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Republic of the Philippines pave, 94 JUL 2016
HOUSE OF THE REPRESENTATIVES, = a veal
Vie
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House eit no, 804

Introduced by HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr, and
HON. CHRISTOPHER S. CO

EXPLANATORY NOTE

This bills seeks to prohibit the issuance of temporary restraining order,
preliminary injunction, or preliminary mandatory injunction against administrative
officials or bodies in the enforcement of environmental laws, rules, and regulations, and
in the issuance, approval or disapproval, revocation or suspension of concessions,
licenses, permits, patents, or public grants of any kind in connection with the disposition,
exploitation, utilization, exploration, and/or development of the natural resources of the
Philippines

Needless to state, the protection and preservation of the environment for the
present and future generation is of the highest national interest and paramount concern
of the State which shall always take precedence over and above private rights and
interest. Indeed, the exploitation and wanton destruction of our natural resources have
deleterious consequences.

The practice of issuing temporary restraining order, preliminary injunction, or
preliminary mandatory injunction against the enforcement of environmental laws and
other governmental actions creates an opportunity to exploit the environment and
natural resources which in the long run, impedes the economic development.

Furthermore, such issuance deters the State, and its administrative bodies, from
exercising their mandate to protect the environmental and natural resources, in favor of
individuals seeking the protection of their private interests in the courts.

The law recognizes the principle that courts should defer to the technical
expertise of administrative agencies. Unless, the issue involves a regulation or action
that exceeds the jurisdiction of the administrative agency, judicial review is proscribed

In light of all these circumstances, the swift passage (of this bill is earnestly

4 = < =
DEL/M.BATOCABE = ALFREDO GARBIN, Jr. CHRISTOPHER S. CO



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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS:
First Regular Session

HOUSE BILL No. 804

Introduced by HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr. and
HON. CHRISTOPHER S. CO

AN ACT TO IMPLEMENT THE EFFECTIVE ENFORCEMENT OF ENVIRONMENTAL,
LAWS BY PROHIBITING LOWER COURTS FROM ISSUING RESTRAINING
ORDERS, PRELIMINARY INJUNCTIONS OR PRELIMINARY MANDATORY

INJUNCTIONS PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR
OTHER PURPOSES

Section 1. Declaration of Policy. It is the policy of the State that environmental
protection and preservation shall take precedence over private interests. The State shall
ensure that administrative agencies, mandated by law and by the Constitution to protect
and preserve natural resources, are empowered to enforce them

Section 2. Prohibition on the Issuance of Temporary Restraining Orders,
Preliminary Injunctions and Preliminary Mandatory Injunctions. No court, except
the Supreme Court, shall have jurisdiction to issue any temporary restraining order,
preliminary injunction, or preliminary mandatory injunction in any case or dispute
involving the enforcement of environmental laws, rules, and regulations, issuance,
approval or disapproval, revocation or suspension of, or any action by a proper
administrative official or body on concessions, licenses, permits, patents, or public
grants of any kind in connection with the disposition, exploitation, utilization, exploration,
and/or development of the natural resources of the Philippines.

This prohibition shall not apply in the following circumstances:

a. In cases involving a constitutional issue that is of extreme urgency such that
unless a temporary restraining order, preliminary injunction, or preliminary
mandatory injunction is issued, grave and irreparable injury will arise;

b. In cases involving grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of the administrative officer or agency.

Section 3. Nullity of Writs and Orders. Any temporary restraining order, preliminary
injunction, and preliminary mandatory injunction issued in violation of Section 3 hereof is
void and of no force and effect.

Section 4. Penal Sanction. In addition to any civil and criminal liabilities which a judge
may incur under existing laws, a judge who shall issue a temporary restraining order,
preliminary injunction, or preliminary injunction in violation of Section 3 hereof, shall
suffer the penalty of suspension of at least sixty (60) days without pay.

Section 5. Separability Clause. If any provision of this Act is declared unconstitutional
or invalid, other parts of provisions hereof not affected thereby shall continue to be of full
force and effect.


CeIauaene

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Section 6. Repealing Clause. All laws, orders, decrees, instructions and rules and
regulations inconsistent with this Act are hereby repealed and/or set aside or modified
accordingly. .

Section 7. Effectivity Clause. This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation

Approved.