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Question

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

Question:

Marla, an environmental advocate, wants to file a petition for the issuance of a Writ of Kalikasan with the Regional Trial Court (RTC) to enforce her right to a clean environment in a heavily polluted area in her municipality. However, Marla is unsure of the requirements and procedure for filing such a petition.

In light of the given scenario, answer the following questions:

1. What are the requirements for filing a petition for the issuance of a Writ of Kalikasan? Explain each requirement briefly.
2. What is the procedure for filing a petition for the issuance of a Writ of Kalikasan with the RTC?
3. Can Marla directly file the petition with the Supreme Court (SC)? Explain the jurisdiction of the SC in Writ of Kalikasan cases.
4. Assuming Marla successfully files the petition, what are the reliefs or remedies that may be granted by the RTC?

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Answer