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JUAN A. OPOSA ET. AL., AND THE PHILIPPINE ECOLOGICAL NETWORK VS.

FULGENIO FACTORAN AND ERIBERTO U. ROSARIO


G.R. No. 101083, July 30, 1983

Facts:
The complaint alleges that the plaintiffs, minors who are represented by
their parents, “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 minors prayed that the defendant
and his agents cancel all existing timber license agreements in the country and
that they cease and desist from receiving, accepting, processing, renewing or
approving new timber license agreements. Also, they contend that the continued
abuse of the natural resources of the country are causing various environmental
tragedies and such violate people’s right to a healthful environment.

Secretary Factoran filed a Motion to Dismiss based on the grounds that the
plaintiffs have no cause of action against him and that the issue raised is a political
question which pertains to the legislative or executive branches of the
Government.

Issue:
Whether the petitioners have 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”

Ruling:
Yes. They can, for themselves, for other 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. Every generation has a responsibility to the next to preserve that
rhythm and harmony of nature for the full enjoyment of a balanced and healthy
ecology. The minors’ assertion of their rights to a sound environment constitutes
the performance of their obligation to ensure the protection of that right of the
future generations.

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