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    Natural and Environmental Laws Constitutional Law: Intergenerational Responsibility GR No. 101083 July 30 1993

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    audreyracela
    The document discusses the case of Oposa vs Factoran where minor plaintiffs filed a class suit against the Secretary of DENR to cancel existing timber licenses and stop granting new ones, arguing they have a constitutional right to a balanced ecology. The Supreme Court ruled the minors can file on behalf of themselves and succeeding generations based on the concept of intergenerational responsibility regarding the right to a balanced ecology.

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    Natural and Environmental Laws Constitutional Law: Intergenerational Responsibility GR No. 101083 July 30 1993

    Uploaded by

    audreyracela
    23 views1 page
    The document discusses the case of Oposa vs Factoran where minor plaintiffs filed a class suit against the Secretary of DENR to cancel existing timber licenses and stop granting new ones, arguing they have a constitutional right to a balanced ecology. The Supreme Court ruled the minors can file on behalf of themselves and succeeding generations based on the concept of intergenerational responsibility regarding the right to a balanced ecology.

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    1.1 Oposa vs Factoran

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    1.1

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    The document discusses the case of Oposa vs Factoran where minor plaintiffs filed a class suit against the Secretary of DENR to cancel existing timber licenses and stop granting new ones, arguing they have a constitutional right to a balanced ecology. The Supreme Court ruled the minors can file on behalf of themselves and succeeding generations based on the concept of intergenerational responsibility regarding the right to a balanced ecology.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views1 page

    Natural and Environmental Laws Constitutional Law: Intergenerational Responsibility GR No. 101083 July 30 1993

    Uploaded by

    audreyracela
    The document discusses the case of Oposa vs Factoran where minor plaintiffs filed a class suit against the Secretary of DENR to cancel existing timber licenses and stop granting new ones, arguing they have a constitutional right to a balanced ecology. The Supreme Court ruled the minors can file on behalf of themselves and succeeding generations based on the concept of intergenerational responsibility regarding the right to a balanced ecology.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    OPOSA VS FACTORAN Needless to say, every generation has a responsibility to the next to preserve that

    Natural and Environmental Laws; Constitutional Law: Intergenerational rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Put a
    Responsibility little differently, the minor’s assertion of their right to a sound environment constitutes
    GR No. 101083; July 30 1993 at the same time, the performance of their obligation to ensure the protection of that
    right for the generations to come.
    FACTS:
    A taxpayer’s class suit was filed by minors Juan Antonio Oposa, et al., representing
    their generation and generations yet unborn, and represented by their parents against
    Fulgencio Factoran Jr., Secretary of DENR. They prayed that judgment be rendered
    ordering the defendant, his agents, representatives and other persons acting in his
    behalf to:

    1. Cancel all existing Timber Licensing Agreements (TLA) in the country;


    2. Cease and desist from receiving, accepting, processing, renewing, or
    appraising new TLAs;

    and granting the plaintiffs “such other reliefs just and equitable under the premises.”
    They alleged that they have a clear and constitutional right to a balanced and healthful
    ecology and are entitled to protection by the State in its capacity as parens patriae.
    Furthermore, they claim that the act of the defendant in allowing TLA holders to cut
    and deforest the remaining forests constitutes a misappropriation and/or impairment
    of the natural resources property he holds in trust for the benefit of the plaintiff minors
    and succeeding generations.
    The defendant filed a motion to dismiss the complaint on the following grounds:

    1. Plaintiffs have no cause of action against him;


    2. The issues raised by the plaintiffs is a political question which properly
    pertains to the legislative or executive branches of the government.

    ISSUE:
    Do the petitioner-minors have a cause of action in filing a class suit to “prevent the
    misappropriation or impairment of Philippine rainforests?”

    HELD:
    Yes. Petitioner-minors assert that they represent their generation as well as generations
    to come. The Supreme Court ruled that they can, for themselves, for others of their
    generation, and for the succeeding generation, file a class suit. Their personality to sue
    in behalf of succeeding generations is based on the concept of intergenerational
    responsibility insofar as the right to a balanced and healthful ecology is concerned.
    Such a right considers the “rhythm and harmony of nature” which indispensably
    include, inter alia, the judicious disposition, utilization, management, renewal and
    conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, offshore
    areas and other natural resources to the end that their exploration, development, and
    utilization be equitably accessible to the present as well as the future generations.

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