How to Obtain a Copy of a Writ of Kalikasan in the Philippines
A practical guide for lawyers, litigants, academics, journalists, NGOs, LGUs, and affected communities
At a glance
- Identify the issuing court (Supreme Court en banc or Court of Appeals).
- Determine the document type you need (order/writ, petition, return of writ, resolutions, annexes, rollo).
- Choose an access route:
- Official case records – through the Office of the Clerk of Court (OCC) that keeps the rollo.
- Certified court copy – via a written request with docket details and payment of certification and photocopy fees.
- Electronic copy – through the Supreme Court Electronic Filing & Service (eFS) portal or the Judiciary Electronic Payment Solution (JEPS) when available.
- Library/repository copy – Supreme Court Library and e-Library for published decisions.
- FOI route – Supreme Court Freedom of Information (SC-FOI) program for non-sensitive pleadings.
- Pay the required fees, present valid ID or SPA, and schedule pickup or request mailing/email.
1. Legal Framework
Source | Key Points |
---|---|
A.M. No. 09-6-8-SC, “Rules of Procedure for Environmental Cases” (effective 29 April 2010) | ● §§5-8: Creation of the Writ of Kalikasan. ● §9: Contents; directed to public officials/private entities. |
1987 Constitution | ● Art. XII, §16: Right to a balanced and healthful ecology. |
Revised Administrative Circular No. 1-2020 | ● Launches judiciary-wide e-payment and e-filing (JEPS/eFS). |
SC-FOI Guidelines (Resolution of 3 July 2018) | ● Recognizes FOI requests subject to confidentiality exceptions. |
OCA Circulars on court records management & fees | ● Schedule of Legal Fees (Rule 141, Rules of Court, as amended). |
2. Locate the Issuing Court and Rollo
Scenario | Where the rollo is kept | Typical notation |
---|---|---|
Petition originally filed in the Supreme Court | Office of the Clerk of Court en banc (Manila) | “G.R. No. **** (Kalikasan)” |
Petition filed in the Court of Appeals as court of origin | CA OCC Manila, Cebu, or Cagayan de Oro station | “CA-G.R. SP (Kalikasan) No. ****” |
Transferred to trial court for execution or monitoring | Regional Trial Court (designated as a “Special RTC – Environmental”) | “Civil Case No. ****” |
3. Requesting an Official Court Copy
Prepare a written request
- Address it to the Clerk of Court.
- State: case title, docket number, parties, date of promulgation/issuance, and the specific documents you need (e.g., “Writ of Kalikasan dated 15 Jan 2024 and Resolution of 12 Mar 2024”).
- Explain your legal interest or purpose – usually not strictly required for public orders, but helpful.
Attach identification
- Personal appearance: government-issued ID.
- Representative: Special Power of Attorney or Authority to Obtain Court Records + ID.
Pay fees (Rule 141, 2024 revisions)
Fee Amount (PHP) Notes Certification (per document) 100.00 “Certified true copy” stamp. Photocopy/xerox (per page) 3.00 Charged on actual pages. Electronic copy (PDF) 2.00/page When using eFS; paid via JEPS. USPS/Registered mail Actual If you request mailing. Processing time
- Simple: 1–3 working days.
- Old archives/heavy volumes: 5–10 working days.
- During special lockdowns/half-skeleton force: follow posted guidelines.
Release
- Pick-up: sign logbook; receive OR (official receipt) and stamped copies.
- Email: secure zip file with password; Clerk sends link or attachment.
4. Using the Supreme Court e-Library / eFS
Platform | Coverage | Steps |
---|---|---|
e-Library (https://elibrary.judiciary.gov.ph) | Final decisions en banc and divisions (writs themselves rarely published) | • Register as user (lawyer, gov’t, academe). • Search docket or keywords. • Download PDF for free. |
eFS (efiling.judiciary.gov.ph) | Pleadings, orders, and annexes for parties & authorized counsel | • Requires User Reference Number (URN) issued by OCA. • Request “view-only” access through your counsel-of-record. |
JEPS | Cashless payment for court fees | • Pay via GCash, Landbank LinkBiz, or credit card. • Attach electronic OR to your eFS request for certified copies. |
5. Freedom of Information (FOI) Route
Who may file – Any Filipino citizen; foreign researchers via Filipino representative.
