Dumindin, Ofelia B.

Remedial
Law I
LlB 4-1

MOTU PROPIO

ORDINARY CIVIL ACTIONS

Rule 2, Section 6. Section 6. Misjoinder of causes of action.
Misjoinder of causes of action is not a ground for
dismissal of an action. A misjoined cause of
action may, on motion of a party or on the
initiative of the court, be severed and
proceeded with separately.

Rule 3, Section 11. Section 11. Misjoinder and non-joinder of

parties. Neither misjoinder nor non-joinder of
parties is ground for dismissal of an action.
Parties may be dropped or added by order of
the court on motion of any party or on its own
initiative at any stage the action and on such
terms as are just. Any claim against a misjoined
party may be severed and proceeded with
separately.

Rule 8, Section 12. Section 12. Striking out of pleading or matter

contained therein. Upon motion made by a
party before responding to a pleading or, if no
responsive pleading is permitted by these Rules,
upon motion made by a party within twenty (20)
days after the service of the pleading upon him,
or upon the court's own initiative at any time,
the court may order any pleading to be stricken
out or that any sham or false, redundant,
immaterial, impertinent, or scandalous matter
be stricken out therefrom.

Rule 9, Section 1. Section 1. Defenses and objections not

pleaded. Defenses and objections not
pleaded either in a motion to dismiss or in the
answer are deemed waived. However, when it
appears from the pleadings or the evidence on
record that the court has no jurisdiction over the
subject matter, that there is another action
pending between the same parties for the same
cause, or that the action is barred by a prior

1
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
judgment or by statute of limitations, the court
shall dismiss the claim.

Rule 10, Section 4. Section 4. Formal amendments. A defect in

the designation of the parties and other clearly
clerical or typographical errors may be
summarily corrected by the court at any stage
of the action, at its initiative or on motion,
provided no prejudice is caused thereby to the
adverse party.

Rule 17, Section 3. Section 3. Dismissal due to fault of plaintiff.

If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his
evidence in chief on the complaint, or to
prosecute his action for an unreasonable length
of time, or to comply with these Rules or any
order of the court, the complaint may be
dismissed upon motion of the defendant or
upon the court's own motion, without prejudice
to the right of the defendant to prosecute his
counterclaim in the same or in a separate
action. This dismissal shall have the effect of an
adjudication upon the merits, unless otherwise
declared by the court.

Rule 32, Section 2. Section 2. Reference ordered on motion.

When the parties do not consent, the court may,
upon the application of either or of its own
motion, direct a reference to a commissioner in
the following cases:
(a) When the trial of an issue of fact requires the
examination of a long account on either side, in
which case the commissioner may be directed
to hear and report upon the whole issue or any
specific question involved therein;
(b) When the taking of an account is necessary
for the information of the court before
judgment, or for carrying a judgment or order
into effect.
(c) When a question of fact, other than upon the
pleadings, arises upon motion or otherwise, in
any stage of a case, or for carrying a judgment

2
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
or order into effect.

Rule 41, Section 7. Section 7. Approval of record on appeal.

Upon the filing of the record on appeal for
approval and if no objection is filed by the
appellee within five (5) days from receipt of a
copy thereof, the trial court may approve it as
presented or upon its own motion or at the
instance of the appellee, may direct its
amendment by the inclusion of any omitted
matters which are deemed essential to the
determination of the issue of law or fact
involved in the appeal. If the trial court orders
the amendment of the record, the appellant,
within the time limited in the order, or such
extension thereof as may be granted, or if no
time is fixed by the order within ten (10) days
from receipt thereof, shall redraft the record by
including therein, in their proper chronological
sequence, such additional matters as the court
may have directed him to incorporate, and shall
thereupon submit the redrafted record for
approval, upon notice to the appellee, in like
manner as the original draft.

Section 13. Section 13. Dismissal of appeal. Prior to the

transmittal of the original record or the record
on appeal to the appellate court, the trial court
may motu propio or on motion dismiss the
appeal for having been taken out of time.

