EFFECTS OF OPOSA

VS
FACTORAN CASE
Kristine B Hibaler
WAS THE CASE
ABLE TO
REACH ITS
OBJECTIVE?
 The highest judicial
body in the
Philippines ruled in
favor of those
seeking to have the
Department of
Environment and
Natural Resources (
DENR ) Secretary
cancel all timber
licensing agreements
(TLAs) in the country
and desist from
accepting and
approving more of
such contracts.
TIMBER LICENSING AGREEMENT (TLA)

Timber License Agreement or TLA" shall refer to a privilege

granted by the State to a person to utilize forest resources
within a forestland with the right of possession and occupation
thereof to the exclusion of others except the government, but
with the corresponding obligation to develop, protect, and
rehabilitate the same in accordance with the terms and
conditions set forth in the said agreement.
The number of TLA holders
significantly reduced.
 At that time only 3.8 million hectares of rainforests
remained from a 16 million hectares of rainforests that the
Filipino once enjoyed.
If the Supreme Court did not rule on their favor, the current
generation of young Filipinos might not have any rain forests
to speak of today.
The case of Oposa vs.
Factoran set the
renewed tone for
environmental activism
and paved the way for
greater public
awareness on the
matter of access to
courts by those who
have environmental
concerns necessitating
judicial recourse.
➤ After the decision, the case is recognized in its contribution in
the development of international law.

➤ In 2008, Antonio Oposa, was awarded by Center for

International Environmental Law for his contributions to the
development and implementation of international
environmental law in his native country and internationally.
The State is bound to protect the right of the people
to a healthy environment- Atty. Antonio Oposa
 EFFECTS

Alexandria B. Rabanes
➤The case of Oposa vs. Factoran
has now been used as a legal
precedent in courts of other
countries.
➤This case has contributed in many
different ways to the international
environmental movement and
became a major inspiration to many
legal systems and many lawyers
around the world.
➤It focused on a local area as
national law but it
demonstrated an international
legal theory which gave effect
to it.
➤And this became very
important to the development
of international law.
➤Intergenerational
equity
has now become a legal
doctrine enunciated by
the Philippine Supreme
Court.
➤This principle of
intergenerational
responsibility gives us the
right to sue governments
on behalf of future
generations to stop
environmental damage.
➤Hence, as provided by the
Constitution that it is the duty
of the State to promote and
protect the right of the people
to a balanced and healthy
ecology in accord with the
rhythm and harmony of
nature.