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Natural Resources Law Midterm Exam Guide

The document outlines a natural resources law midterm exam with 10 questions testing students' knowledge of key concepts: 1) It asks students to differentiate between an Environmental Impact Assessment (EIA) and an Environmental Impact Statement (EIS). 2) It presents a hypothetical case about children suing to stop timber licenses and asks if the children have legal standing. 3) It asks about the validity of the State entering financial agreements with foreign corporations regarding natural resources exploitation. The summary highlights 3 of the 10 questions covered in the midterm exam, focusing on those that test understanding of important legal concepts in natural resources and environmental law.

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Yasha Min H
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273 views1 page

Natural Resources Law Midterm Exam Guide

The document outlines a natural resources law midterm exam with 10 questions testing students' knowledge of key concepts: 1) It asks students to differentiate between an Environmental Impact Assessment (EIA) and an Environmental Impact Statement (EIS). 2) It presents a hypothetical case about children suing to stop timber licenses and asks if the children have legal standing. 3) It asks about the validity of the State entering financial agreements with foreign corporations regarding natural resources exploitation. The summary highlights 3 of the 10 questions covered in the midterm exam, focusing on those that test understanding of important legal concepts in natural resources and environmental law.

Uploaded by

Yasha Min H
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Natural Resources Law

Atty. Yasmin M. H.Abdulkarim, CPA


Midterm Exams:

1. Differentiate EIA (Environmental Impact Assessment) from EIS (Environmental


Impact Statement). (5 points)

2. Forty-four children, through their parents, sought to make the DENR Secretary
stop issuing licenses to cut timber, invoking their right to a healthful
environment (Secs. 16, 15 Article II, 1987 Constitution). The petitioners further
asserted that they "represent their generation as well as generations yet
unborn." Do the petitioners have legal standing? Explain with legal basis. (10
points)

3. Can the State validly enter into FTAA (financial and technical assistance
agreement) with foreign-owned corporations for large-scale exploration,
development and utilization of natural resources? Does this not violate the
constitutional provision on the principle of sovereignty over our natural
resources? Explain. (10 points)

4. Explain the doctrine of exhaustion of administrative remedies. How does it differ


from the doctrine of primary jurisdiction? (10 points)

5. a) Is the issuance of Environmental Compliance Certificate by the DENR a


ministerial or discretionary function? Explain. (5 points)

b) Differentiate ministerial function from a discretionary one. Which of the two


can be compelled through a writ of mandamus? (5 points)

6. Give at least two (2) rights provided to the indigenous cultural communities/
peoples under the IPRA law. Explain. (10 points)

7. a.) What court/agency/office has the exclusive and original jurisdiction to hear
and decide cases involving the cancellation/enforcement of mining contracts, and
other matters which are purely administrative in nature? (5 points)

b.) What if the controversy/issue involves the repudiation of the existence and
validity of mining contracts? Explain. (5 points)

8. Explain the doctrine of laches and differentiate it from prescription. (10 points)

9. a.) Sec. 68 of the Revised Forestry Code provides for the acts punished under the
said law, to wit: “2.) possession of timber and other forest products without the
legal documents required under existing forest laws and regulations.” Can one
raise the defense of good faith, or the legality of the acts of gathering, cutting or
collecting the forest products caught under one’s possession? Explain. (5 points)

b.) Differentiate malum in se from malum Prohibitum. (10 points)

10. Can forest lands be alienated to private persons? If yes, how? If no, why not? (10
points)

It always seems impossible until it's done. – Nelson Mandela

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