Rule 42, Section 4. Section 4. Action on the petition. The Court

of Appeals may require the respondent to file a
comment on the petition, not a motion to
dismiss, within ten (10) days from notice, or
dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly
for delay, or that the questions raised therein
are too insubstantial to require consideration.

Rule 43, Section 8. Section 8. Action on the petition. The Court

of Appeals may require the respondent to file a
comment on the petition not a motion to

3
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
dismiss, within ten (10) days from notice, or
dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly
for delay, or that the questions raised therein
are too unsubstantial to require consideration.

Rule 44, Section 6. Section 6. Dispensing with complete record.

Where the completion of the record could not be
accomplished within a sufficient period allotted
for said purpose due to insuperable or
extremely difficult causes, the court, on its own
motion or on motion of any of the parties, may
declare that the record and its accompanying
transcripts and exhibits so far available are
sufficient to decide the issues raised in the
appeal, and shall issue an order explaining the
reasons for such declaration.

Rule 45, Section 5. Section 5. Dismissal or denial of petition.

The failure of the petitioner to comply with any
of the foregoing requirements regarding the
payment of the docket and other lawful fees,
deposit for costs, proof of service of the petition,
and the contents of and the documents which
should accompany the petition shall be
sufficient ground for the dismissal thereof.

Rule 46, Section 5. Section 5. Action by the court. The court

may dismiss the petition outright with specific
reasons for such dismissal or require the
respondent to file a comment on the same
within ten (10) days from notice. Only pleadings
required by the court shall be allowed. All other
pleadings and papers, may be filed only with
leave of court.

Section 6. Section 6. Determination of factual issues.

Whenever necessary to resolve factual issues,
the court itself may conduct hearings thereon or
delegate the reception of the evidence on such
issue to any of its members or to an appropriate
court, agency or office.

4
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
Rule 49, Section 1. Section 1. When allowed. At its own
instance or upon motion of a party, the court
may hear the parties in oral argument on the
merits of a case, or on any material incident in
connection therewith. (n)
The oral argument shall be limited to such
matters as the court may specify in its order or
resolution.

Rule 50, Section 1. Section 1. Grounds for dismissal of appeal.

An appeal may be dismissed by the Court of
Appeals, on its own motion or on that of the
appellee, on the following grounds:
(a) Failure of the record on appeal to
show on its face that the appeal was
taken within the period fixed by these
Rules;
(b) Failure to file the notice of appeal or
the record on appeal within the period
prescribed by these Rules;
(c) Failure of the appellant to pay the
docket and other lawful fees as provided
in section 5, Rule 40 and section 4 of Rule
41; (Bar Matter No. 803, 17 February
1998)
(d) Unauthorized alterations, omissions or
additions in the approved record on
appeal as provided in section 4 of Rule
44;
(e) Failure of the appellant to serve and
file the required number of copies of his
brief or memorandum within the time
provided by these Rules;
(f) Absence of specific assignment of
errors in the appellant's brief, or of page
references to the record as required in
section 13, paragraphs (a), (c), (d) and (f)
of Rule 44;
(g) Failure of the appellant to take the
necessary steps for the correction or
completion of the record within the time
limited by the court in its order;
(h) Failure of the appellant to appear at

5
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
the preliminary conference under Rule 48
or to comply with orders, circulars, or
directives of the court without justifiable
cause; and
(i) The fact that the order or judgment
appealed from is not appealable.

Section 2. Section 2. Dismissal of improper appeal to the

Court of Appeals. An appeal under Rule 41
taken from the Regional Trial Court to the Court
of Appeals raising only questions of law shall be
dismissed, issues purely of law not being
reviewable by said court. Similarly, an appeal by
notice of appeal instead of by petition for review
from the appellate judgment of a Regional Trial
Court shall be dismissed.

Rule 56, Section 5. Section 5. Grounds for dismissal of appeal.

The appeal may be dismissed motu proprio or
on motion of the respondent on the following
grounds:

(a) Failure to take the appeal within the

reglementary period;
(b) Lack of merit in the petition;
(c) Failure to pay the requisite docket fee and
other lawful fees or to make a deposit for costs;
(d) Failure to comply with the requirements
regarding proof of service and contents of and
the documents which should accompany the
petition;
(e) Failure to comply with any circular, directive
or order of the Supreme Court without justifiable
cause;
(f) Error in the choice or mode of appeal; and
(g) The fact that the case is not appealable to
the Supreme Court.

