Envi Law Pointers.docx

Envi Law Pointers: Book: Philippine Environmental Laws, Policies and Case Remedies: An Academic Dissection Alvin T. Claridades, 2016 edition Pages: 13-24, 41-59 and 257-342 (Rules of Procedure in Environmental Cases – RPEC A.M. No. 09-6-8SC) Cases to memorize (Facts, Issue, Ruling) idigest daw daan Oposa vs Factoran MMDA vs Concerned Citizens of Manila Bay (December 2008) TRO vs TEPO *Is there pre-trial conference in Environmental Cases? *What is a consent decree? *What are prohibited pleadings and motions? *What is a citizen suit (Oposa vs Factoran) *Is there a need for publication? *What are the reliefs in a citizen suit? *What is Writ of Continuing Mandamus? (as ruled in the case of MMDA vs Concerned Citizens of Manila Bay) *What is Writ of Continuing Mandamus? Is it ministerial? How? *Where it should be filed? *Does it need to pay docket fees? *Where is the venue? *What is required to the respondent? To submit a periodic report and DENR will monitor the compliance *What is a SLAPP suit? *What is Writ of Kalikasan? Memorize in toto ^_^ The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. *Who can avail Writ of Kalikasan? *If you file Writ of Kalikasan, do you need to pay docket fees? Why? *Do civil actions arising from delicts be filed independently? (Art 31-33, NCC) *Is it bailable? *What is precautionary principle?