How – Fill SC-FOI Form (downloadable PDF) and email to foi@sc.judiciary.gov.ph or file at the SC Frontline Service Desk.
What can be released – Orders, writs, decisions, and public pleadings unless:
- They contain trade secrets, privileged communications, or data on minors/sexual violence.
Timeline – 15 working days to decide; one 20-day extension allowed.
Cost – Same schedule of fees; requester shoulders duplication/ courier.
6. Research & Library Copies
Repository | What you’ll find | Access rules |
---|---|---|
Supreme Court Library (Padre Faura, Manila) | Full physical rollos, annexes, transcripts | • Lawyers/ law students with referral letter. • Strict no-camera rule; use photocopy counter. |
University law libraries (e.g., UP, Ateneo, San Beda, UST) | Photocopies/ digests of landmark Kalikasan cases (e.g., West Tower, Manila Bay, Zamora vs. Paje) | • Usually secondary sources; may point you to docket numbers. |
7. Local Court-Of-Origin Records
When a Writ of Kalikasan is referred for reception of evidence to an RTC, the branch keeps a separate environmental docket. Obtain copies by:
- Writing to the Branch Clerk of Court.
- Paying RTC Legal Research Fund (LRF) = 10% of total fees.
- Coordinating with the designated sheriff/process server if you also need proof of service.
8. Special Considerations
Issue | Practice tip |
---|---|
Urgency (e.g., to file contempt or monitor continuing mandamus) | Attach proof (email from counsel, deadline date) and request “expedite in view of impending filing.” Occasionally granted. |
Media/NGO requests for public-interest reporting | Cite 1987 Constitution Art. III §7 (right to information) and the environmental dimension of Oposa v. Factoran. Official court policy still applies. |
Multiple volumes or oversized annexes | Ask whether the court can provide a scanned subset (order + dispositive portion) first, then the remainder later to save cost. |
Confidential technical data (e.g., mining maps) | These might be sealed; require court order or party consent. |
Remote courts or calamity zones | The OCA may designate a receiving court; confirm via latest OCA Circular. |
9. Sample Request Letter (Template)
[Your Name]
[Address]
[Tel./Email]
Date: ___
The Clerk of Court
[Supreme Court en banc / Court of Appeals – Manila Station]
Re: Request for Certified True Copy
G.R. No. _____ “Juan dela Cruz, et al. v. Secretary of DENR, et al.”
– Writ of Kalikasan
Dear Madam/Sir:
Pursuant to Section 11, Rule 141 of the Rules of Court, and the SC-FOI Guidelines, I respectfully request a certified true copy of the following records:
1. The Writ of Kalikasan dated 15 January 2024;
2. The Resolution dated 12 March 2024 requiring respondents to file a verified return; and
3. The respondents’ Verified Return dated 5 April 2024.
These copies will be used as evidence in Environmental Case No. ___ pending before the RTC-Branch __, [City]. Attached are (a) my government ID and (b) proof of payment of certification and photocopy fees under O.R. No. _____.
Thank you.
Respectfully,
[Signature]
[Printed Name]
10. Checklist Before You Go
- Docket number and exact title of the case
- Valid ID / SPA if representative
- Money for certification, photocopy, and possible courier fees
- USB drive if the clerk allows soft-copy transfer
- Filled-out request form or letter
- Follow-up contact details
Key Takeaways
- The primary gateway is always the Clerk of Court of the issuing tribunal; libraries and FOI are secondary.
- Expect minimal red tape—environmental writs are inherently matters of public interest, but the rules on fees and confidentiality still apply.
- Use the judiciary’s eFS/JEPS for faster electronic access when you or your counsel is already a party of record.
- For landmark or older cases, the e-Library and university law libraries often have the dispositive portions online, but never assume these are “certified.”
- Plan ahead: certification sometimes takes several days, especially for multi-volume rollos or sealed technical annexes.
With these steps, you can efficiently secure the documents you need—whether to press enforcement, pursue advocacy, conduct research, or simply stay informed about environmental jurisprudence in the Philippines.