1. Approaches in environmental protection as explained by the SC in its rationale to the Rules Environmental Cases.

i. Antropocentric Approach – the goal of preserving the environment is to satisfy the health, aesthetic and economic interests
of man. Man’s primary interest is that there are sufficient resources to exploit for consumption. Thus, at the breaking point of
realizing the limit of resources, man is forced to consider preserving nature to the extent that it could provide for enough
resources to last his lifetime. The glaring repercussion of this approach is that the subsistence of our ecosystems would be
endangered. In all likelihood, the rate of exploitation would far exceed the rate of protection, and indifference to protection is
exacerbated by the presence of sufficient resources for the time being. Accordingly, along the abovementioned spectrum of
competing interests, the anthropocentric approach would lie on the end favoring economic interests.

ii. Ecocentric Approach – an extreme manifestation of ecological protection, the antithesis of the anthropocentric approach,
where economic and environmental interests are at odds. Under this approach, plants and animals themselves have legal
rights. The obvious trouble with strictly applying this approach is that man may be impeded from exploiting natural resources
for his survival. As with the anthropocentric approach, heavily favoring one interest over another, in this case environment
over economy, could produce absurd results for social and economic development.

iii. Sustainability Principle (Approach??) – seeks to strike a delicate balance between the competing interests of economic
exploitation (and thus economic development) and environmental protection. It espouses a system in which man can exploit
resources for his benefit without destroying the environment in such a way that future generations cannot meet their own
needs. In other words, sustainability seeks to protect posterity, or inter-generational equity. Sustainability requires that
renewable resources be exploited at a rate that allows for its continuing usage and availability in the future without decline.
Sustainability also requires non-renewable resources be used as efficiently as possible. In sum, the aim of this principle is to
demand optimal management of environmental resources. Taking the main elements of other approaches and disciplines such
as ecology, sustainability appears to be the ideal principle upon which legal regimes protecting the environment should be
based.

a. Polluter-pays Principle – It requires the polluter to internalize the costs associated with causing pollution. Based on an
economic theory of externalities, polluters can produce goods or services while causing harm to the environment, but
the prices of such goods and services do not reflect the environmental costs. When the polluter is made to pay, the
 polluter takes responsibility for all the costs arising from pollution, but is considered incomplete when part of the cost
is shifted to the community as a whole. Implementation of this principle occurs in two main methods: taxation that
corresponds to the estimated economic value of the environmental damage, and regulatory standards to prohibit or
limit the damage associated with an economic activity. These methods ensure that the price of products and services
more accurately reflect the total cost for producing the same, where the effect on the environment is also factored into
the equation.

b. Prevention Principle – looks to stop environmental damage before it occurs and is critical where such potential damage
may be irreversible. There are several methods in implementing the prevention principle. One common way is through
the issuance of permits or authorizations that set out the conditions for administrative controls and criminal penalties
where appropriate. The permits are highly specific and set standards that dictate the means of operation, quantities
and concentrations of pollutants that may be discharged, as well as what type of security measures must be put in place
by the permit holder for the duration of the permit. Prevention can also be linked to areas which are not directly related
to environmental protection, such as civil liability, environmental taxation and criminal law.

c. Precautionary Principle – Given the general sphere of uncertainty encompassing environmental science, protection
and regulation, the newer approach of precaution looks to transcend the standards of prevention and instead address
potential harm even with minimal predictability at hand. To adopt the precautionary principle is to accede to the notion
that taking action before the risk becomes known is the more prudent approach to environmental protection today.

As explained in a subsequent section, the Supreme Court has adopted the precautionary principle recognizing that the
consideration of scientific uncertainty plays a crucial role in environmental litigation. To do so would be to give
environmental plaintiffs a better chance of proving their cases, where the risks of environmental harm may not easily
be proven.

Two Main Approaches of Environmental Law:

i. TRADITIONAL Approach
 Three main purposes for environmental law under the traditional approach:

1. Protecting the safety and health of human beings from harm and the risk of potential or impending harm;
2. assuring the general welfare of man (protection against nuisance, fulfillment of recreational and esthetic needs, etc.);
and

3. protecting economic interests (especially in the fields of agriculture, forestry, fish farming, energy production and
drinking water supply) from detrimental effects of pollution.

