A class suit was initiated by the Philippine Ecological Network, Inc. (PENI) together with minors represented by their parents against the Secretary of the Department of Environment and Natural Resources (DENR) Fulgencio Factoran Jr. and others. The petitioners sought the cancellation of all existing timber license agreements in the country and an order for the DENR to cease approving new agreements. The issue was whether the petitioners had cause for a class action to prevent the misappropriation or impairment of Philippine rainforests. The court held that the petitioners did have cause for action, as all Filipinos have a common right to a balanced ecology, which implies judicious management of the country's
A class suit was initiated by the Philippine Ecological Network, Inc. (PENI) together with minors represented by their parents against the Secretary of the Department of Environment and Natural Resources (DENR) Fulgencio Factoran Jr. and others. The petitioners sought the cancellation of all existing timber license agreements in the country and an order for the DENR to cease approving new agreements. The issue was whether the petitioners had cause for a class action to prevent the misappropriation or impairment of Philippine rainforests. The court held that the petitioners did have cause for action, as all Filipinos have a common right to a balanced ecology, which implies judicious management of the country's
A class suit was initiated by the Philippine Ecological Network, Inc. (PENI) together with minors represented by their parents against the Secretary of the Department of Environment and Natural Resources (DENR) Fulgencio Factoran Jr. and others. The petitioners sought the cancellation of all existing timber license agreements in the country and an order for the DENR to cease approving new agreements. The issue was whether the petitioners had cause for a class action to prevent the misappropriation or impairment of Philippine rainforests. The court held that the petitioners did have cause for action, as all Filipinos have a common right to a balanced ecology, which implies judicious management of the country's
A class suit was initiated by the Philippine Ecological Network, Inc. (PENI) together with minors represented by their parents against the Secretary of the Department of Environment and Natural Resources (DENR) Fulgencio Factoran Jr. and others. The petitioners sought the cancellation of all existing timber license agreements in the country and an order for the DENR to cease approving new agreements. The issue was whether the petitioners had cause for a class action to prevent the misappropriation or impairment of Philippine rainforests. The court held that the petitioners did have cause for action, as all Filipinos have a common right to a balanced ecology, which implies judicious management of the country's
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