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Oposa vs. Factoran

The minor petitioners filed a class action lawsuit against the government regarding the cancellation of existing timber license agreements and cessation of approving new agreements in order to preserve the country's remaining virgin tropical forests for current and future generations. The Supreme Court ruled that the minor petitioners have legal standing to file the complaint on behalf of themselves, their generation, and future generations, based on the concept of intergenerational responsibility to ensure the protection of the right to a balanced and healthy ecology for generations to come.

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398 views1 page

Oposa vs. Factoran

The minor petitioners filed a class action lawsuit against the government regarding the cancellation of existing timber license agreements and cessation of approving new agreements in order to preserve the country's remaining virgin tropical forests for current and future generations. The Supreme Court ruled that the minor petitioners have legal standing to file the complaint on behalf of themselves, their generation, and future generations, based on the concept of intergenerational responsibility to ensure the protection of the right to a balanced and healthy ecology for generations to come.

Uploaded by

Uc Itlaw
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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JUAN ANTONIO, ANNA ROSARIO and JOSE ALFONSO, all surnamed OPOSA, minors, et. al, petitioners vs.

THE HONORABLE FULGENCIO S. FACTORAN, JR., et al, respondents. G.R. No. 101083 July 30, 1993 EN BANC, DAVIDE, JR., J.:

Facts:
The controversy has its genesis in Civil Case No. 90-77 which was filed before Branch 66 (Makati, Metro Manila) of the Regional Trial Court (RTC), National Capital Judicial Region. The principal plaintiffs therein, now the principal petitioners, are all minors duly represented and joined by their respective parents. The complaint was instituted as a taxpayers' class suit and alleges that the plaintiffs "are all citizens of the Republic of the Philippines, taxpayers, and entitled to the full benefit, use and enjoyment of the natural resource treasure that is the country's virgin tropical forests." The same was filed for themselves and others who are equally concerned about the preservation of said resource but are "so numerous that it is impracticable to bring them all before the Court." The minors further asseverate that they "represent their generation as well as generations yet unborn." Consequently, it is prayed for that judgment be rendered: . . . ordering defendant, his agents, representatives and other persons acting in his behalf to (1) Cancel all existing timber license agreements in the country; (2) Cease and desist from receiving, accepting, processing, renewing or approving new timber license agreements. and granting the plaintiffs ". . . such other reliefs just and equitable under the premises."

Issue:
Whether or not minor petitioners have legal standing (locus standi) to file complaint.

Ruling:
Yes, minor petitioners have legal standing (locus standi) to file complaint. This case, however, has a special and novel element. Petitioners minors assert that they represent their generation as well as generations yet unborn. Supreme Court finds 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. Such a right, as hereinafter expounded, 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. Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Put a little differently, 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.

Digested by: Jennelyn D. Bilocura Date: September 20, 2011

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