OPOSA VERSUS FACTORAN:
THE LEGAL IMPLICATIONS
ON
INTERGENERATIONAL
RESPONSIBILITY
Archie Gamboa
Excerpt from the decision implies that the four laws of ecology are anticipated so much so that it drew exception to the procedures general rules on a minors incapacity to sue. Accordingly, for the first time in our nation’s constitutional history specifically in Section 16, Article II of the 1987 Constitution and united with the right to health which is provided for in the preceding section of the same article, the picture of the country’s concern regarding the environments manifest. The laws of ecology suggests that everything here on earth is interconnected which subsequently would have to go elsewhere, that they are not for free and ultimately it is nature which will have the last say. This could probably be the reason for the High Court to say that it does not follow that it (balance and healthful ecology) is less important than any of the civil and political rights. Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation. These basic rights need not even be written in the Constitution for they are assumed to exist from the inception of human kind and thereby imposing upon the state a solemn obligation to preserve, protect and advance it. The day would not be too far when all else would be lost not only for the present generation, but also for those to come – generations which stand to inherit nothing but parched earth incapable of sustaining life. Additionally, in Justice Feliciano’s concurring opinion he said, one specific fundamental legal right is the right to a balanced and healthful ecology. The list of particular claims which can be subsumed under this rubric appears to be entirely open-ended: prevention and control of emission of toxic fumes and smoke from factories and motor vehicles; of discharge of oil, chemical effluents, garbage and raw sewage into rivers, and coastal waters by vessels, oil rigs, factories, mines and whole communities; of dumping of organic and inorganic wastes on open-end, streets and thoroughfares; failure to rehabilitate and strip-mining or open-mining; kingpin or slash-and-burn farming; destruction of fisheries, coral reefs and other living sea resources through the use of dynamite or cyanide and other chemicals; contamination of ground water resources; loss of certain species of fauna and flora; and so on. In the court’s awakening concern over
the environment, the decision is telling the country’s constituents
that there is a need to be involved on the nature’s preservation.
The High Tribunal says that if the people is not
now equipped with the needed care
and diligence it needs to observe, the generation
to come may have nothing for themselves anymore.
The involvement of the State is on enactment of laws, procedures and other regulations and their enforcement. Ultimately, however, it must be the citizens who must show ample concern to help preserve the ecology where without it we may not live a second longer. There are many things regarding
ecology that are beyond the scope of enactment
and enforcement of laws, it is more of self-discipline
that each and every citizen must have.
These minor activities such as proper
waste classification and disposal, family birth control, planting
trees and others may collectively give
the needed concern the future generation pleads.
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