Oposa V Factoran Case Digest (Gianan, Meryshel S.)

GIANAN, MERYSHEL S.
JD- 3A
1. CASE DIGEST: OPOSA v FACTORAN, JR.
G. R. No. 101083
Date of Promulgation: July 30, 1993
Ponente: Davide, Jr., J.
Facts:
The petitioners are minors represented and joined by their parents, and the
Philippine Ecological Network, Inc. (PENI), a domestic, non-stock and non-profit
corporation. They instituted a class suit as taxpayers who are all entitled to the
enjoyment of the natural resources of the Philippines, specifically, the virgin tropical
forests. They pray for the cancellation of all existing timber license agreements (TLAs)
and the cessation of the issuance of new TLAs. The petitioners claim that “they
represent their generation as well as generations yet unborn.”
The complaint alleges that to maintain a balanced and healthful ecology, “the
country’s land area should be utilized on the basis of a ratio of 54 percent for forest
cover and 46 percent for agricultural, residential, industrial, commercial and other uses.”
Moreover, it alleges that due to the degradation and deforestation of the forests, there
are a number of environmental tragedies in the country. The petitioners base their
cause of action on scientific evidence of the adverse effects of deforestation as a result
of the issuance of the TLAs of the public respondents.
Public respondents assert that there is no cause of action, and that the question
raised by the petitioners is a political question that should be directed towards the
legislative or executive branches of the government. The lower court granted the motion
to dismiss, thus the petitioners were constrained to file a petition for certiorari with the
Supreme Court.
Issue:
Whether the petitioners have a cause of action to “prevent the misappropriation
or impairment” of Philippine rainforests and “arrest the unabated hemorrhage of the
country’s vital life support systems and continued rape of Mother Earth.
Ruling:
Yes. The petitioners have a cause of action.
The complaint of the petitioners is based on the Right to a Balanced and

Healthful Ecology as provided in Section 16, Article II of the 1987 Constitution. Although
this right falls under the Declaration of Principles and State Policies, the right to a
balanced and healthful ecology is not less important than the civil and political rights
under the Bill of Rights. “Such a right belongs to a different category of rights altogether
for it concerns nothing less than self-preservation and self-perpetuation – aptly and
fittingly stressed by the petitioners – the advancement of which may even be said to
predate all governments and constitutions.” The reason why this right is placed under
Article II of the Constitution is to emphasize the importance of the State’s obligation to
preserve the Right to a Balanced and Healthful Ecology, and to protect and advance the
Right to Health.
The Supreme Court also held that “the right to a balanced and healthful ecology
carries with it the correlative duty to refrain from impairing the environment.” Section 3
of EO No. 192 declares as a policy of the State “to ensure the sustainable use,
development, management, renewal, and conservation of the country’s forest, mineral,
land, off-shore areas and other natural resources, including the protection and
enhancement of the quality of the environment, and equitable access of the different
segments of the population to the development and the use of the country’s natural
resources, not only for the present generation but for future generations as well.” This
declaration is affirmed in Title XIV, Book IV of the Administrative Code of 1987 and
included as part of the DENR’s responsibility to carry out “the State’s constitutional
mandate to control and supervise the exploration, development, utilization, and
conservation of the country’s natural resources.”
Therefore, it is definite that the petitioners have the right to a balanced and
healthful ecology and the Department of Environment and Natural Resources (DENR)
has the duty to protect and advance such right. The violation of the petitioners’ right
gives rise to a cause of action. The Supreme Court thus held that the full protection of
the environment requires that no further TLAs should be renewed or granted.
2. TEN (10) EXAMPLES OF ENVIRONMENTAL LAWS
1. REPUBLIC ACT 9003: ECOLOGICAL SOLID WASTE MANAGEMENT ACT

OF 2000
In partnership with stakeholders, the law aims to adopt a systematic,
comprehensive and ecological solid waste management program that shall ensure the
protection of public health and environment. The law ensures proper segregation,
collection, storage, treatment and disposal of solid waste through the formulation and
adaptation of best eco-waste products.
2. REPUBLIC ACT 9275: PHILIPPINE CLEAN WATER ACT OF 2004

The law aims to protect the country's water bodies from pollution from land-based
sources (industries and commercial establishments, agriculture and
community/household activities). It provides for comprehensive and integrated strategy
to prevent and minimize pollution through a multi-sectoral and participatory approach
involving all the stakeholders.
3. REPUBLIC ACT 8749: PHILIPPINE CLEAN AIR ACT OF 1999

