ENVERGA LAW SCHOOL

Natural Resources and Environmental Law

Final Examination

Read each question carefully and answer the questions legibly, clearly, and concisely.

1. A petition for the issuance of a Writ of Kalikasan was filed before the Regional
Trial Court of Lucena City in behalf of the inhabitants of Tayabas City and
Lucena City, praying the Honorable Court to direct Malapot Power Plant (located
at Brgy. Gulang-Gulang) to cease and desist from continuing its operation as the
emission from that plant continues to cause damage to the health and property of
the inhabitants mentioned above. The petition is sufficient in form and substance
with comprehensive discussion on the precautionary priciple. If you were the
RTC judge, how will you rule on the petition? (10 pts.)

2. What are the requisites before a Temporary Environmental Protection Order

(TEPO) could be issued ex parte?

What is the duration of the TEPO mentioned above? How much is the bond to be
posted by the TEPO apllicant? (10 pts.)

3. JMB was arrested by virtue of a warrant of arrest issued based on the

Information filed against him for violation of PD 705. He posted bail in
accordance with the Rules of Procedure for Environmental Cases and was
scheduled for arraignment. On the day of arraignment, JMB failed to appear
without any justifiable reason. The court entered a plea of not guilty in behalf of
JMB. Counsel for JMB opposed the court’s action stating that it is violative of the
provisions of Rule 116 of the Revised Rules on Criminal Procedure.

Was the action taken by the court proper? Explain. (10 pts.)

4. VF was arrested by DS and her team for violation of RA 9147 as he was caught
in the act of transporting wildlife. RG took photographs of the seized Leatherback
Sea Turtle while being recovered by the law enforcement officers. During trial,
DS was called on the witness stand to testify on the fact of arrest as well as the
taking of the photographs. RG will no longer testify on the photographs she took
because she already migrated to Canada. Counsel for VF objected to the offer of
testimony arguing that DS is incompetent to testify on the photographs as she
was not the one who took them, thus, incompetent to testify on, and identify
those photographs.

If you were the judge, how will you rule on the admissiblity of the testimony with
respect to the photographs? (20 pts.)

5. RRR Company Lucena Inc., filed a case for damages with prayer for
Temporary Restraining Order (TRO) before the RTC of Lucena City against
the members of the Lucena City Bantay Dagat, the Local Government Unit, and

BFAR. RRR Company alleges that the operations of the law enforecement units

were focused on their fishing boats only while the fishing boats of other
companies engaged in illegal fishing were not being seized. The prayer for the

issuance of a TRO seeks to hold in abeyance the continous law

enforcement operations, the same being arbitrary, along the
shorelines of Dalahican and Talao-Talao where RRR Company
conducts its business.

If you were the RTC Judge, will you grant the prayer for TRO? Explain.
(10 pts.)
6. Submitted for inquest is a complaint for violation of RA 8550 as amended by RA
10654 filed against A and B. The complaint is supported by the affidavit of the
persons/fisherfolks who saw A and B using explosives for fishing as well as
photographs of the seized items. The complaint likewise includes the Chemistry
Report prepared by the crime laboratory stating that the items seized from A and
B were actually explosives.

If you were the inquest prosecutor,will you consider the complaint valid for
inquest?
Define Inquest Investigation. (20 pts.)