6/22/2021 Final Examination

Final Examination
* Required

Essay

Answer the questions briefly.

Explain the concept and advantages of a consent decree under the RPEC. 10 points

Under the RPEC, consent decree refers to a judicially-approved settlement between

concerned parties based on public interest and public policy to protect and preserve the
environment.

Further, the designation of a consent decree as a mode of settlement gives emphasis to the
public interest aspect in environmental cases and encourages the parties to expedite the
resolution of litigation. It also gives the parties more control and freedom in deciding their
disputes.

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What are the main differences between the Writ of Continuing 10 points

Mandamus and Writ of Kalikasan? *

As to the subject matter, the Writ of Kalikasan is available against an unlawful act of a
public official or employee, or private individual or entity, involving environmental damage of
such magnitude as to prejudice the life, health and/or property of the occupants in two or
more cities. On the other hand, the Writ of Continuing Mandamus is directed against the
unlawful neglect in the performance of an act specifically enjoined by law.

As to who may file, the Writ of Kalikasan may be filed by natural and juridical persons,
entities authorized by law, and public organizations, non-government organizations and
public interest groups on behalf of those whose right to a balanced and healthful ecology is
violated or threatened to be violated. On the other hand, the Writ of Continuing Mandamus
may only be filed by those personally aggrieved by such unlawful act.

The respondent in a Writ of Kalikasan may be public or private individual or entity, while in a
Writ of Continuing Mandamus, it may be the Government or its officers.

The Writ of Kalikasan may be filed with the Supreme Court or the Court of Appeals, while the
Writ of Continuing Mandamus may be filed with the Regional Trial Court with the territorial
jurisdication, or the Court of Appeals, or the Supreme Court.

Which of the various environmental laws discussed in class do you think 10 points
should be amended or revised? Explain in detail your proposed
amendment or revision and how you intend to regulate the activities of
humans in order to protect the right of the people to a balanced and
healthful ecology. *

All environmental laws should be revisited and revised accordingly.

The effects of the techonological advancements and possible further deterioration of our
environment due to climate change should be incorporated in all of our environmental laws.
The environment entails a very dynamic personality leading to severe scientific
uncertainties. It is best if there is a re-visit every 5 or 10 years to update our laws on
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environment for the utmost protection of the right of the people to a balanced and healthful
ecology.

The Sangguniang Panlungsod of Davao City wants to enact an ordinance 10 points

to impose a ban against any from of aerial spraying as an agricultural
practice by all agricultural entities within the city. The ordinance was
proposed by the sanggunian based on the precautionary principle. The
sanggunian feels that it is justified in enacting the ordinance in order to
prevent harm to the environment and human health despite the lack of
scientific basis. Mr. Juanito Lakarin, a councilor for the city opposed the
said ordinance. Mr. Lakarin approached you and asked you for your legal
opinion on the applicability of the precautionary principle. How would
you advice Mr. Lakarin? *

I would advice Mr. Lakarin to push through with his opposition using the inapplicability of
the precautionary principle.

Under the precautionary principle, when human activities may lead to threats of serious and
irreversible damage to the environment that is scientifically plausible but uncertain, actions
shall be taken to avoid or diminish that threat. The precautionary principle only applies when
the link between the cause, that is the human activity sought to be inhibited, and the effect,
that is the damage to the environment, cannot be established with full scientific certainty.

Here, the harm cannot even be evaluated or projected because of an utter lack of scientific
basis. Hence, it is premature to raise the concept of precautionary principle in banning any
form of aerial spraying.

Which of the different regulatory mechanisms discussed in class do you 10 points

think would best protect the environment as well as the environmental
rights of the people? *

Each of the regulatory mechanisms has its pros and cons, but I would choose the
imposition of penalties (internalizing externalities). This regulatory tool already has the
stepping stone in environmental laws.

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In the Philippine setting, internalizing externalities have already been incorporated in our
environmental laws. There have been numerous cases where polluters have actually been
taxed/charged to pay their equivalent damages caused to the environment. With better
implementation and with the help of future scientific advancements to calculate the costs to
the environment, this tool will be further amplified to protect the environment as well as the
environmental rights of the people.

Engr. Lope is a retired professor who upon retirement decided to live in a 10 points
farm in Manolo Fortich, Bukidnon. Her farm is located right next to Great
Pacific Mining Company (GPMC), a mining company extracting chromite
in the area. While walking around her property she noticed that many of
the mango trees that she planted near GPMC are dying. She concluded
that GPMC was responsible for the damage to her properties. Thus, she
filed a civil complaint against GPMC for damages. The said case has been
pending before the courts for five years. Frustrated by the progress of
the case, she posted pictures of her dead mango trees on Facebook
pointing to GPMC as the cause. Upon seeing the said post, GPMC
immediately filed a criminal case for Cyber Libel before the courts of
Makati City. Mrs. Robinson filed a motion to dismiss arguing that the said
case was a SLAPP which was filed to harass her prevent her from
asserting her environmental rights. If you are the judge, how would you
rule on the motion to dismiss? *

The motion to dismiss should be dismissed.

Strategic Lawsuit Against Public Participation (SLAPP) partakes a legal action filed to
harass, vex, exert undue pressure any legal recourse that any person has taken or may take
in the enforcement of environmental laws.

In this case, the posting of pictures on Facebook is not a legal recourse that Mrs. Robinson
is entitled. Hence, she cannot invoke SLAPP as her defense.

A copy of your responses will be emailed to the address you provided.

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