JUAN ANTONIO, ANNA ROSARIO and JOSE ALFONSO, all surnamed OPOSA, and represented by their

parents ANTONIO and RIZALINA OPOSA VS. HON. FULGENCIO FACTORAN and HON. ERNESTO
ROSARIO
G.R.NO. 101083 JULY 30 1993
FACTS:
The petition bears upon the right of Filipinos to a balanced and healthful ecology pursuant to Section 16 of Article II
of the 1987 Constitution. Plaintiffs Oposa allege that 25 years ago, the Philippines had 16 million hectares of forest
only to be cut down and deforested due to the continued allowance of Timber License Agreement Holders. The acts of
the defendant party poses injury to the land and the plaintiff’s constitutional right to a healthy and suitable
environment.
On June 22 1990, Defendant Secretary Factoran filed a motion to dismiss on grounds that said plaintiffs had no cause
of action against him and said issues properly pertains to legislative and executive government.
ISSUE:
Whether or not the issue of Secretary Factoran’s alleged grave abuse of discretion in granting Timber License
Agreements to cover more areas for logging than what is available involves a judicial question.
HELD:
YES. Under Section 16 Article II of the 1987 Constitution, the right to a balanced and healthful ecology carries with
the correlative duty to refrain from impairing the environment. Section 1 of the Administrative Code stresses the
necessity of maintaining a sound ecological balance and protection and enhancing the quality of the environment.
Furthermore, both Executive Order 192 and the Administrative Code have set the objectives that will serve as bases
for policy formulation and would define the power and function of DENR. Therefore, the right of the petitioners to a
balanced and healthful ecology is as clear as the DENR’s duty to protect and advance said rights. The court finds this
petition granted, dismissing Civil Case Nom 90-772. The petitioners may amend their complain to implead rather than
invoke the non-impairment clause to defendants holders and grantees of TLA.