Gallant LTD Finals Samplex PDF

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NATRES–LTD (Atty.

Gallant) Finals Samplex

I. Enumeration:
1. Constitutional provisions regarding the environment (5)
Sources of pollution (4)
Other pollutants (3)
Non-fiscal incentives clean water act (3)
Incentives under clean water act (4)
Modes of acquiring public land (8)
Instances where lis pendens is proper (2)
Types of less than freehold estate (2)
Advantages of Torrens system (10)
Bonus (5)

II. Essay:
1. Clean water act penalties- LLDA. May penalties be reduced if voluntary undertook remedies
despite prohibitive costs? Cite legal basis.
2. On 2016, Congress enacted alternative fuel act mandating the use of CNGs for engines or motors
within one year from effectivity of the act. Petitioners filed a pet for writ of mandamus to compel
motor vehicles to use CNG. Solgen counters that nothing in alternative fuel act prohibits the use of
diesel and gasoline. Decide with reasons. Ans: petition for mandamus will not lie to compel the use
of CNG or compressed natural gas. Case of Henares vs LTFRB.
3. May government revoke contract of incineration technology under sec 20 of clean air? Elaborate.
Ans: Yes. Police power.
4. May fisherman claim damages against company for loss of income because of construction pipeline
by a company killing all the fishes? Is there a constitutional basis or law.? Ans: Yes. Case of Shell
Pilipinas vs. Jalos.
5. Cruz vs. DENR. IPRA. Decide on merits, not technicalities.
6. Gerry and Rosalie filed a join app for reg of land claiming paying of taxes and OCENPO. Solgen
countered that no OCENPO for at least 30yrs and land was not classified as alienable or disposable.
Applicant opposed that classification was without basis- that is more beneficial as forest land than
agricultural land. Solgen countered that classification is prerogative of executive, possession of forest
land cannot ripen into ownership. Decide the case. Ans: Bureau of Forestry vs CA.

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7. Sarah sold to Bruce with assumption of mortgage but did not register. Sarah sold to Charles did not
register. Bruce found out about the second sale. He saw Charles constructing a fence. After, he
registered the sale on July 26, 2016. Charles registered on August 1, 2016. Adverse claim of Bruce
was annotated on Charles’ title? Who is legally entitled to the property? Ans: Double sale. Registration
in Bad Faith.

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