the case of oposa versus factoran

CASE BRIEF

OPOSA VS FACTORAN

FACTS:

 This case originating from the Regional Trial Court of Makati, Metro Manila was initiated by several minors, as represented by their parents, including via their representation the generations yet unborn. As the original defendant, Secretary Factoran of the Department of Environment and Natural resources was impleaded as such.   

Plaintiffs herein anchor their claim on their right to the full benefit and enjoyment of the countries natural resources, particularly of the virgin forests.  They move for the cancellation of the issued existing Timber License Agreements (TLA) as well as the desistance of the Defendant and the officers so authorized from any further issuance or renewal of the same. They assert that they have the existing Constitutional right to a balanced and healthful ecology.

ISSUE:

Whether or not the Plaintiffs are real parties in interest.

THE COURT RULING: 

Plaintiff has the standing.  The complaint focuses on a fundamental natural and legal right enshrined in the Constitution.  The same right and source of obligation can justify the claimed inter-generational responsibility.  Hence, they may bring the matter at hand to court and be granted the proper recognition. 

Section 16, Article 2 which recognizes above all;

“The state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. “

Said provision is recognized as self-executory and hence may be a source of obligation upon the state without need of further positive act from Congress.