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A Writ of Kalikasan is a legal remedy under Philippine law that provides protection of one's constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, 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."
The writ is comparable to the writ of amparo and the writ of habeas corpus. [79] In contrast, this writ protects one's right for a healthy environment rather than constitutional rights. [80] The Writ of Kalikasan originated in the Philippines, whereas the two aforementioned writs have roots in European and Latin American law. [79]
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
Pages in category "Law of the Philippines" The following 32 pages are in this category, out of 32 total. ... Writ of Kalikasan This page was last ...
On June 30, 2016, the newly elected governor of the Province of Zambales issued Executive Order Number 1, ordering all mining companies to stop operation.This came after the Supreme Court of the Philippines issued Writ of Kalikasan against five large-scale mining companies.
The Knights suggested that the Supreme Court should create a "Writ of Pamana" ("heritage") or "Writ of Kasaysayan" ("history") similar to the existing "Writ of Kalikasan" ("nature") as a special legal remedy to enable quicker action on the part of the Supreme Court to protect the country's heritage. [14]
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Oposa v. Factoran, G.R. No. 101083, 224 S.C.R.A. 792 (1993), alternatively titled Minors Oposa v.Factoran or Minors Oposa, is a landmark decision of the Supreme Court of the Philippines recognizing the doctrine of intergenerational responsibility on the environment in the Philippine legal system.