional Trial
Court or RTC
Supreme Court or Court of Appeals has no
sheriff
Execution in environmental
cases, Philippine setting
Supreme Court can execute own decision
under Philippine Constitution
Created Manila Bay Advisory Committee
to execute decision
Held regular meetings
Agencies use reporting form with key
performance indicators and deadlines
Execution in environmental
cases, Philippine setting
February
15,
2011
Resolution
prescribing time frames challenged —
intrusion into executive branch
Execution in environmental
cases, Philippine setting
Resolution proper and constitutional:
1. Part of execution of final decision
2. Rules of Court allows execution of
what is actually and necessarily
included in the decision
Supreme Court retains jurisdiction until
decision is fully satisfied
Execution in environmental
cases, Philippine setting
Most agencies – on track
President Aquino set aside billions
of pesos for relocation of informal
settlers
Execution in environmental
cases, Philippine setting
Causes of delay
1. No permanent unit in Department of
Environment and Natural Resources to
oversee execution;
2. Lack of personnel in Local Government
Units or LGUs;
3. LGUs are not parties;
4. Lack of sites for waste water treatment
facilities and for informal settlers;
5. Lackluster community support re waste
disposal.
Execution in environmental
cases, Philippine setting
Supreme Court restrains use of
contempt power
 Cooperation and collaboration:
best approach in execution
Execution in environmental
cases, Philippine setting
Restoration and preservation of Manila
Bay’s water quality – extremely
difficult undertaking