The law aims to achieve and maintain clean air that meets the National Air
Quality guideline values for criteria pollutants, throughout the Philippines, while
minimizing the possible associated impacts to the economy.
4. REPUBLIC ACT 6969: TOXIC SUBSTANCES, HAZARDOUS AND

NUCLEAR WASTE CONTROL ACT OF 1990
The law aims to regulate restrict or prohibit the importation, manufacture,
processing, sale, distribution, use and disposal of chemical substances and mixtures
the present unreasonable risk to human health. It likewise prohibits the entry, even in
transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial
limits for whatever purpose; and to provide advancement and facilitate research and
studies on toxic chemicals.
5. PRESIDENTIAL DECREE 1586: ENVIRONMENTAL IMPACT STATEMENT

(EIS) STATEMENT OF 1978
The Environment Impact Assessment System was formally established in 1978
with the enactment of Presidential Decree no. 1586 to facilitate the attainment and
maintenance of rational and orderly balance between socio-economic development and
environmental protection. EIA is a planning and management tool that will help
government, decision makers, the proponents and the affected community address the
negative consequences or risks on the environment. The process assures
implementation of environment-friendly projects.
6. RA 9729: CLIMATE CHANGE ACT OF 2009
RA 9729 aims to systematically integrate the concept of climate change in the
policy formulation and development plans of all government agencies and units, to the
end that the government will be prepared for the impact of climate change.
7. RA 9512: ENVIRONMENTAL AWARENESS AND EDUCATION ACT OF

2008
It’s an Act to promote environmental awareness through Environmental
Education (EE) and covers the integration of EE in the school curricula at all levels, be it
public or private, including day care, preschool, non-formal, technical, vocational,
indigenous learning, and out-of-school youth courses or programs.
8. PRESIDENTIAL DECREE NO. 705: REVISED FORESTRY CODE OF THE

PHILIPPINES
It is the law most often violated in environmental cases before the courts. This
law regulates the management, development, and utilization of forest lands. It
establishes the boundaries of forest lands and lays down the guidelines for licenses and
permits for the occupation and utilization of forest lands and operation of wood or forest
processing plant. It also introduces the concept of reforestation in order to preserve the
country’s forest lands.
9. REPUBLIC ACT NO. 8550: THE PHILIPPINE FISHERIES CODE OF 1998

This was enacted by Congress to protect and conserve the fishing grounds in the
country. It aims to achieve food security by limiting access to the fishery and aquatic
resources of the Philippines, managing and developing the fishing areas in the country,
supporting the fishery sector, and protecting the rights of fisherfolk. It strictly penalizes
specific acts to ensure that environmental damage to fishing and aquatic areas are
minimized, if not, eliminated.
10. REPUBLIC ACT NO. 9003: THE ECOLOGICAL SOLID WASTE

MANAGEMENT ACT OF 2000
This Act recognizes the State’s crucial responsibility to adopt a systematic,
comprehensive and ecological solid waste management program. This is to ensure the
protection of public health and the environment. The law sets guidelines and targets for
solid waste avoidance and volume reduction and aims to ensure the proper
segregation, collection, transport, storage, treatment and disposal of solid waste.

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GIANAN, MERYSHEL S.

1. CASE DIGEST: OPOSA v FACTORAN, JR.

The complaint of the petitioners is based on the Right to a Balanced and

2. TEN (10) EXAMPLES OF ENVIRONMENTAL LAWS

1. REPUBLIC ACT 9003: ECOLOGICAL SOLID WASTE MANAGEMENT ACT

2. REPUBLIC ACT 9275: PHILIPPINE CLEAN WATER ACT OF 2004

3. REPUBLIC ACT 8749: PHILIPPINE CLEAN AIR ACT OF 1999

4. REPUBLIC ACT 6969: TOXIC SUBSTANCES, HAZARDOUS AND

5. PRESIDENTIAL DECREE 1586: ENVIRONMENTAL IMPACT STATEMENT

7. RA 9512: ENVIRONMENTAL AWARENESS AND EDUCATION ACT OF

8. PRESIDENTIAL DECREE NO. 705: REVISED FORESTRY CODE OF THE

9. REPUBLIC ACT NO. 8550: THE PHILIPPINE FISHERIES CODE OF 1998

10. REPUBLIC ACT NO. 9003: THE ECOLOGICAL SOLID WASTE

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