Oposa V Factoran

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Oposa v Factoran 224 SCRA 792

Facts: A taxpayer’s 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 country’s rain forests.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).

A class suit headed by a group of minors was initiated against the


secretary of the Department of Environment and Natural
Resources (DENR), Fulgencio Factoran, Jr,his agents,
representatives, and other persons acting in his behalf .
The petitioners sought the cancellation of all existing
timber license agreements in the country and cease and
desist from receiving, accepting, processing, renewing
or approving new timber license agreements.

Issue: Whether or not petitioners have a cause of action


in filing a class suit to “prevent the misappropriation or impairment of Philippine
rainforests?”

WON petitioners have a cause of action in filing a class suit to


prevent the misappropriation or impairment of Philippine rain
forests

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
country’s 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All licenses may thus be revoked or rescinded by executive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

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