S.A 2020/21 B.E REMEDIAL LAW | Question #07

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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW #RemedialLaw #PreviousBarQuestions Code: S.A 2020/21 B.E REMEDIAL LAW | Question #07


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 BAR QUESTION | 


Can dolphins be plaintiffs in a suit to enjoin a land reclamation that will affect a biodiverse coral reef ? Explain briefly.


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VOL. I
VOL. II


SUGGESTED ANSWER |

No, the dolphins cannot be plaintiffs in a suit to enjoin a land reclamation that will affect a biodiverse coral reef. 


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Only natural or juridical persons, or entities authorized by law may be parties in a civil action (Rule 3, Sec. 1 of the Rules on Civil Procedure). 

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However, the dolphins may be represented by any Filipino citizen in a citizen’s suit to enforce rights or obligations under environmental laws (Rule 2, Sec. 5 of the Rules of Procedure in Environmental Cases).



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The need to give resident marine mammals legal standing has been eliminated by the Rules of Procedure for Environmental Cases, which allow any Filipino citizen, as a steward of nature, to bring a suit to enforce our environmental laws (Resident Marine Mammals of Protected Seascape Tanon Strait vs. Reyes, G.R. No. 180771, April 21, 2015).





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