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OCA CIRCULAR NO. 42-2008

TO: ALL CONCERNED JUDGES AND CLERKS OF COURT

RE: TRAINING NEEDS SURVEY FOR CAPACITY BUILDING OFENVIRONMENTAL COURT JUDGES

Pursuant to Administrative Order No. 23-2008 doted January 28,2008} some branches of the first and second level courts in multi-solostations were designated as Special Courts to try and decide violationsof environmental lows. In multi-solo stations where no branches of the firstand second level courts are designated to try and decideenvironmental cases, the cases sholl be raffled among the branchesthereat which sholl try and decide such cases according to existingissuances. All single solo first and second level courts are consideredspecial courts for the purpose.

In connection therewith, the PHILJA is conducting a survey todetermine the training needs of designated environmental court judgesin environmental lows and adjudication. Attached is the Training NeedsSurvey Form.

In this respect, please submit to PHILJA, 3rd Floor CentennialBuilding, Supreme Court, Padre Faura St., Manila, the completedattached survey form, on or before May 30, 2008

For strict compliance.

April 18 ,2008.

TRAINING NEEDS SURVEY FOR ENVIRONMENTAL COURT JUDGES

M.1.FirstNameName: -------------------------------

SurnameStation: ---------------------------Contact No/s.: ------------------------

1. Please describe the extent of your knowledge and work experience on the implementation ofenvironmental laws.

2. What are the problems and Issues you encountered while handling cases of violation ofenvironmental laws?

3. What environmental law seminars have you attended before? Please checkappropriate boxes.

o Regional Judicial Career Development Program. (Topic on Environmental Laws)Dates Conducted: 08/21/07, 07/04/06, OS/24/06, 03/30/05, 11/24/04, 09/28/04, 08/24/04,04/28/04, 06/02/04, 06/23/04, 02/25/04, 03/23/04, 11/26/03, 01/14/04, 10/15/03,OS/23/00,12/08/98

o Convention and Seminar of the Philippine Judges Association (PJA). (Topic onEnvironmental Laws).Date Conducted: 10/22/98

DO Seminar for Shari"a Court Judges and Clerks of Court on Philippine Law.(Topic on Environmental Laws).Dates Conducted: 06/07/99 and 09/15/99

o Orientation Seminar-Workshop for Newly Appointed Judges. (Topic onEnvironmental Laws).Dates Conducted: 08/21/07, 11/21/06, 01/31/07, 08/21/06, OS/29/06, 03/27/06, 02/13/06,11/28/05, 09/21/05,07/11/05,02/21/05,11/29/04, 03/01/04, 04/21/04,10/13/03

D Judicial Seminar on Indigenous Peoples' Rights Act. (Topic on Environmental Law).Dates Conducted: 05/02/02, 05/09/02, 02/18/02, 03/20/02

o Pre-Judicature Program ( As Prescribed by Section 10, Republic Act. NO.8557) (Topic on Environmental Laws).Dates Conducted: 07/07/06, 09/24/04, 03/03/03,

o Seminar on Environmental Law nTheEnvironment on the Scale: Ipagtanggolang Kalikasan II"Date Conducted: 07/23/01

D The Role of Courts in Fisheries Management: Conference-Seminar onFisheries and Environmental Laws for Judges and Prosecutors.Dates Conducted: 10/08/03, 10/28/03,

o Environmental Law Training of Trainers Seminar-Workshop.Date Conducted: 10/13/04

o Judiciary Workshop on Wildlife Crime and Prosecution.Date Conducted: 05/10/07

o Environmental Law Seminar for Judges.Dates Conducted: 05/18/06,04/19/06.02/16/06,03/29/05

o Roundtable Discussion on Green Benches.Date Conducted: 07/06/01,

o Judicial Roundtable Discussion on Environmental Dispute Resolution.Date Conducted: 02/18/05

o Asian Justices Forum on the Environment nSharing Experience toStrengthen Environmental Adjudication in AsianDate Conducted: 07/06/07,

o Others, please specify _

4. What specific trainings programs on environmental laws do you still need to furtherenhance your skillsas a Judge? Please check appropriate boxes.

