THE LEGAL IMPLICATIONS
OF THE SUPREME COURT DECISION IN THE
OPOSA vs FACTORAN
CASE ON INTERGENERATIONAL RESPONSIBILITY
Maria. Eliza Dadula
The case of Oposa vs Factoran (GR No.
101083, July 30, 1993) was a significant case in the field of environmental
protection. In the said case, which was a taxpayer’s class suit,
minors who were represented and joined by their parents and the Philippine
Environmental Network sued to compel the then Secretary of DENR to cancel
existing Timber License Agreements (TLA’s), and to prevent the DENR Secretary
from receiving, accepting, processing, renewing or approving new timber
license agreements.
The trial court dismissed the action
on the grounds that the plaintiffs had no cause of action; that the issue
involved a political question over which the court could not assume jurisdiction;
and that the TLA is a contract which could not be impaired.
The Supreme Court held that there was a cause of action. The complaint in fact focused on the right to a balanced and healthful ecology. Since such right carries with it the correlative duty to refrain from impairing the environment. It implies the judicious management and conservation of the country’s forest. A denial or violation of that right by the other who has the correlative duty or obligation to respect the same gives rise to a cause of action. Second Issue : Whether or not the issues raised were political questions. The Supreme Court held that the issues
raised were not political question.
Third Issue : Whether or not TLA’s are contracts protected by the non-impairment clause? Needless to say, all licenses may thus
be revoked or rescinded by executive action. It is not a contract, property
or a property right protected by the due process clause of the Constitution.
Intergenerational Responsibility This case, however, has a special and novel element. Petitioner minors assert that they represent their generation as well as generations yet unborn. The SC held that they could, for themselves, for others 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. Such a right, as hereinafter expounded, considers the "rhythm and harmony of nature." The legal implications of the case are the following: 1. In ruling that the plaintiffs had the capacity to sue, a precedent was established that a class suit might be brought in the name of present and future generations for the protection of the environment. 2. The right of the people to a balanced and healthful ecology, as expressly stated in Article II (Declaration of Principles and State Policies), Section 16 of the 1987 Constitution, is an enforceable right even in the absence of legislation, making such provision the only self-executing provision in the Declaration of Principles and State Policies. 3. In so far as actions for the protection
of the environment are concerned, it would seem that each and every Filipino
might bring suit against anyone who endangers the right to a balanced ecology.
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