These purposes reflect important qualities: protecting man from environmental harm and protecting the environment in such
a way that man’s interests (e.g. economic, esthetic) are not impeded. The qualities reveal shades of the anthropocentric
approach.

ii. RESOURCE-ECONOMICAL and ECOLOGICAL Approach

Under this approach, the economic and esthetic interests of man are protected, but also tempered with the protection of the
environment through sustainable use and optimal management of resources.36 In contrast to the traditional approach, the
modern resource-economical and ecological approach reflects the sustainability principle. In this regard, the survival of future
generations is vital, demanding that environmental protection be done in such a manner that guarantees sustainable use of
natural resources.

2. Definition of the terms used in the Envi Rules.

a) By-product or Derivatives – any part taken or substance extracted from wildlife, in raw or in processed form including stuffed
animals and herbarium specimens.

b) Consent Decree – a judicially-approved settlement between concerned parties based on public interest and public policy to
protect and preserve the environment.
 c) Continuing Mandamus – 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 – 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 – 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) – 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.

3. Provisional remedies of TEPO.

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.

4. Distinction between defenses in Civil SLAPP and Criminal SLAPP

The main difference between defenses in civil and criminal SLAPPs is the timing of when the defense is invoked:

Civil SLAPP – A defendant can invoke a SLAPP defense in a civil damages or defamation suit.

Criminal SLAPP – A defendant must invoke a SLAPP defense in the same action and before the same court. The accused can also
file a motion for judicial determination of the complaint or information as a SLAPP within a reasonable period of time.
5. Difference between Writ of Kalikasan and Continuing Mandamus

Writ of KALIKASAN Writ of CONTINUING MANDAMUS

Available against an unlawful act or omission of a Directed against (agency or instrumentality of the
public official or employee, or private individual or government or officer thereof):
entity, on behalf of persons whose constitutional
right to a balanced and healthful ecology is violated, a. The unlawful neglect in the performance of an
involving environmental damage of such magnitude act specifically enjoined by law in connection
as to prejudice the life, health or property of with the enforcement/ violation of an
inhabitants in two or more cities or provinces. environmental rule.

b. The unlawfully exclusion of another from the

use or enjoyment of such right and in both
instances, there is no other plain, speedy and
adequate remedy in the ordinary course of
law.

The following can file this petition: Only persons personally aggrieved by the unlawful act
or omission may file for this petition.
1. Natural and Juridical persons;

2. Entities authorized by law; and public

organizations, non-government organizations
and public interest groups on behalf of
persons whose right to a balanced and
healthful ecology is violated or threatened to
be violated.

The respondent may be public or private individual or The respondent may be the Government or its
entity. officers.
 Exempt from
payment of docket
fees.
Filed with the Supreme Court or the Court of Appeals. Filed with the Regional Trial Court exercising
territorial jurisdiction, or the Court of Appeals, or the
Supreme Court.
Discovery Measures: No mention of discovery measures.

Ocular inspection and Production or Inspection order

No award for Damages may be granted. Damages can be awarded.

6. The concepts of suitable person, an amicus curiae, special prosecutor

a) Suitable Person – Service by a suitable person: The “suitable person” indicated in the first paragraph of this section is required
to perform the duties of a sheriff. The role is also similar to that of a process server. The next paragraph imposes the duties
and responsibilities of an officer of the court on a private person authorized or deputized to serve summons.

b) Amicus Curiae – A person or organization that is not a party to a lawsuit but is allowed to advise the court on a point of law or
fact. According to Section 6(l) of Rule 3, if there is a failure to settle of no full settlement, the judge shall determine the necessity
of engaging the services of a qualified expert as a friend of the court (amicus curiae).

