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OPOSA V Factoran Digest
OPOSA V Factoran Digest
OPOSA v. FACTORAN
GR No. 101083; July 30 1993 ISSUE: WON the petitioner-minors have a cause
of action in filing a class suit to prevent the
misappropriation or impairment of Philippine
FACTS: rainforests?
1. Cancel all existing Timber Licensing Their personality to sue in behalf of succeeding
Agreements (TLA) in the country; generations is based on the concept of
2. Cease and desist from receiving, intergenerational responsibility insofar as the
accepting, processing, renewing, or appraising right to a balanced and healthful ecology is
new TLAs; concerned.
and granting the plaintiffs such other reliefs Such a right considers the rhythm and
just and equitable under the premises. They harmony of nature which
alleged that they have a clear and constitutional indispensably include, inter alia, the
right to a balanced and healthful ecology and judicious disposition, utilization,
are entitled to protection by the State in its management, renewal and
capacity as parens patriae. conservation of the countrys forest,
mineral, land, waters, fisheries, wildlife,
Furthermore, they claim that the act of the offshore areas and other natural
defendant in allowing TLA holders to cut and resources to the end that their
deforest the remaining forests constitutes a exploration, development, and
misappropriation and/or impairment of the utilization be equitably accessible to the
natural resources property he holds in trust for present as well as the future
the benefit of the plaintiff minors and generations.
succeeding generations.
Needless to say, every generation has a
The defendant filed a motion to dismiss the responsibility to the next to preserve that
complaint on the following grounds: rhythm and harmony for the full enjoyment of a
balanced and healthful ecology.
1. Plaintiffs have no cause of action
against him; Put a little differently, the minors
2. The issues raised by the plaintiffs is assertion of their right to a sound
a political question which properly pertains to environment constitutes at the same
the legislative or executive branches of the time, the performance of their
government.
Natural and Environmental Laws; Constitutional Law: Intergenerational Responsibility