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Question

SPECIAL PROCEEDINGS AND SPECIAL WRITS
I. Rule of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)

Question:

Alice, a concerned citizen, recently discovered that a company operating near her community is continuously disposing hazardous waste materials in a nearby river, causing significant harm to the environment and posing health risks to the residents. Alice wants to take legal action to address this issue and protect the environment.

Using the Rule of Procedure for Environmental Cases (A.M. No. 09-6-8-SC), answer the following questions:

1. What is the appropriate remedy or legal action that Alice can take to address the environmental damage caused by the company's actions? Explain the process and requirements involved.
2. What is the jurisdiction of the court that can hear and decide on environmental cases? Can Alice file the case directly with the Supreme Court? Explain the rationale behind the jurisdictional requirement.
3. Discuss the concept of continuing mandamus and its significance in addressing environmental concerns. How can Alice seek the issuance of a continuing mandamus in this situation? What are the requirements and conditions for the granting of a continuing mandamus?

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Answer