OPOSA VS FACTORAN

2 2 4 S . C . R . A . 7 9 2
J U L Y 3 0 , 1 9 9 3

Presentation Design
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FACTS
THE MINORS AND THEIR PARENTS FILED A CASE AGAINST SEC.
FULGENCIO FACTORAN JR. TO REVOKE ALL CURRENT TIMBER LICENSE
AGREEMENTS IN THE NATION AS WELL AS TO STOP CONSIDERING AND
APPROVING ANY NEW TIMBER LICENSE AGREEMENTS. THE
PETITIONERS WERE ASSERTING THEIR RIGHTS UNDER ARTICLE II,
SECTION 16 OF THE CONSTITUTION TO A BALANCED AND HEALTHFUL
ECOLOGY. IN THE MEANTIME, THE RESPONSE CLAIMED THAT THE
PETITIONERS LACK LEGAL STANDING. ADDITIONALLY, THE MATTER IS A
POLITICAL ONE THAT NEEDS TO BE BROUGHT UP IN EITHER THE
LEGISLATIVE OR EXECUTIVE BRANCH.
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ISSUE
1. WHETHER OR NOT PETITIONERS’ COMPLAINT HAS A VALID CAUSE OF
ACTION.

2. WHETHER OR NOT JUDICIAL REVIEW CAN BE INVOKED

3. WHETHER OR NOT THE TIMBER LICENSE AGREEMENT VIOLATES THE

“NON-IMPAIRMENT CLAUSE” OF CONTRACTS
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RULING

1. YES. THERE IS A CAUSE OF ACTION.

THE RIGHT TO A HEALTHY AND BALANCED ENVIRONMENT IS A CRITICAL CIVIC AND
POLITICAL RIGHT THAT INVOLVES SELF-PRESERVATION AND SELF-PERPETUATION. IT IS
LISTED IN ARTICLE II SECTION 16 OF THE CONSTITUTION. INCLUDING THESE RIGHTS IN
THE FUNDAMENTAL CHARTER STEMS FROM THE CONCERN THAT UNLESS THEY ARE
MANDATED AS STATE POLICIES BY THE CONSTITUTION, THEY MAY BE LOST FOR THE
CURRENT AND FUTURE GENERATIONS. THE STATE IS RESPONSIBLE FOR SAFEGUARDING
AND PROTECTING FUNDAMENTAL RIGHTS, ENSURING THEY ARE NOT LOST FOR FUTURE
GENERATIONS.

THE PROVISIONS ON THE RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY ARE SELF-
EXECUTING AND CAN BE BASIS OF AN ACTION IN COURT.
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RULING

2. YES.

UNDER SECTION 1 ARTICLE VIII OF THE CONSTITUTION, THE EXPANDED POWER

OF THE JUDICIARY INCLUDES THE DUTY OF THE COURTS TO DETERMINE
WHETHER THERE HAS BEEN A GRAVE ABUSE OF DISCRETION IN ANY BRANCH
OF THE GOVERNMENT.

THUS, EXECUTIVE AND LEGISLATIVE ACTIONS ARE NOT IMMUNE TO JUDICIAL

REVIEW.
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RULING

3. NO.

SINCE TIMBER LICENSES ARE NOT CONTRACTS, THE NON-IMPAIRMENT CLAUSE,

WHICH READS:
SEC. 10. NO LAW IMPAIRING, THE OBLIGATION OF CONTRACTS SHALL
BE PASSED
CANNOT BE INVOKED.

THEY ARE NOT CONTRACTS BUT LICENSES THAT GIVES PRIVILEGES SUBJECT TO
THE STATE’S POWER OF REGULATION
 OPOSA DOCTRINE

Present generation's responsibility to protect the environment for future

generations