o Revised Forestry Code (P.O. No. 705)o Marine Pollution (P.O. No. 979)o Toxic Substances and Hazardous Waste Act (R.A. No. 6969)o People's Small-Scale Mining Act (R.A. No. 7076)o National Integrated Protected Areas System Act (R.A. No. 7586)o Philippine Mining Act (R.A. No. 7942)o Indigenous People's Rights Act (R.A. No. 8371)o Philippine Fisheries Code (R.A. No. 8550)o Clean Air Act (R.A. No. 8749)o Ecological Solid Waste Management Act (R.A. No. 9003)o National Caves and Cave Resources Management Act (R.A. No. 9072)o Wildlife Conservation and Protection Act (R.A. No. 9147)o Chainsaw Act (R.A. No. 9175)o Clean Water Act (R.A. No. 9275)o Prosecution and Penalties for Violation of Environmental lawso Substantive and Procedural Issues on Environmental lawso Others, please specify _

5. Please fill in the following table describing the nature and details of environmental law cases filed in your court.

NATURE AND TITLE OF THE CASECASE

NUMBER FILED

DATEFOR DECISION

INITIAL I LASTHEARING HEARING I SUBMITTED I DUE

PROMULGATED

JUDGE BEFOREWHOM THE CASEWAS SUBMITTEDFOR DECISION

REASON(S) FOR NOTDECIDING THE CASE

Revi::;ed'Forestry Code (P:p. No. 7.05)

Toxic Substances and Hazardous WasteAct (R.A. No. 6969)

DATE JUDGE BEFORECASE FOR DECISION WHOM THE CASE REASON(S) FOR NOT

NATURE AND TITLE OF THE CASE INITIAL LAST PROMUL WAS SUBMITTED DECIDING THE CASENUMBER FILED HEARING HEARING SUBMITTED DUE GATED FOR DECISION

~.People's Small-Scale Mining Act (R.A. No.i'

7076)

National Integrated Protected Areas System,,'Act (R.A. No. 7586) ,

Philippine Mining Act (R.A. No. 7942) ,"

CASEDATE JUDGE BEFORE

NATURE AND TITLE OF THE CASE NUMBER INITIAL LAST FOR DECISION PROMUL WHOM THE CASE REASON(S) FOR NOTFILED DECIDING THE CASE

HEARING HEARING SUBMITTED DUE GATED WAS SUBMITTEDIndigenous People's Rights Act (RA No.8371 )

Philippine Fisheries Code (RA No. 8550);' ."

, 1\' ;t, '.., . <.•... ,'\ ' . t.: .'.:

C:.- .,"

Clean Air Act (R.A. No. 8749), .. ' ','

.,'

DATEJUDGE BEFORE

FOR DECISION WHOM THE CASE REASON(S) FOR NOTCASEPROMULNATURE AND TITLEOF THE CASE INITIAL LAST WAS SUBMITTED DECIDING THE CASENUMBER FILED

HEARING HEARING SUBMITTED DUE GATED FOR DECISION'" ,

,Ecological Solid Waste Management Act>'"

> ,',

;,(R.A. No. 9003) " .." "

c"

,

National Caves and Cave Resources "

Management Act (R.A. No. 9072) , .;. "". '. i ",,'

" ,"', "Wildlife Conservation and Protection Act .'.'",

(RA No. 9147) . .. , .

DATE IJUDGE BEFORE IFOR DECISION WHOM THE CASE REASON{S) FOR NOTCASE

PROMULNATURE AND TITLE OF THE CASE INITIAL LAST WAS SUBMITTED DECIDING THE CASENUMBER FILED HEARING HEARING SUBMITTED DUE GATED FOR DECISION,

Chainsaw Act (R.A. No. 9175).

", ,

Clean Water Act (R.A. No. 9275), ,