PROVISIONAL REMEDIES
Rule 59, Section 8. Section 8. Termination of
receivership; compensation of receiver.
Whenever the court, motu proprio or on motion
of either party, shall determine that the

6
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
necessity for a receiver no longer exists, it shall,
after due notice to all interested parties and
hearing, settle the accounts of the receiver,
direct the delivery of the funds and other
property in his possession to the person
adjudged to be entitled to receive them and
order the discharge of the receiver from further
duty as such. The court shall allow the receiver
such reasonable compensation as the
circumstances of the case warrant, to be taxed
as costs against the defeated party, or
apportioned, as justice requires.

Rule 61, Section 5. Section 5. Enforcement of order. If the

adverse party fails to comply with an order
granting support pendente lite, the court
shall, motu proprio or upon motion; issue an
order of execution against him, without
prejudice to his liability for contempt.

SPECIAL CIVIL ACTIONS

Rule 63, Section 5. Section 5. Court action discretionary. Except
in actions falling under the second paragraph of
section 1 of this Rule, the court, motu proprio or
upon motion, may refuse to exercise the power
to declare rights and to construe instruments in
any case where a decision would not terminate
the uncertainty or controversy which gave rise
to the action, or in any case where the
declaration or construction is not necessary and
proper under the circumstances.

Rule 64, Section 6. Section 6. Order to comment. If the

Supreme Court finds the petition sufficient
in form and substance, it shall order the
respondents to file their comments on the
petition within ten (10) days from notice
thereof; otherwise, the Court may dismiss
the petition outright. The Court may also
dismiss the petition if it was filed manifestly
for delay or the questions raised are too
unsubstantial to warrant further

7
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
proceedings.

Rule 65, Section 8. Section 8. Proceedings after comment is filed.

After the comment or other pleadings
required by the court are filed, or the time for
the filing thereof has expired, the court may
hear the case or require the parties to submit
memoranda. If after such hearing or submission
of memoranda or the expiration of the period
for the filing thereof the court finds that the
allegations of the petition are true, it shall
render judgment for the relief prayed for or to
which the petitioner is entitled.

The court, however, may dismiss the petition if

it finds the same to be patently without merit,
prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to
require consideration.

Rule 70, Section 5. Section 5. Action on complaint. The court

may, from an examination of the allegations in
the complaint and such evidence as may be
attached thereto, dismiss the case outright on
any of the grounds for the dismissal of a civil
action which are apparent therein. If no ground
for dismissal is found, it shall forthwith issue
summons.

Section 7. Section 7. Effect of failure to answer. Should

the defendant fail to answer the complaint
within the period above provided, the
court, motu proprio or on motion of the plaintiff,
shall render judgment as may be warranted by
the facts alleged in the complaint and limited to
what is prayed for therein. The court may in its
discretion reduce the amount of damages and
attorney's fees claimed for being excessive or
otherwise unconscionable, without prejudice to
the applicability of section 3 (c), Rule 9 if there
are two or more defendants.

Rule 71, Section 4. Section 4. How proceedings commenced.

8
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
Proceedings for indirect contempt may be
initiated motu propio by the court against which
the contempt was committed by an order or any
other formal charge requiring the respondent to
show cause why he should not be punished for
contempt.

RULES ON SUMMARY PROCEDURE

II, Section 4. Sec. 4. Duty of court. After the court
determines that the case falls under summary
procedure, it may, from an examination of the
allegations therein and such evidence as may
be attached thereto, dismiss the case outright
on any of the grounds apparent therefrom for
the dismissal of a civil action. If no ground for
dismissal is found it shall forthwith issue
summons which shall state that the summary
procedure under this Rule shall apply.

