The court’s decision
On December 10, 2007 (Human Rights Day), the judge in the Philippines ruled in favor of Dr. Quijano and his daughter, dismissing the case. The judge ruled that there was “no convincing proof [of]…any malicious intent of defendants against the plaintiff,” and ordered the company to pay the Quijanos a portion of their expenses. In the meantime, EDLC learned of nearly a dozen similar cases filed in the Philippines against environmental defenders.
SLAPPS come to the Philippines
While EDLC has noted the increased use of SLAPP suits against environmental defenders in a number of developing countries, nowhere are SLAPPs more on the rise than in the Philippines. A Philippine Congressional Representative observed that “SLAPP defendants have been sued for lawful actions such as initiating signature campaigns, circulating a petition, publishing articles in newsletters, organizing and speaking in public meetings, reporting violations of the law, or participating in peaceful demonstrations.” Local groups share these concerns, leading to an effort to combat the problem through proposed comprehensive national anti-SLAPP legislation
Winston & Strawn and the Philippine Anti-SLAPP Law
EDLC was asked by elected representatives and NGO opponents of SLAPP suits in the Philippines to obtain American legal assistance in the effort to enact national anti-SLAPP legislation. At EDLC’s request, a team of lawyers at Winston & Strawn agreed to help.
Because SLAPPs aim to deter citizens from participating in public affairs, judges and legislators alike have condemned their use, fearing the danger such litigation poses to a well-functioning democracy. SLAPPs are so strongly disfavored that at least twenty-four U.S. states have enacted legislation discouraging their use. Most state statutes establish a process for motions to dismiss or strike claims, and expedite the hearing of such motions and suspend or sharply limit discovery until a ruling is made on the motion. These statutes also typically require the award of attorney’s fees, litigation costs, damages, and sanctions to SLAPP victims.
The lawyers at Winston & Strawn reviewed the draft of the legislation, offered comments, and proposed additional provisions. They also prepared a report on the SLAPP experience in the U.S. and in other countries, as well as analyzing the SLAPP problem under international human rights law. The report was presented to the Philippine House of Representatives to show the severity of the problem and the need for the proposed legislation.
In the meantime, there has been significant progress on the issue by virtue of the Philippine Supreme Court’s adoption in April 2010 of new rules of procedure for environmental cases. For the first time, the rules provide substantial protections for anti-SLAPP victims. And if the proposed law is enacted, it will mark the first time a country has created national anti-SLAPP law. Whether successful or not, proponents of the law hope that it will spur similar legislative proposals in other countries to help environmental defenders “SLAPP back.”
- California Code of Civil Procedure Sec. 425.16