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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."
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.
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]
[6] [7] In 2008 it rewrote libel guidelines, reducing penalties. [2]: 364 Environmental protections were further enhanced through the approval of the writ of kalikasan in 2010, which provided protections against extreme environmental damage. [8]: 17 [9]: 128 [10] Both of these writs came with a provision that removed filing fees.
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Writ of Kalikasan This page was last edited on 10 October 2024, at 13:43 (UTC). Text is available under the Creative Commons Attribution-ShareAlike 4.0 License ...