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101083)
FACTS:
This case is unique in that it is a class suit brought by 44children, through their
parents, claiming that they bring the case in the name of their generation as well
as those generations yet unborn. Aiming to stop deforestation, it was filed against
the Secretary of the Department of Environment and Natural Resources , seeking to
have him cancel all the timber license agreements (TLAs) in the country and to
cease and desist from accepting and approving more timber license agreements.
The children invoked their right to a balanced and healthful ecology and to
protection by the State in its capacity as
parens patriae. The petitioners claimed that the DENR Secretary's refusal to cancel
the TLAs and to stop issuing them was "contrary to the highest law of humankind-the natural lawand violative of plaintiffs' right to self-preservation and
perpetuation." The case was dismissed in the lower court, invoking the law on nonimpairment of contracts, so it was brought to the Supreme Cour ton certiorari.
Issue:
Did the children have the legal standing to file the case?
Court Rulings:
Yes. The Supreme Court in granting the petition ruledthat the children
had the legal standing to file the casebased on the concept of
intergenerationalresponsibility. Their right to a healthy environmentcarried
with it an obligation to preserve that environmentfor the succeeding
generations. In this, the Courtrecognized legal standing to sue on behalf of
futuregenerations. Also, the Court said, the law on non-impairment of
contracts must give way to the exercise of the police power of the state in
the interest of public welfare.
OTHER ISTES:
FACTS
A taxpayers class suit was initiated by the Philippine Ecological Network, Inc.
(PENI) together with the minors Juan Antonio Oposa et al and their parents.
All were duly represented. They claimed that as taxpayers they have the
right to the full benefit, use and enjoyment of the natural resources of the
countrys rainforests. They prayed that a judgment be rendered ordering
Secretary Fulgencio Factoran, Jr, his agents, representatives, and other
persons acting in his behalf to cancel all existing timber license agreements
in the country and cease and desist from receiving, accepting, processing,
renewing or approving new timber license agreements, Factoran being the
secretary of the Department of Environment and Natural Resources (DENR).
ISSUE: Whether or not petitioners have a cause of action?
HELD: Yes, petitioners have a cause of action. The case at bar is of common
interest to all Filipinos. The right to a balanced and healthy ecology carries
with it the correlative duty to refrain from impairing the environment. The
said right implies the judicious management of the countrys forests. This
right is also the mandate of the government through DENR. A denial or
violation of that right by the other who has the correlative duty or obligation
to respect or protect the same gives rise to a cause of action. All licenses
may thus be revoked or rescinded by executive action.