1. Paz was awakened by a commotion coming from a condo unit next to hers.

Alarmed, she
called up the nearby police station. PO 1 Remus and P02 Romulus proceeded to the
condo unit identified by Paz. PO 1 Remus knocked at the door and when a man opened
the door, POI Remus and his companions introduced themselves as police officers. The
man readily identified himself as Oasis Jung and gestured to them to come in. Inside, the
police officers saw a young lady with her nose bleeding and face swollen. Asked by P02
Romulus what happened, the lady responded that she was beaten up by Oasis Jung. The
police officers arrested Oasis Jung and brought him and the young lady back to the police
station. PO1 Remus took the young lady's statement who identified herself as AA. She
narrated that she is a sixteen-year-old high school student; that previous to the incident,
she had sexual intercourse with Oasis Jung at least five times on different occasions and
she was paid P5,000.00 each time and it was the first time that Oasis Jung physically hurt
her. P02 Romulus detained Oasis Jung at the station's jail. After the inquest proceeding,
the public prosecutor filed an information for Violation of R.A. No. 9262 (The VA WC
Law) for physical violence and five separate informations for violation of R.A. No. 7610
(The Child Abuse Law). Oasis Jung's lawyer filed a motion to be admitted to bail but the
court issued an order that approval of his bail bond shall be made only after his
arraignment.

Did the court properly impose that bail condition?

2. Hannibal, Donna, Florence and Joel, concerned residents of Laguna de Bay, filed a complaint
for mandamus against the Laguna Lake Development Authority, the Department of Environment
and Natural Resources, the Department of Public Work and Highways, Department of Interior
and Local Government, Department of Agriculture, Department of Budget, and Philippine
National Police before the R TC of Laguna alleging that the continued neglect of defendants in
performing their duties has resulted in serious deterioration of the water quality of the lake and
the degradation of the marine life in the lake. The plaintiffs prayed that said government agencies
be ordered to clean up Laguna de Bay and restore its water quality to Class C waters as
prescribed by Presidential Decree No. 1152, otherwise known as the Philippine Environment
Code. Defendants raise the defense that the cleanup of the lake is not a ministerial function and
they cannot be compelled by mandamus to perform the same. The RTC of Laguna rendered a
decision declaring that it is the duty of the agencies to clean up Laguna de Bay and issued a
permanent writ of mandamus ordering said agencies to perform their duties prescribed by law
relating to the cleanup of Laguna de Bay.

[a] Is the RTC correct in issuing the writ of mandamus? Explain.

[b] What is the writ of continuing mandamus?

3. Explain the Variance doctrine.

4. Atty. Dalmacio, the Director of the National Bureau of Investigation, applied for a search
warrant before the Executive Judge of RTC Manila. He alleged in his application that a certain
alias Django was keeping about 10 kilos of shabu in a wooden cabinet located at Dillian's Store
in Paseo de Sta. Rosa, Laguna. The Executive Judge of Manila personally examined Atty.
Dalmacio and his witnesses and thereafter issued the search warrant particularly describing the
place to be

searched and the items to be seized.

(a) Can the search warrant issued by the Executive Judge of Manila be enforced in
Laguna?

(b) Can the legal concept of "venue is jurisdictional" be validly raised in applications for
search warrants?

5. The municipality of Danao, Cebu was a quiet and peaceful town until a group of miners from
Denmark visited the area and discovered that it was rich in nickel. In partnership with the
municipal mayor, the Danish miners had to flatten 10 hectares of forest land by cutting all the
trees before starting their mining operations. The local DENR, together with the Samahan Laban
sa Sumisira sa Kalikasan, filed a petition for writ of kalikasan against the municipal mayor and
the Danish miners in the RTC of Cebu.

(a) Is the petition within the jurisdiction of the RTC of Cebu?

(b) What is the Precautionary Principle?