Writ of kalikasan vs. writ of continuing mandamus

As to the subject matter:

The WRIT OF KALIKASAN is available against 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.

The WRIT OF CONTINUING MANDAMUS is directed against [a] the unlawful neglect in the performance of an act specifically enjoined by law in connection with the enforcement/ violation of an envt’l rule or [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.

As to who may file:

The following can file a petition for WRIT OF KALIKASAN: [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.

Only persons personally aggrieved by the unlawful act or omission may ask from a WRIT OF CONTINUING MANDAMUS.

As to who the respondent is:

The respondent in a petition for WRIT OF KALIKASAN may be public or private individual or entity.

In a petition for WRIT OF CONTINUING MANDAMUS, the respondent may be the Government or its officers.

As to payment of docket fees:

Both are exempt from payment of docket fees.

As to venue:

A petition for WRIT OF KALIKASAN may be filed with the Supreme Court or the Court of Appeals.

A petition for WRIT OF CONTINUING MANDAMUS may be filed with the Regional Trial Court exercising territorial jurisdiction, or the Court of Appeals, or the Supreme Court.

As to use of discovery measures:

The rule on WRIT OF KALIKASAN mentions ocular inspection and production or inspection order.

The rule on CONTINUING MANDAMUS mentions no discovery measures.

As to award of damages:

Award of damages is allowed under the rule on CONTINUING MANDAMUS.

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