Professional Documents
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NRE 190130 Dawn
NRE 190130 Dawn
NRE 190130 Dawn
CA:
Elevated the case to the SC as the entire case hinges on the interpretation
and construction of Republic Act 3990 as it applies to a set of facts which are
not disputed by the parties and therefore, is a legal question.
Issue:
WON Republic Act No. 3990 empowers the respondent UP to scale, measure and
seal the timber cut by the petitioner within the tract of land referred to in said
act, and collect the corresponding forest charges.
Ruling:
Yes, RA 3990 3990 empowers to scale, measure and seal the timber cut by
the petitioner within the tract of land referred to in said act, and collect the
corresponding forest charges.
In this case, the Philippines relinquished and conveyed its rights over the
area to UP, subject only to existing concession. This means that the right of
Hardwood as a timber licensee must not be affected, impaired, or diminished BUT
insofar as the Government is concerned, all its rights as grantor of the license were
effectively assigned, ceded and conveyed to UP. Therefore, Petitioner has the
correlative duty and obligation to pay the forest charges or royalties to the new
owner, UP.
3. Oposa vs Factoran
GR No. 101083 July 30, 1993
Summary:
Petitioners, minors represented by their parents, filed a civil action against
Respondent, the then Secretary of DENR, which sought to have all existing timber
license agreements (TLA) cancelled and for the latter to cease and desist from
receiving, accepting, processing, renewing, or appraising new TLA.
Facts:
RTC Branch 66, NCR:
Petitioners, all minors duly represented and joined by their respective
parents, instituted as a taxpayers' class suit and alleges that the plaintiffs "are
all citizens of the Republic of the Philippines, taxpayers, and entitled to the
full benefit, use and enjoyment of the natural resource treasure that is the
country's virgin tropical forests."
Petitioners prayed for that judgment be rendered:
1. Cancel all existing timber license agreements in the country;
2. Cease and desist from receiving, accepting, processing, renewing or
approving new timber license agreements.
June 22, 1990 – Respondent, Secretary Factoran, Jr., filed a Motion to
Dismiss the complaint based on two (2) grounds, namely:
1. The plaintiffs have no cause of action against him and
2. The issue raised by the plaintiffs is a political question which properly
pertains to the legislative or executive branches of Government.
July 18, 1991 – Judge issued an order granting the aforementioned motion
to dismiss. In the said order, not only was the defendant's claim — that the
complaint states no cause of action against him and that it raises a political
question — sustained, the respondent Judge further ruled that the granting
of the relief prayed for would result in the impairment of contracts which is
prohibited by the fundamental law of the land.
Issue:
Whether or not Petitioners have a cause of action in filing a class suit to
compel Respondents to cancel TLA
Contentions:
Petitioner: it impairs rainforests that should benefit their generation as well as
generations yet unborn
Respondent: Petitioners failed to allege a specific legal right violated by
Respondent.
Ruling:
Yes, Petitioners have a cause of action to file a class suit.
Secs. 15 and 16, Art. II of the 1987 Constitution provides that the State shall
protect and promote the right to health of the people, as well as protect and
advance the right to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.
In this case, the Court ruled that the above-mentioned provisions are self-
executory and do not need an implementing legislation, and carries with it the
correlative duty to refrain from impairing the government. All licenses may then
be revoked or rescinded by executive action.