Section 6. Sec. 6. Effect of failure to answer. Should

the defendant fail to answer the complaint
within the period above provided, the court,
motu proprio, or on motion of the plaintiff, shall
render judgment as may be warranted by the
facts alleged in the complaint and limited to
what is prayed for therein: Provided, however,
that the court may in its discretion reduce the
amount of damages and attorney's fees claimed
for being excessive or otherwise
unconscionable. This is without prejudice to the
applicability of Section 4, Rule 15 of the Rules of
Court, if there are two or more defendants.

REVISED RULES ON SMALL CLAIMS CASES

Section 11. SEC. 11. Dismissal of the Claim. After the
court determines that the case falls under these
Rules, it may, from an examination of the
allegations of the Statement of Claim/s and
such evidence attached thereto, by itself,
dismiss the case outright on any of the grounds
for the dismissal of the case. The order of
dismissal shall state if it is with or without
prejudice.

9
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1

If, during the hearing, the court is able to

determine that there exists a ground for
dismissal of the Statement of Claim/s, the court
may, by itself, dismiss the case even if such
ground is not pleaded in the defendants
Response.

If plaintiff misrepresents that he/she/ it is not

engaged in the business of banking, lending or
similar activities when in fact he/she/it is so
engaged, the Statement of Claim/s shall be
dismissed with prejudice and plaintiff shall be
meted the appropriate sanctions, such as direct
contempt.

However, if the case does not fall under this

Rule, but falls under summary or regular
procedure, the case shall not be dismissed.
Instead, the case shall be re-docketed under the
appropriate procedure, and returned to the
court where it was assigned, subject to payment
of any deficiency in the applicable regular rate
of filing fees. If a case is filed under the regular
or summary procedure, but actually falls under
this Rule, the case shall be referred to the
Executive Judge for appropriate assignment.

Section 14. SEC. 14. Effect of Failure to File Response.

Should the defendant fail to file his/her/its
Response within the required period, and
likewise fail to appear on the date set for
hearing, the court shall render judgment on the
same day, as may be warranted by the facts
alleged in the Statement of Claim/s.

Should the defendant fail to file his/her/its

Response within the required period but
appears on the date set for hearing, the court
shall ascertain what defense he/she/it has to
offer which shall constitute his/ her/its
Response, and proceed to hear or adjudicate
the case on the same day as if a Response has

10
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
been filed.

ENVIRONMENTAL CASES
Rule 2, Section 15. Section 15. Effect of failure to answer. - Should
the defendant fail to answer the complaint
within the period provided, the court shall
declare defendant in default and upon motion of
the plaintiff, shall receive evidence ex parte and
render judgment based thereon and the reliefs
prayed for.

Rule 5, Section 4. Section 4. Monitoring of compliance with

judgment and orders of the court by a
commissioner. - The court may motu proprio, or
upon motion of the prevailing party, order that
the enforcement of the judgment or order be
referred to a commissioner to be appointed by
the court. The commissioner shall file with the
court written progress reports on a quarterly
basis or more frequently when necessary.

11
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1

REAL ACTION PERSONAL ACTION MIXED

Forcible Entry/ Unlawful Collection of sum of
Detainer money
Action to annul sale and Recovery of personal
title property
Enforcement of contract
Foreclosure of real estate Recovery of damages
mortgage
Action for reconveyance Action to annul contract of
and cancellation of TCT loan
Accion publiciana Annulment of mortgage
contract
Accion reinvidicatoria Injunction

IN REM IN PERSONAM QUASI IN REM

Cadastral and Land Recovery of damages Attachment
registration proceedings
Action to annul sale and Specific performance Partition
title
Enforcement of contract Foreclosure of mortgage
Injunction Action for accounting
Rescission of contracts Quieting of title
Annulment of mortgage
contract
Injunction
Action for reconveyance
and cancellation of TCT
Action to recover title or
possession of real
property
Forcible Entry/ Unlawful
Detainer

12
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1

DOCTRINES & PRINCIPLES

Doctrine of Under the doctrine of primary jurisdiction, courts must refrain from
Primary determining a controversy involving a question w/c is w/in the
Jurisdiction jurisdiction of the administrative tribunal prior to its resolution by
the latter, where the question demands the exercise of sound
administrative discretion requiring the special knowledge,
experience and services of the administrative tribunal to
determine technical and intricate matters of fact.

