Lyceum Moot Kaliwa and Chico 2019

Environmental Law Moot Court Exercise
Lyceum College of Law

Dr. Antonio G. M. La Viña
Instructions
ASSUMPTION:
This is a fictitious exercise based partially on actual situations and real

personalities. The Professor is solely responsible for imagining these situations
(although the personalities and situations are real), with the following learning
objectives: (1) students are able to master the law and jurisprudence of the
administrative law relevant to exercise; (2) students are provided a glimpse of
what actual advocacy and judicial decision-making might be; (3) imagine better
ways to achieve justice in our imperfect democracy.
Background Materials
Please read the following articles as background for the case:
https://www.rappler.com/thought-leaders/227855-opinion-more-than-just-debt-
money-kaliwa-chico-dam-series-part-1
https://www.rappler.com/thought-leaders/228039-road-damnation-chinese-
funded-dams-series-part-2
https://www.rappler.com/thought-leaders/231958-development-is-kaliwa-dam-
actually-viable
You may do further research and use other materials as you see fit for the
arguments your litigation will be making or to help in your role as Jusice in this
moot court exercise.
Scope of Exercise
What will be litigated in this exercise are three related petitions questioning the
government’s approval of the Kaliwa River and Chico River Dam projects.
Assume that the following facts are uncontroverted:
(1) Both dams were approved without environmental impact assessment as

required by law. But the President, invoking national interest, has
exempted such projects from EIA. Assume that the President has such
power under current law. Preparatory actions have started to build the
dams even without such EIA.
(2) Pre-construction activities are also started even without the Free Prior
Informed Consent of the indigenous peoples in the areas affected as
required by the Indigenous People’s Rights Act.
(3) There is no question that Manila needs a new water source and the
Cordillera and nearby regions need more irrigation systems.
(4) The loans with China are ready for signing as they have already been
negotiated
The first two petitions are for the issuance of separate writs of kalikasan against
each project and a petition for prohibition directed at the government to stop it
from entering into loans with China to support the building of the two loans. Even
as it is unusual and usually not done, the Supreme Court has consolidated the
cases and is hearing all the cases in one session for oral arguments.
TEAMS:
9 students, will act as Justices of the Supreme Court, including the Chief Justice.
There will be 9 litigation teams each led by a Lead Counsel who will argue the
case for the team.
For Petitioners: The four litigation teams below are counsels of petitioners.
- Counsels of the Kaliwa River Coalition, on behalf of themselves and of the

plants and animals which might go extinct because of the project, and behalf also
of the mighty Kaliwa river that will be destroyed by this project,
- Counsels of the Chico River Coalition, on behalf of themselves as well as past

and future generations of Kalinga people whose villages will be inundated by the
Chico River irrigation project, and behalf also of the mighty Chico river that will be
destroyed by this project,
- Counsels of the Pro-Philippines Coalition who are questioning the Chinese

loans funding the project.
-Counsels of the Friends of Nature organization who are opposing the projects
because of its environmental impacts and who are asserting the rights of rivers,
plants and animals to be a party to the case.
For Respondents: The four litigation teams below are counsels of respondents.
- Solicitor General Team 1, Counsel of DENR
- Solicitor General Team 2, Counsels of DOF
- Solictor General Team 3 – Counsels of MWSS

- Solicitor General Team 4 – Counsels of NIA
There will be a ninth team – the Amicus Curiae who is free to take any position
on all the issues.
LEGAL ISSUES:
(1) Does rivers, plants, and animals have standing in this case?
(2) Does past and future generations of Kalinga and Dumagat people affected
by the projects have standing in this case?
(3) Can the President exempt projects from EIA on the basis of national
interest? Does this violate the right to a sound environment as ruled,
(4) Does the Supreme Court have the power to review loans the executive
branch is negotiating with other governments or with commercial entities?
(5) Given its terms, are the loans with China constitutionally valid?
(6) Should the SC issue the Writ of Kalikasan be issued vs the government
for one or both projects?
(7) Should the SC issue a prohibition order so the government will not
proceed with the loans with China?
The litigation teams might divide these issues as they see fit.
PROCESS:
Every litigation team will have 15 minutes each. The order will be according to
the issues indicated above with the petitioners speaking first.
All Justices and counsels (while speaking) must wear black robes.
AFTER THE ORAL ARGUMENTS:
After the oral arguments, the Court shall immediately convene and vote on the
case, voting on each issue as outlined above and then deciding whether to grant
the remedies requested.
SUBMISSION OF LEGAL MEMORANDUMS AND OPINIONS
Each team must submit by noon June 27 their legal memorandums stating their
case. Each team will address all legal issues up for adjudication and not just their
assigned issue.
The Justices from each class shall also prepare a decision, including majority,
concurring, and dissenting opinions as needed. The deadline for this will be given
earlier.
The deadline for the opinions will be set later.

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Environmental Law Moot Court Exercise

Lyceum College of Law

This is a fictitious exercise based partially on actual situations and real

Please read the following articles as background for the case:

(1) Both dams were approved without environmental impact assessment as

- Counsels of the Kaliwa River Coalition, on behalf of themselves and of the

- Counsels of the Chico River Coalition, on behalf of themselves as well as past

- Counsels of the Pro-Philippines Coalition who are questioning the Chinese

- Solicitor General Team 1, Counsel of DENR

- Solicitor General Team 2, Counsels of DOF

- Solictor General Team 3 – Counsels of MWSS

AFTER THE ORAL ARGUMENTS:

SUBMISSION OF LEGAL MEMORANDUMS AND OPINIONS

The deadline for the opinions will be set later.

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