Amicus curiae. The engagement of an amicus curiae involves a prior determination by the court that the person summoned is
an expert. There is no requirement that the amicus curiae be qualified as an expert. In selecting an expert, the court may take
into consideration, in addition to or in lieu of formal education the expert’s skill, experience and other factors. The expert,
however, is subject to cross examination.

c) Special Prosecutor – In criminal cases (environmental??), 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.
 Special prosecutor. This provision aims to encourage public participation in criminal litigation by permitting the appearance of
a special prosecutor. Unlike the general rule subsisting under the Rules of Criminal Procedure, this provision recognizes the
possibility of intervention from a special prosecutor even in the absence of a private offended party. The special prosecutor
complements the public prosecutor in advancing public interest in environmental cases.
In deference to the executive department’s prerogative to prosecute cases, the intervention by the special prosecutor shall be
subject to the consent and control of the public prosecutor.

This provision thus applies to those instances of “victimless offenses,” where there is no private offended party who has a
direct or material interest to prosecute a criminal action. Most environmental cases involve violations of environmental law
or damage to the environment without an injured private person (i.e. dynamite fishing in marine sanctuaries, illegal logging in
forests, etc…). These situations are likened to public interest environmental litigation prevalent in foreign jurisdictions where
it is usually a concerned people’s organization, non-governmental organization or citizen’s group that pursues the criminal
case.

7. The use of consent decree and its limitations.

It is a judicially-approved settlement between concerned parties based on public interest and public policy to protect and preserve
the environment. 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 (Sec. 5, 2nd Par., Rule 3).

Here the limitations of a consent decree:

 Judicial approval: A consent decree must be approved by a court and can be enforced through a court order.
 Public interest: Consent decrees are used in environmental cases to emphasize the public interest and encourage the parties
to resolve the litigation quickly.
 Effectiveness: A consent decree remains effective until the judgment is fully satisfied.

Consent decree. The designation of a consent decree as a mode of settlement gives emphasis to the public interest aspect in
environmental cases and encourages the parties to expedite the resolution of litigation. A consent decree derives its contractual nature
from the fact of their being entered into by the parties themselves through which they arrive at a certain compromise with respect to
the issues involved in the case, whereas their judicial feature is acquired through the approval of the court. It has a number of
advantages:
(1) It encourages the parties (the government and the violators) to come up with comprehensive, mutually acceptable solutions to the
environmental problem, and since the agreement was arrived at voluntarily, there is a greater possibility of actual compliance;

(2) It is open to public scrutiny;

(3) It allows the parties to address issues other than those presented to the court; and

(4) It is still subject to judicial approval and can be enforced through a court order.

8. Difference between an ordinary environmental civil action and citizen's suit.

Ordinary Environmental Civil Action – the real party interest must always be impleaded. Real party in interest – The phrase “real party
in interest” in this provision retains the same meaning under the Rules of Civil Procedure and jurisprudence. It must be understood,
however, in conjunction with the nature of environmental rights, which are enjoyed in general by all individuals. Under this section,
both a Filipino citizen and an alien can file a suit so long as they are able to show direct and personal injury.

Citizen’s 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.

To further encourage the protection of the environment, the Rules enable litigants enforcing environmental rights to file their cases
as citizen suits. This provision liberalizes standing for all cases filed enforcing environmental laws and collapses the traditional rule on
personal and direct interest, on the principle that humans are stewards of nature. The terminology of the text reflects the doctrine
first enunciated in Oposa v. Factoran, insofar as it refers to minors and generations yet unborn.
While the Rules liberalize the requirements for standing, in the case of non-government organizations (NGOs) and people’s
organizations (POs), proof of their juridical personality (i.e. accreditation, recognition or registration) given the relative ease by which
a number of groups can loosely organize and label themselves as NGOs or POs. The same proof of juridical personality is also required
in a petition for a writ of kalikasan.

Unlike the previous section on real party in interest, Sec. 5 is a suit limited to Filipino citizens and one that is filed in the public interest
hence, no proof of personal injury is required. A Filipino citizen may be an individual or a corporation so long as the requirements of
Philippine citizenship are complied with. The reliefs that may be awarded in a citizen suit are discussed in Rule 5, Sec. 1, infra.
As a procedural device, citizen suits permit deferment of payment of filing fees until after the judgment.

