Special trust fund re writ of kalikasan
Under Sec. 1, Rule 5 of the Rules of Procedure for Environmental Cases, a trust
fund is limited solely for the purpose of rehabilitating or restoring the environment. Said proviso pertinently provides:
Furthermore, Sec. 15(e), Rule 7 of the Rules of Procedure for Environmental
Cases expressly prohibits the grant of damages to petitioners in a petition
for the issuance of a writ of kalikasan, viz:
SEC. 1. Reliefs in a citizen suit. – If warranted, the court may grant to the plaintiff proper reliefs which shall include the protection, preservation or rehabilitation of the environment and the payment of attorney’s fees, costs of suit and other litigation expenses. It may also require the violator to submit a program of rehabilitation or restoration of the environment, the costs of which shall be borne by the violator, or to contribute to a special trust fund for that purpose subject to the control of the court. (emphasis supplied)
Furthermore, Sec. 15(e), Rule 7 of the Rules of Procedure for Environmental
Cases expressly prohibits the grant of damages to petitioners in a petition
for the issuance of a writ of kalikasan, viz:
Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted for decision, the court shall render judgment granting or denying the privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are the following:
x x x x
(e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection, preservation, rehabilitation or restoration of the environment, except the award of damages to individual petitioners.
