QUESTIONS

1. Can a foreigner file a writ of kalikasan?

2. Difference between citizens suit and real party in interest

3. Can a foreigner file for citizens suit?

4. Are all courts considered environmental courts?

5. Name 3 laws enumerated that is considered environmental laws

6. New rule in procedures

7. Explain how any particular provision of the rule be used to achieve the objectives mentioned in Rule 1?

8. One day witness rule

9. In Writ of kalikasan:
a. Must the province be contagious?
b. Or can they be separated? Transcends political and economic boundaries?

10. Is it possible that a writ of kalikasan may be filed if it affects only one (1) province?

11. Are you referring to the second highest court, the CA? Can writ of kalikasan be filed in CTA?

12. Where should the writ of kalikasan be filed?

13. Within what period can SC decide case?

14. What is a consent decree? How is it differentiated from compromise agreement? Is it same as compromise
agreement?

15. Compromise agreement is one of the modes of ADR**

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16. Dagudag vs Paderangga

17. Who are the member countries of Asia?

18. Chairman of ASEAN?

19. Issue on Benham Rise

20. Segovia vs Philippine Climate Commission

21. The writ of kalikasan should be filed before the SC or CA? If SC, is it a violation of the doctrine of hierarchy of
courts?
- The rule provides that it can be filed in the SC or any stations of the CA. It is not a violation of the doctrine of
hierarchy of courts. The SC may issue writ of kalikasan but the admission and presentation of evidence is
referred to CA kasi masyadong busy SC.

22. What is hot tubbing?

23. What are the advantages of consent decree?

24. The logs were legally cut, seized, and board on truck. Then such truck was seized. What is the nature of the act?
- Malum prohibitum

25. Case of Momongan vs Omipon

26. Case of Factoran vs CA

27. Why is motion for intervention allowed?

28. Suppose no affidavit of witnesses is attached, will the complaint be outrightly dismissed? Read Dolot vs Paje.

29. Can the RTC issue TRO?

30. Philippine Judicial Academy

- School of judges

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31. Enumerate at least 4 modes of ADR

32. How is mediation done?

33. Should the counsels of parties be present in mediation?

34. Can the affidavits submitted in lieu of direct examination be cross-examined?

35. Can one day witness rule be extended?

36. In what way does the affidavits of witnesses helps in expediting the proceedings?

37. Under Rule 4, under what period shall the court decide the case?
- Not more than 1 year from the filing of the complaint

38. Within what period should the case be decided? (in rule 4)
- 60 days/ 2 mos

39. Quantum of evidence in SLAPP:

a. For the defense Substantial evidence
b. For the person who originally filed the case Preponderance of Evidence

40. Which is more difficult to prove, substantial evidence or preponderance of evidence?

41. Is the dismissal of the SLAPP final and executory? Does it have the effect of res judicata?
- Yes

42. Is the rule on writ of continuing mandamus unconstitutional? Is it an encroachment in the powers of the executive
department?

43. Can the court create a body to monitor the implementation of writ of continuing mandamus?

44. Can the court direct DepEd to include in its curriculum certain environmental laws?

45. Can you be convicted for mere possession of narra? Case of Mustang Lumber.

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46. Who has the authority to confiscate?

47. Who has the authority to release the car used to transport illegal forest product? If the court has released it to you is
the court correct? Situation: naacquit ka ng court.

48. Criminal information was filed in the RTC of Laoag, but you are arrested in Tagbilaran Bohol. Who has the
authority to grant you bail?

49. Why is it important for the complainant to place in his complaint that it is an environment case?

50. Case of West Tower Condominium vs FPIC

51. Case of Arigo vs Swift

52. What is the difference between a continuing mandamus and a mandamus?

53. Can the court order a thing in the custody of DENR to release the said seized items in a petition for replevin?

54. Is narra a forest product? Or is it timber or lumber? Mustang vs CA

55. Who has the authority to order seizure of conveyance?

56. Elements of trial in absentia

57. In a criminal case, is motion for intervention prohibited?

- No

58. If one is from Leyte and he was sought poaching in Laoag, where must the case be filed against him?

59. Is it possible to try 4 cases against 1 person, the said cases arising from a single act? Loney vs People

60. X has legally cut logs and conveyed it without permit. It was confiscated. Can the court order the release of the
confiscated items?