ENVERGA LAW SCHOOL

Natural Resources and Environmental Law

Midterm Examination

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

1. What is “Environmental Law”? (10 pts.)

2. What are the objectives in establishing the Rules of Procedure for
Environmental Cases? (10 points)
3. What are the strategies incorporated in the Rules of Procedure for
Environmental Cases to attain the objectives mentioned in question
number 2? (10 pts.)
4. Explain the “Precautionary Principle”. (10 pts.)
5. Explain the “Right to Represent Future Generations/Intergenerational
Responsibility”. (10 pts.)
6. The “Samahan ng mga Mangingisdang Puyat” filed a petition for
certiorari and prohibition praying that certain ordinances, orders and
resolutions passed by the province of PLN and the city of PP relating
to the banning of shipments of live fish and lobster outside PP, be
declared as unconstitutional on the ground that the said ordinances
deprive them of their right to due process of law and of their only
means of livelihood. The LGUs defended the validity of the
ordinances by arguing that their issuance was a valid exercise of the
local government’s power under the general welfare clause of the
Local Government Code of 1991 (LGC).

Are the ordinances unconstitutional? What is the connection of

environmental law in the above case Explain. (20 pts.)

7. The members of the DENR in the City of LCN found MM and PP in

possession of and transporting three pieces of mahogany lumber.
When asked for the necessary permit from DENR, MM and PP were
not able to give one. Both of them were charged with violation of
Section 68 of the Revised Forestry Code of the Philippines. Both MM
and PP pleaded not guilty during the arraignment. During trial, they
raised the defense that Section 68 of PD 705 does not punish mere
possession and transport of forest products, and instead punishes the
acts of cutting, gathering and/or collecting timber or other products
without license, which, they did not commit.

Is the defense raised by MM and PP impressed with merit? Explain.

(10 pts.)

8. Due to the current “Plantita Craze”, AB decided to venture in the

business of selling plants. On 10 October 2020, AB was transporting
Waling-Waling to Manila. He was flagged down by the
 members of the NBI and the DENR in a checkpoint in Lucena City.
When asked to present documents to show that he is authorized to
transport Waling-Waling, he failed to show any. Is he liable for
violation of any enivironmental law. Explain. (20 points)

9. C and R were caught in the act of cutting two coconut trees by the

elements of the Lucena City Police Station, without the necessary

permit or authority to do so. The two were arrested and a complaint

for violation of Section 68 of Presidential Decree 705 was filed

against them before the City Prosecutor’s Office.

Will the case against C and R for violation of PD 705 prosper?

Explain.(10 pts.)