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Question XXI

2018 Bar · Remedial Law · 2 sub-questions

XXI. The municipality of Danao, Cebu was a quiet and peaceful town until a group of miners from Denmark visited the area and discovered that it was rich in nickel. In partnership with the municipal mayor, the Danish miners had to flatten 10 hectares of forest land by cutting all the trees before starting their mining operations. The local DENR, together with the Samahan Laban sa Sumisira sa Kalikasan, filed a petition for writ of kalikasan against the municipal mayor and the Danish miners in the RTC of Cebu.
(a)(a) Is the petition within the jurisdiction of the RTC of Cebu? (2.5%)
(b)(b) What is the Precautionary Principle? (2.5%)

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