Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF THE PHILIPPINES

SUPREME COURT G.R.NO.101083

JUAN ANTONIO OPOSA AND OTHERS.................APPELLANTS
VERSUS
THE HONOURABLE FULGENCIO,
FACTORAN AND ANOTHER...............................RESPONDENTS

This petition was brought by a group of young Filipinos on their own behalf and on behalf of
future generations through their parents together with the Philippine Ecological Network
Incorporated after the Regional Trial Court had dismissed their suit on grounds of lack of cause of
action. They prayed for an order directing the secretary to the Department of Environment and
Natural Resources (DENR) to cancel all existing timber licence agreements and cease from
accepting or approving new agreements because the country’s natural forest cover was being
destroyed. They brought their action as a tax payers’ class suit claiming that as citizens and tax
payers they are entitled to a full benefit, use and enjoyment of the natural resource treasure and
that they had a Constitutional right to a balanced and healthful ecology.

HELD:

1. Since the subject matter of the complaint was of common and general interest to all
   citizens and it was impracticable to bring them all before court, the Petitioner’s suit was
   a valid class action under the revised rules of court.


2. The petitioners had a right to sue on behalf of the succeeding generations because every
   generation has a responsibility to the next to preserve the rhythm and harmony of nature
   for the full enjoyment of a balanced and healthful ecology. As a matter of fact, these
   basic rights need not even be written in the Constitution for they are assumed to exist
   from the inception of humankind.


3. The petitioner’s right to a healthful ecology and the DENR’s duty to protect and advance
   that right are both clear, and give rise to a cause of action as defined by law.

Application allowed