JUAN ANTONIO, ANNA ROSARIO and JOSE ALFONSO, all

surnamed OPOSA, minors, and represented by their

parents ANTONIO and RIZALINA OPOSA,
et.al, petitioners,
vs.
THE HONORABLE FULGENCIO S. FACTORAN, JR., in his
capacity as the Secretary of the Department of
Environment and Natural Resources, and THE
HONORABLE ERIBERTO U. ROSARIO, Presiding Judge of
the RTC, Makati, Branch 66, respondents.

G.R. No. 101083 July 30, 1993

FACTS:

Plaintiffs, all minors duly represented and joined by their

parents, prayed that judgement be rendered ordering the
respondent, his agents, representatives and other persons
acting in his behalf to cancel all existing Timber License
Agreement (TLA) in the country and to cease and desist from
receiving, accepting, processing, renewing or approving new
TLAs.

Defendant, on the other hand, filed a motion to dismiss on the

ground that the complaint had no cause of action against him
and that it raises a political question.

ISSUE:

Whether the issue raised by the plaintiffs is a political question

- one involving policy formulation or determination by the
executive or legislative branches of government?

HELD:

No.

Policy formulation or determination by the executive or

legislative branches of Government is not squarely put in issue.
What is principally involved is the enforcement of a right vis-a-
vis policies already formulated and expressed in legislation. It
must, nonetheless, be emphasized that the political question
doctrine is no longer, the insurmountable obstacle to the
exercise of judicial power or the impenetrable shield that
protects executive and legislative actions from judicial inquiry
or review. The second paragraph of section 1, Article VIII of the
Constitution states that:

Judicial power includes the duty of the courts of

justice to settle actual controversies involving rights
which are legally demandable and enforceable, and
to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.