Doctrine of No court can interfere by injunction w/ the judgment or orders of

Non- another court of concurrent jurisdiction having the power to grant
Interference the relief sought by injunction.
/ Doctrine of
Judicial
Stability

Doctrine of Resort to the higher courts should be made in accordance with

Hierarchy of their hierarchical order. [SC] will not entertain direct resort to it
Courts unless the redress desired cannot be obtained in the appropriate
courts or where exceptional and compelling circumstances justify
availment of a remedy within and calling for the exercise of [our]
primary jurisdiction.

Doctrine of Once a court has acquired jurisdiction, that jurisdiction continues

Adherence of until the court has done all that it can do in the exercise of that
Jurisdiction/ jurisdiction. This principle also means that once jurisdiction has
attached, it cannot be ousted by subsequent happenings or
Continuity of
events, although of a character which would have prevented
Jurisdiction jurisdiction from attaching in the first instance. The court, once the
jurisdiction has been acquired, retains that jurisdiction until it
finally disposes of the case.

Doctrine of A litigant must first exhaust this remedy before he can resort to
Exhaustion the courts. The purpose of the doctrine is to enable the
of administrative agencies to correct themselves if they have
Administrativ committed an error.
e Remedies
Doctrine of A decision that has acquired finality becomes immutable and
Immutability unalterable and may no longer be modified in any respect, even if
of Judgment the modification is meant to correct erroneous conclusions of fact
or law and whether it will be made by the court that rendered it or
by highest court of the land.

13
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
Totality Rule Where the claims in all causes of action are principally for the
recovery of money, the aggregate amount claimed shall be the
test of jurisdiction.

Neypes Rule If the motion is denied, the movant has a fresh period of 15 days
from receipt or notice of the order denying or dismissing the
motion for reconsideration within which to file a notice to appeal.

Same The test to determine whether the causes of action are identical is
Evidence to ascertain whether the same evidence will sustain both actions,
Test or whether there is an identity in the facts essential to the
maintenance of the two actions.

Principle of Defending party may assert a claim which is being cognizable by

Recoupment the regular courts of justice, that arises out of or is connected with
the transaction or occurrence constituting the subject matter of
the opposing partys claim and does not require for its adjudication
the presence of third party of whom the court cannot acquire
jurisdiction.

Principle of Defending party may assert a claim which is being cognizable by

Set-off the regular courts of justice, does not arises out of or is connected
with the transaction or occurrence constituting the subject matter
of the opposing partys claim and requires for its adjudication the
presence of third party of whom the court can acquire jurisdiction.

Party The freedom of the parties to make their own arrangements to

Autonomy resolve their own disputes.

Thus, Rule 2.3 of the Special ADR Rules explicitly provides that
"parties are free to agree on the procedure to be followed in the
conduct of arbitral proceedings.

Doctrine of (commonly known as hypothetical admission of truth), accorded

Assumption under the test, does not cover all the allegations pleaded in the
of truth complaint. Only ultimate facts or those facts which the expected
evidence will support are considered for purposes of the test. It
does not cover legal conclusions or evidentiary facts.( Magellan
Aerospace Corporation vs Philippine Air Force, February 17,
2016)
Omnibus Motion that attacks a pleading, judgment, order or proceeding
Motion Rule shall include all grounds then available, and all objections not so
included shall be deemed waived.

14
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
Doctrine of The dismissal of an action for failure on the part of the plaintiff to
Non- prosecute for unreasonable length of time as provided for under
Prosequitur Rule 17, Section 3 of Rules of Court.

Doctrine of The conduct of cross- examination is not completed due to the

Incomplete fault of the plaintiff. Hence, it may be stricken off.
Testimony
Two When a complaint is dismissed a second time, the plaintiff is now
Dismissal barred from seeking relief on the same claim.
Rule
The two-dismissal rule applies when the plaintiff has
a. twice dismissed actions,
b. based on or including the same claim,
b. in a court of competent jurisdiction.

