Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Special Proceedings and Writs › Environmental Cases (AM 09-6-8-SC)
1. Temporary Environmental Protection Order (TEPO)
I. Rule of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)
TEMPORARY ENVIRONMENTAL PROTECTION ORDER (TEPO)
When will a Temporary Environmental Protection Order (TEPO) be issued
If it appears from the verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury.
For how long is the TEPO effective
Only for seventy-two (72) hours from date of the receipt of the TEPO by the party or person enjoined.
Within said period, the court where the case is assigned, shall conduct a summary hearing to determine whether the TEPO may be extended until the termination of the case.
What must the court do after issuing the TEPO
The court where the case is assigned, shall periodically monitor the existence of acts that are the subject matter of the TEPO even if issued by the executive judge, and may lift the same at any time as circumstances may warrant.