1. Section 4. Who may file.
— Any real party in interest, including the government and juridical
entities authorized by law, may file a civil action involving the enforcement or violation of any
environmental law.
Section 5. Citizen suit. — Any Filipino citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce rights or obligations under environmental laws.
Upon the filing of a citizen suit, the court shall issue an order which shall contain a brief description
of the cause of action and the reliefs prayed for, requiring all interested parties to manifest their
interest to intervene in the case within fifteen (15) days from notice thereof. The plaintiff may publish
the order once in a newspaper of a general circulation in the Philippines or furnish all affected
barangays copies of said order.
2. Abc
3. Jurisdiction is the power of a court to hear and decide cases. In criminal
law, it includes the power to impose punishment. Absent jurisdiction,
convictions and court-ordered sentences are void.
“Venue” is to the proper location where a case may be heard in a court of law.
In criminal cases, venue is the location where the particular crime was
committed. ... Jurisdiction refers the court's authority to rule on a particular
matter. Before it can render a decision, a court must verify that it has jurisdiction.
4. Sec. 2. The complaint or information – The complaint or information
shall be in writing, in the name of the People of the Philippines and
against all persons who appear to be responsible
for the offense involved.
In Civil procedure, the complaint is the pleading alleging the plaintiff's cause or
causes of action. The names and residences of the plaintiff and defendant must
be stated in the complaint.
5. A labor standard is the amount of labor time that is expected for the completion
of a task. It is sometimes referred to as the standard labor rate. The labor
standard concept is used when planning how many employees to assign to a
task, which is part of the budgeting and planning processes.
Labor standards - refers to that part of labor law which prescribes the minimum terms and
conditions of employment which the employer is required to grant to its employees.
Examples: Books One to Four of the Labor Code as well as Book VI thereof which deal
with working conditions, wages, hours of work, holiday pay and other benefits,
conditions of employment of women, minors, househelpers and homeworkers, medical
and dental services, occupational health and safety, termination of employment and
retirement.
6. Hierarchy of Courts. These courts observe a hierarchy (i.e., assigned levels,
status, and roles) established by the law and by the Supreme Court, which
governs when and how their granted powers may be invoked. In lawyer's
language, this is the principle of “hierarchy of courts.” Power of Courts –
Judicial Power. Under the principle of hierarchy of courts, direct recourse to this Court is
improper because the Supreme Court is a court of last resort and must remain to be so in
order for it to satisfactorily perform its constitutional functions, thereby allowing it to devote its
time and attention to matters within its exclusive jurisdiction and preventing the overcrowding
of its docket. 16 Nonetheless, the invocation of this Court’s original jurisdiction to issue writs
of certiorari has been allowed in certain instances on the ground of special and important
reasons clearly stated in the petition, such as,(1) when dictated by the public welfare and the
advancement of public policy; (2) when demanded by the broader interest of justice; (3)
when the challenged orders were patent nullities; or (4) when analogous exceptional and
compelling circumstances called for and justified the immediate and direct handling of the
case.17
7. After the overthrow of President Ferdinand Marcos in 1986, President Corazon Aquino,
using her emergency powers, promulgated a transitory charter known as the "Freedom
Constitution" which did not affect the composition and powers of the Supreme Court.
The Freedom Charter was replaced by the 1987 Constitution which is the fundamental
charter in force in the Philippines at present. Under the current Constitution, it retained
and carried the provision in the 1935 and 173 Constitutions that "judicial power is vested
in one Supreme Court and in such lower courts as may be established by law." However,
unlike the previous Constitutions, the current Constitution expanded the Supreme Court's
judicial power by defining it in the second paragraph of Section 1, Article VIII as:
SECTION 1. — xxx Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the Government.[r]
8. Negotiations with opposite party chan robles virtual law library
A lawyer should not in any way communicate upon the subject of controversy with
a party represented by counsel, much less should he undertake to negotiate or
compromise the matter with him, but should deal only with his counsel. It is
incumbent upon the lawyer most particularly to avoid everything that may tend to
mislead a party not represented by counsel, and he should not undertake to advise
him as to the law. chanrobles virtual law library