The provision permits the plaintiff to publish the order containing a brief description of the action in order to allow other persons to
join as co-plaintiffs and to sufficiently apprise the judge of persons interested to join as such, consistent with the public character of
the citizen suit. This adopts the features of the general rule on publication found in cases in rem, and is meant to reflect the distinct
nature of environmental cases. In this Rule, however, publication is permissive and non-jurisdictional and is meant only to encourage
public participation.

Citizen suits may be filed for all types of environmental cases. In deference to the legislature, however, the provision adds as a caveat
that citizen suits under the Clean Air Act of 1999) and the Ecological Solid Waste Management Act of 2000 shall be governed by their
respective provisions.

A person who suffers damage or injury arising from an environmental prejudice which is also the same subject of a citizen suit can file
a separate action under this section to recover for his personal injury. In this instance, a citizen suit can take place simultaneously
with the filing of an individual complaint.

9. Prohibited pleadings and motions in Envi cases.

a. Motion to dismiss;
b. Motion for extension of time to file return;
c. Motion for postponement;
 d. Motion for a bill of particulars;
e. Counterclaim or cross-claim;
f. Third-party complaint;
g. Reply; and
h. Motion to declare respondent in default.

10. Period to file responsive pleadings, i.e. answer/comment in envi civil actions or citizen's suit, return in writ of kalikasan and
continuing mandamus.

(Rule 2) 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.

(Writ of Kalikasan) 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.

(Writ of Continuing Mandamus) 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.

(Writ of Continuing Mandamus) 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.

(Writ of Continuing Mandamus) 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.

11. Procedure in the custody and disposition of seized items under the envi criminal procedure.

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.

12. Prescribed periods in reservation of civil aspect in criminal case and arraignment of the accused in envi criminal case.

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 (Section 1, 2nd Par., Rule 10).

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.

13. Duties to be complied by the Judge before granting bail (Rule 14, Sec. 2)

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.

14. Arraignment in absentia why allowed.

Execution of undertaking by the accused. A key innovation in this section is the execution of an undertaking by the accused and counsel,
empowering the judge to enter a plea of not guilty, in the event the accused fails to appear at the arraignment. This authorization
permits the court to try the case in absentia, within the period provided under these Rules. This addresses a fundamental concern
surrounding the prosecution of criminal cases in general, where the accused jumps bail and the court unable to proceed with the
disposition of the case in view of the absence of the accused and the failure to arraign the latter.

15. Application of precautionary principle

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.

16. Rules in the authentication of photos and videos in evidence and treatment of the entries in official records used as evidence.

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.

17. When subsidiary liability may arise.

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.

(RPC) Article 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. - In default of the persons
criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be civilly liable for crimes committed in their
establishments, in all cases where a violation of municipal ordinances or some general or special police regulation shall have been
committed by them or their employees.

Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging
therein, or for the payment of the value thereof, provided that such guests shall have notified in advance the innkeeper himself, or
the person representing him, of the deposit of such goods within the inn; and shall furthermore have followed the directions which
such innkeeper or his representative may have given them with respect to the care and vigilance over such goods. No liability shall
attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees.

(RPC) Article 103. Subsidiary civil liability of other persons. - The subsidiary liability established in the next preceding article shall also
apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants,
pupils, workmen, apprentices, or employees in the discharge of their duties.
18. Provisional remedies allowed in writ of kalikasan and ground for their allowance.

Attachment –
1. Accused is about to abscond.
2. Accused is public officer and the case is based on a claim of misuse, embezzlement of public funds.
3. Accused has disposed of, concealed or removed his property or is about to do so.
4. Accused resides outside of the Philippines.

19. Threshold in envi damage or threat to qualify for writ of kalikasan.

Extraordinary remedy. The underlying emphasis in the Writ of Kalikasan is magnitude as it deals with damage that transcends political
and territorial boundaries. Magnitude is thus measured according to the qualification set forth in this Rule — when there is
environmental damage that prejudices the life, health or property of inhabitants in two or more cities or provinces.