A Writ of Kalikasan is a

legal remedy A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its ...

under

Philippine The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...

law that provides protection of one's constitutional

right to a healthy environment The right to a healthy environment or the right to a sustainable and healthy environment is a human right advocated by human rights organizations and environmental organizations to protect the ecological systems that provide human health. The rig ...

, as outlined in Section 16, Article II of the

Philippine Constitution The Constitution of the Philippines ( Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippine ...

, 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." ''Kalikasan'' is a Filipino word for "

nature Nature, in the broadest sense, is the physics, physical world or universe. "Nature" can refer to the phenomenon, phenomena of the physical world, and also to life in general. The study of nature is a large, if not the only, part of science. ...

". The writ is comparable to the

writ of amparo In most legal systems of the Spanish-speaking world, the writ of ("writ of protection"; also called , "appeal for protection", or , "judgement for protection") is a remedy for the protection of constitutional rights, found in certain jurisdicti ...

and the

writ of habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

. In contrast, this writ protects one's right for a healthy environment rather than constitutional rights. The Writ of Kalikasan originated in the Philippines, whereas the two aforementioned writs have roots in European and Latin American law.

History

Provision for the Writ of Kalikasan was written in 2010 by the

Supreme Court of the Philippines The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on Ju ...

under Rule 7 of the Rules of Procedure for Environmental Cases as a Special Civil Action. The Supreme Court under Chief Justice

Reynato Puno Reynato Puno y Serrano, KGCR (Filipino: ''Reynato Serrano Puno''; born May 17, 1940) is a Filipino jurist. He served as the 22nd Chief Justice of the Supreme Court of the Philippines from December 8, 2006 by President Gloria Macapagal Arroyo unt ...

took the initiative and issued Rules of Procedure for Environmental Case because Section 16, Article II of the Philippines' 1986 Constitution was not a self-executing provision.

Cases

The Writ of Kalikasan may be sought to deal with environmental damage of such magnitude that it threatens life, health, or property of inhabitants in two or more cities or provinces.Access to Justice : Human Rights Abuses Involving Corporations
International Commission of Jurists, p. 17, . In September 2014, the Supreme Court of the Philippines ruled unanimously against issuing a Writ of Kalikasan against the

United States Government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...

over the grounding of the USS Guardian on the

Tubbataha Reef The Tubbataha Natural Park, also known as the Tubbataha Reefs Natural Park ( fil, Bahurang Tubbataha), is a protected area of the Philippines located in the middle of the Sulu Sea. The marine and bird sanctuary consists of two huge atolls (name ...

in 2013.

References

Law of the Philippines Constitutional law Kalikasan Environmental justice Presidency of Gloria Macapagal Arroyo Right to a healthy environment {{Philippines-stub

History

Cases

See also

References