Biyernes, Hulyo 13, 2012

Oposa vs. Factoran, G.R. 101083







Oposa vs. Factoran, G.R. 101083
Fact:


a cause of action to "prevent the misappropriation or impairment" of Philippine rainforests and "arrest the unabated hemorrhage of the country's vital life support systems and continued rape of Mother Earth."


The complaint2 was instituted as a taxpayers' class suit 3 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." 4Consequently, it is prayed for that judgment be rendered:


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.


Plaintiffs further assert that the adverse and detrimental consequences of continued and deforestation are so capable of unquestionable demonstration that the same may be submitted as a matter of judicial notice.


Issue: Whether or not petitioners have a cause of action?


HELD: YES


petitioners have a cause of action. The case at bar is of common interest to all Filipinos. The right to a balanced and healthy ecology carries with it the correlative duty to refrain from impairing the environment. The said right implies the judicious management of the country’s forests. This right is also the mandate of the government through DENR. A denial or violation of that right by the other who has the correlative duty or obligation to respect or protect the same gives rise to a cause of action. All licenses may thus be revoked or rescinded by executive action.


The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment

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