Legal implications
resulting from the landmark case of Oposa vs Factoran would include the
following
Bonifacio Uy
Some of the legal implications
resulting from the landmark case of Oposa vs Factoran would include the
following:
(a) That the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature embodied in the Constitution is a demandable right. Violations of this right can give rise to a valid cause of action that the citizens can seek redress from the court. (b) That the right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. (c) That the citizens or residents, even minors, can file a valid class and with the legal personality to represent not only their contemporary generations or communities but the future generations as well on matters involving their right to and obligation to protect a wholesome environment. (d) Actions for the cancellation of Timber License Agreements (TLAs) and other licenses for the exploitation and utilization of natural resources are not political questions but subject to judicial review pursuant to the power of the court to rule upon even the wisdom of the decisions of the executive and legislature and to declare their acts invalid for lack or excess of jurisdiction due to grave abuse of authority. (e) In an actions for the cancellation of TLAs, there is a need to implead, as party defendants, the concerned TLA grantees for they are indispensable parties thereof. (f) Reiteration of the principle that licenses granted by the State are not contracts that give rise to vested rights. As such, licences are not covered by the non-impairment of contract clause of the Constitution, and may be subjected to cancellation or amendment when public interest so requires. (g) The authority of local government units based on constitutional provision and jurisprudence, in addition to statutory provisions, to legislate and exercise police power to protect the environment and promote sustainable development has been affirmed. |