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Oposa v. Factoran Assignment

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O

POSA VS FACTORAN
Facts:
This case is a class suit brought by 44 children, through their parents, claiming that they bring
the case in the name of their generation as well as those generations yet unborn. It was filed
against the Secretary of the Department of Environment and Natural Resources, seeking to
have him cancel all the timber licence agreements (TLAs) in the country and to cease and
desist from accepting and approving more timber licence agreements. The children invoked
their right to a balanced and healthful ecology and to protection by the State in its capacity as
parens patriae. The petitioners claimed that the DENR Secretary's refusal to cancel and to stop
issuing TLAs was "contrary to the highest law of humankind-- the natural law-- and violative of
plaintiffs' right to self-preservation and perpetuation." The Lower Court dismissed the case.
Hence the instant petition.
Issue
Did the children have the legal standing to file the case?
Ruling
Yes. The Supreme Court in granting the petition ruled that the children had the legal standing
to file the case based on the concept of intergenerational responsibility. Their right to a
healthy environment carried with it an obligation to preserve that environment for the
succeeding generations. In this, the Court recognized legal standing to sue on behalf of future
generations.
1.
a. The petition instituted is a class suit seeking the cancellation and non-issuance of timber
licence agreements which allegedly infringed the constitutional right to a balanced and
healthful ecology. The subject matter of the complaint is of common and general interest not just to
several, but to all citizens of the Philippines . Petitioners minors assert that they represent their generation as
well as generations yet unborn. The Court find no difficulty in ruling that they can, for themselves, for others
of their generation and for the succeeding generations, file a class suit. Their personality to sue in behalf of
the succeeding generations can only be based on the concept of intergenerational responsibility insofar as
the right to a balanced and healthful ecology is concerned.
b.
The
right
to
a
balanced
and
healthful
ecology
,
considers
the "rhythm and harmony of nature." Nature means the created world in its entirety. Such rhythm and
harmony indispensably include, inter
alia, the judicious disposition, utilization, management, renewal and conservation of the country's forest,
mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their
exploration, development and utilization be equitably accessible to the present as well as future
generations. Every generation has a responsibility to the next to preserve that rhythm and harmony for the
full enjoyment of a balanced and healthful ecology. The minors' assertion of their right to a sound
environment constitutes, at the same time, the performance of their obligation to ensure the protection of that
right for the generations to come.

c.

While the right to a balanced and healthful ecology is to be found under the Declaration of Principles
and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the
civil and political rights enumerated in the latter. As a matter of fact, these basic rights need not even
be written in the Constitution for they are assumed to exist from the inception of humankind. The right to a
balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment.
Section 16 is unusual among those found in Article II in that, whereas almost all the other provisions in the
Article are not self-executing but need implementing legislation to make them effective, Section 16 has been
recognized by the Supreme Court as self- executing like the provisions in the Bill of Rights.

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