If England instituted the writ of habeas corpus and Mexico established the writ of amparo, the Philippines will soon have its own contribution to international jurisprudence with the introduction of a new legal procedure called writ of kalikasan (nature).

Chief Justice Reynato S. Puno said the Supreme Court is now putting the finishing touches on the guidelines for the writ of kalikasan which, he said, may be promulgated “in a month or two.”

The writ of kalikasan, Puno said, aims to protect the right of Filipinos to a healthy environment.

“We are proud to announce to the world that we have a writ that will protect our right to a balanced and healthy ecology which does not come from Western or Latin America. It will come from the Philippines itself,” Puno told participants in a leadership symposium at the SC Training Center in Ermita, Manila last Friday.

The country’s chief magistrate said the new guidelines will govern the prosecution of environmental cases in the country.

“There would be a radical shift with environmental cases being prosecuted. We’ve examined the best practices in the world to these new rules we will be adopting. It will be called writ of kalikasan, meaning nature,” he added.

Puno said the writ of kalikasan will be the equivalent of writ of habeas corpus and writ of amparo in terms of protecting the environment.

The writ of habeas corpus is a legal action through which a person can seek relief from his or her unlawful detention or that of another person. Established in England in the7th century, its original purpose was to liberate illegally detained persons, and is now still a protection against arbitrary imprisonment.

The writ of amparo is a Latin American legal procedure to protect human rights. It was first introduced in Mexico in the mid-19th century.

In 2007, the Puno-led High Court came out with the guidelines on the adoption of writ of amparo and the writ of habeas data which, together with the writ of habeas corpus, completed the citizens’ legal armory against violations and threats to life, liberty, security, and privacy.

The Philippine version of the writ of amparo serves as a protection against unlawful acts of the state and it covers extrajudicial killings and enforced disappearances.

Puno said the writ of kalikasan is a follow-up to the “green courts” initiative of the SC.

In 2008, the SC designated a total of 117 trial courts as “green courts” to speed up the resolution of about 3,000 environmental cases all over the country. The cases involve violations of laws on mining, forestry, marine, fisheries, wildlife, waste management, toxic substances, and hazardous waste.

Last year, the SC hosted a multi-sectoral forum in Baguio City to determine ways on how the courts can help in the protection and preservation of the environment and ensuring the various government agencies’ commitment to environmental justice.

Puno said the writ of kalikasan and establishment of “green courts” are pursuant to Article II, Section 16 of the Constitution, which provides 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.”

It will be recalled that in 2008, the SC handed down a landmark ruling that directed practically all government agencies and law enforcement units to implement without delay the restoration and preservation of Manila Bay.

The decision compelled all government agencies in charge of the environment, mainly the Department of Environment and Natural Resources, to report to the SC all actions they have taken to comply with the Manila Bay ruling.