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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSV. SPECIAL PROCEEDINGS AND SPECIAL WRITSI. Rule of Procedure for Environmental Cases (A.M. No. 09-6-8-SC)

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Question

Question:

In a special civil action for the issuance of a writ of kalikasan, a group of environmental activists filed a petition against a mining corporation alleging that its mining activities have caused severe damage to the surrounding ecosystems and endangered the lives of nearby communities. The petitioners argue that the mining corporation violated various environmental laws and regulations, including A.M. No. 09-6-8-SC - the Rule of Procedure for Environmental Cases.

Assuming you are the presiding judge, what steps would you take to ensure that the proceedings comply with the provisions of A.M. No. 09-6-8-SC? Discuss at least five (5) important procedural requirements or considerations that you must observe in handling the case.

Explain each requirement or consideration in detail, citing specific provisions of A.M. No. 09-6-8-SC to support your answer.

Note: This answer should focus solely on the procedural requirements and considerations under A.M. No. 09-6-8-SC, without delving into the substantive environmental issues raised in the petition.

  1. Identify and explain the procedural requirements or considerations for the filing and processing of the writ of kalikasan petition, as provided in A.M. No. 09-6-8-SC.
  2. Discuss the appointment and responsibilities of the special environment court or designated special environmental court judges, as provided under A.M. No. 09-6-8-SC.
  3. Explain the requirements for the issuance, service, and implementation of the writ of kalikasan, as provided for in A.M. No. 09-6-8-SC.
  4. Describe the guidelines and procedures for the conduct of hearings, presentation of evidence, and submission of reports under A.M. No. 09-6-8-SC.
  5. Discuss the remedies or sanctions available to the court in case of non-compliance with or violation of the procedural requirements in A.M. No. 09-6-8-SC.

Answer

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