WHAT ARE THE LEGAL
IMPLICATIONS OF THE SUPREME COURT DECISION IN THE OPOSA v.
FACTORAN, Jr. CASE On INTERGENERATIONAL RESPONSIBILITY?
Charmalou D. Aldevera
I have read the case of Oposa v. Factoran, Jr. for the first time when I took Constitutional Law I under Atty. Paul Montejo. The focus then was more on the “ Locus Standi or the personality to sue” of the minor-plaintiff-petitioners. They rightfully contented thru their representatives that their generation’s right and the generations- yet- unborn’s right to a balanced and healthful ecology is being violated right before their eyes. Petitioners contend that their Cause of Action contains sufficient allegations concerning their right to a sound environment based on the following : 1. Article 19, 20, 21 of the Civil Code
( Human Relations );
1. Cancel all existing timber
license agreements in the country;
The Supreme Court found no difficulties
in ruling that indeed they have
A Class Suit, under Rule 3 Section 12 of the Rules of Court, must meet the following requisites: 1. The subject matter of the controversy
is one of common or general interest to many persons so numerous;
Hence, a number of them which the court finds to be sufficiently numerous and representatives as to fully protect the interests of all concerned may sue or defend for the benefit of all. Any party in interest shall have the right to intervene to protect his individual interest. All the requisites for the filing of a valid class suit under such Rule are present both in the said Civil case and in this instant petition, the latter being an incident to the former. However, the case has “special and novel element”. The minors asserted that they represent not just their generation but as well as generations yet unborn. It was my first time then to hear a case where generations yet unborn are being represented in a case. Based on what I learned , a person has the personality to sue, hence, can institute a civil action, if he has a present, existing and actual right to be enforced and protected. Notwithstanding the fact that the case
focused on one specific fundamental legal right ------ the right to a balanced
and healthful ecology ----- one can not help but ask if the generation
yet unborn has a present, existing and actual right to be enforced
and protected in the instituted case.
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