The second notice of dismissal will bar the refilling of the action
because it will operate as an adjudication of the claim upon the
merits. In other words, the claim may only be filed twice, the first
being the claim embodied in the original complaint. Since as a
rule, the dismissal is without prejudice, the same claim may be re-
filed. If the re-filed claim or complaint is dismissed again through a
second notice of dismissal, that second notice triggers the
application of the two-dismissal rule and the dismissal is to be
deemed one with prejudice because it is considered as an
adjudication upon the merits.

Doctrine of Refers to the concept of Res Judicata i.e, barred by prior judgment-
Claim the effect of a judgment as a bar to the prosecution of a second
Preclusion action upon the same claim, demand or cause of action.

Berry Rule Newly discovered evidence (Berry Rule), which he could not, with
reasonable diligence, have discovered and produced at the trial,
and which if presented would probably alter the result. (Berry vs
State of Georgia)

Principle of Applies only if there is a strong probability that the issues before
Judicial the higher court would be rendered moot and moribund as the
Courtesy result of continuation of the proceedings in lower court.

Law of the The opinion delivered on a former appeal. When an appellate court
Case passes on a question and remands the case to the lower court for
further proceedings, the question there settled becomes the law of
the case upon subsequent appeal.

15
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
Single A party shall not be allowed to file a second motion for
Motion Rule reconsideration of a judgment or a final order. The rule states:
No party shall be allowed a second motion for reconsideration of
a judgment or final order. The prohibition on a second motion
applies only when the motion is directed against a judgment or a
final order. The rule does not apply to a motion for reconsideration
of an interlocutory order.

Material Section 3 of Rule 46 of the Rules of Court provides that there are
Date Rule three material dates t hat must be stated in a petition for certiorari
brought under Rule 65
a. the date when notice of the judgment or final order or
resolution was received
b. the date when a motion
for new trial or for reconsideration when one such was filed0
and
c. the date when notice of the denial thereof was
received. This requirement is for the purpose of determining
the timeliness of the petition.

Bursting- Refers to a legal principle rebutting a presumption. Under this

bubble theory, a presumption disappears when the presumed facts have
theory been contradicted by credible evidence.

Lord Cokes Castle Doctrine"that one should be safe in one's own house
Doctrine which in many jurisdictions is considered today an exception from
the obligation to retreat rather than use violence when threatened.

Lord Bacons He considered Law's fundamental tasks to be:

Doctrine To secure men's persons from death;
To dispose the property of their goods and lands;
For preservation of their good names from shame and
infamy.

Laws are made to guard the rights of the people, not to feed the
lawyers. The laws should be read by all, known to all. Put them into
shape, inform them with philosophy, reduce them in bulk, give
them into every man's hand.

Presumed Where a foreign law is not pleaded or, even if pleaded, is not
Identity proved, the presumption is that foreign law is the same as ours.

16
Dumindin, Ofelia B. Remedial
Law I
LlB 4-1
Approach/
Processual
Presumption
Doctrine of The court in issuance of Writ of Injunction must be cautious in
Strong Arm order to protect the rights of the party. It should only be extended
of Equity in cases of great injury where courts of law cannot afford an
adequate or commensurate remedy in damages

Doctrine of It is essential that the element of public use of the property be

Continuing maintained throughout the proceedings for expropriation, if not, it
Public Use is then incumbent upon the expropriator to return the said
property to its private owner, if the latter desires to reacquire the
same.

One day one A witness has to be fully examined in one (1) day only. This rule
witness Rule shall be strictly adhered to subject to the courts discretion during
trial on whether or not to extend the direct and/or cross-
examination for justifiable reasons. (Par. 5(i) of Supreme
Court A.M. No. 03-1-09-SC)

Most Determination of the most important witness to be heard and limit

Important the number of witnesses. The facts to be proven by each witness
Witness Rule and the approximate number of hours per witness shall be fixed.

Consent Refers to a judicially-approved settlement between concerned

decree parties based on public interest and public policy to protect and
preserve the environment.

Precautionar States that when human activities may lead to threats of serious
y principle and irreversible damage to the environment that is scientifically
plausible but uncertain, actions shall be taken to avoid or diminish
that threat.

17