OPOSA V.

FACTORAN

G.R. NO. 101083 (JULY 30, 1993)

Facts

Minors Juan Antonio Oposa, et al., representing their generation and

generations yet unborn, and represented by their parents, filed a taxpayer’s class suit
against Fulgencio Factoran Jr., Secretary of DENR. The petitioners prayed that
judgment be rendered ordering the defendant and other persons acting in his behalf
to (1) cancel all Timber Licensing Agreements (TLA) in the country and to (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, the petitioners claim that the act of the defendant, which is the
allowance of TLA holders to cut and deforest the remaining forests constitutes
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 case 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/s

Whether or not the petitioners have a cause of action in filing a class suit to
prevent the misappropriation or impairment of the Philippine rainforests?

Ruling

YES. The minors asseverate that they represent their generations and
generations yet unborn. The court finds no difficulty in ruling that they can.
Regarding the issue vis-à-vis the absence thereof, the court found the statements of
the petitioners to be adequate enough to show, prima facie, the claimed violation of
their rights. The instant petition was GRANTED, and the challenged Order of
respondent judge was set aside. The petitioners may therefore amend their complaint
to implead.

Separate Opinion

FELICIANO, J., concurring

 The seminal principles laid down in this decision are likely to influence
profoundly the direction and course of the protection and management of the
environment, which of course embraces the utilization of all the natural resources in
the territorial base if our polity.