Oposa v.

Factoran
GR No. 101083 | July 30 1993
Natural and Environmental Laws; Constitutional Law:
Intergenerational Responsibility
 FACTS:

A taxpayers class suit was filed by minors Juan Antonio Oposa, et al., representing
their generation and generations yet unborn, and represented by their parents against
Fulgencio Factoran Jr., Secretary of DENR. They prayed that judgment be rendered ordering
the defendant, his agents, representatives and other persons acting in his behalf to:

1. Cancel all existing Timber Licensing Agreements (TLA) in the country

2. Cease and desist from receiving, accepting, processing, renewing, or appraising new
TLAs

and granting the plaintiffs such other reliefs just and equitable under the premises. They
alleged that they have a clear and constitutional right to a balanced and healthful ecology
and are entitled to protection by the State in its capacity as parens patriae. Furthermore, they
claim that the act of the defendant in allowing TLA holders to cut and deforest the remaining
forests constitutes a misappropriation and/or impairment of the natural resources property he
holds in trust for the benefit of the plaintiff minors and succeeding generations.

The defendant filed a motion to dismiss the complaint on the following grounds:

1. Plaintiffs have no cause of action against him

2. The issues raised by the plaintiffs is a political question which properly pertains to the
legislative or executive branches of the government.
 ISSUE:

Do the petitioner-minors have a cause of action in filing a class suit to prevent

the misappropriation or impairment of Philippine rainforests?
 HELD:

Yes. Petitioner-minors assert that they represent their generation as well as

generations to come. The Supreme Court ruled that they can, for themselves,
for others of their generation, and for the succeeding generation, file a class
suit. Their personality to sue in behalf of succeeding generations is based on
the concept of intergenerational responsibility insofar as the right to a balanced
and healthful ecology is concerned. Such a right considers the rhythm and
harmony of nature which indispensably include, inter alia, the judicious
disposition, utilization, management, renewal and conservation of the countrys
forest, mineral, land, waters, fisheries, wildlife, offshore areas and other natural
resources to the end that their exploration, development, and utilization be
equitably accessible to the present as well as the future generations.

Needless to say, every generation has a responsibility to the next to

preserve that rhythm and harmony for the full enjoyment of a balanced and
healthful ecology. Put a little differently, the minors assertion of their right to a
sound environment constitutes at the same time, the performance of their
obligation to ensure the protection of that right for the generations to come.
 Despite having some of the best environmental laws in the world, the
Philippines is still not able to reap the benefits of having such legislation.

The following laws as among the most important environment

legislation that are often ignored:

Republic Act 8550 or the Philippine Fisheries Code of 1998

RA 8749 or the Philippine Clean Air Act of 1999
RA 9003 or the Ecological Solid Waste Management Act of 2000
RA 9275 or the Philippine Clean Water Act of 2004
RA 9513 or the Renewable Act of 2008

National Government
Local Government Units
Citizens
 THE ENVIRONMENT
AND POVERTY REDUCTION
 A family
26.48M of five needed at
Filipinos
And
leastatPhP
leastof6,365
(26.3% PhP 9,140
the total every formonth
population) basic
live below
food andfor the poverty
non-food
food. needs.line.
 Low to moderate economic growth for the past 40 years;
Low growth elasticity of poverty reduction;
Weakness in employment generation and the quality of jobs
generated;
Failure to fully develop the agriculture sector;
High inflation during crisis periods;
High levels of population growth;
High and persistent levels of inequality (incomes and assets),
which dampen the positive impacts of economic expansion; and
Recurrent shocks and exposure to risks such as economic
crisis, conflicts, natural disasters and "environmental
poverty."
Fishers, farmers,
and children
consistently posted the
highest poverty
incidences
among the basic sectors
in the Philippines at
39.2%, 38.3% and
35.2%, respectively.
Agriculture had a 32% (12.09 million) share in
the total employment (37.61 million).

Agriculture

Fishery
19%

Livestock Crops
13% 50%

Poultry
Agricultural 11%
Activities and
Services
7%
 Farmers and fisher folks
are the lowest paid workers
in the country and receive an
average daily wage of P156.8
and P178.43
in 2011, respectively.
 Poor people tend to rely heavily on
activities like agriculture, fishing and
collecting natural resources, which
are sensitive to climate change.
It is the poor suffering
more during disasters.
 From 2006-2013, the Philippine agricultural sector
suffered $3.8 billion (181.75 billion pesos) worth of
damages and losses due to natural disasters.

In the first quarter of 2016 alone,

damage to the agriculture sector due to the
dry spell reached P4.769 billion.

349,620 metric tons of crops were destroyed

and 121,490 farmers affected.
 THE ENVIRONMENT AND
HUMAN AND NATIONAL DEVELOPMENT
SOURCES:

http://www.gmanetwork.com/news/story/305051/news/nation/environmentalists-lament-govt-s-inability-to-fully-
implement-green-laws

http://newsinfo.inquirer.net/775062/12m-filipinos-living-in-extreme-poverty

https://psa.gov.ph/content/poverty-incidence-among-filipinos-registered-263-first-semester-2015-psa

https://www.adb.org/publications/poverty-philippines-causes-constraints-and-opportunities

http://www.napc.gov.ph/articles/feature-who-are-poorest-sectors

http://www.rappler.com/move-ph/issues/hunger/52372-agriculture-hunger-food-security

http://www.rappler.com/business/industries/247-agriculture/26090-nscb-tags-poor-agri-growth-for-high-poverty

http://www.philstar.com/headlines/2016/07/31/1608522/poor-people-most-vulnerable-climate-change-ccc-chief

http://www.aljazeera.com/news/2015/11/natural-disasters-inflict-80bn-farming-losses-151126092307430.html

http://www.philstar.com/headlines/2016/03/28/1566911/climate-change-threatening-philippiness-food-security

http://www.niehs.nih.gov/research/programs/geh/climatechange/health_impacts/human_developmental/index.cf
m

http://cdkn.org/wp-content/uploads/2011/08/CDKN_poverty-reduction_FINAL.pdf