Oposa v. Factoran
Philippines Supreme Court
No. 101083, 224 S.C.R.A. 792 (1993)
Facts
The government of the Philippines, under Secretary Fulgencio Factoran, Jr. (defendant), issued timber license agreements (TLAs) to allow for forest cutting. In the span of about 25 years, the rainforest cover in the Philippines went from 53 percent of the country’s land mass to less than 3 percent. Deforestation had caused or contributed to water shortages, erosion, endangerment of species, dislocation of indigenous communities, and climate change. Oposa and other minors (plaintiffs) brought suit on their behalf and on behalf of generations to come (collectively, the future generations). The future generations argued that failure to cancel the TLAs violated the minors’ rights under the Filipino constitution, which provides for the rights to a balanced and healthful ecology and general health. Factoran filed a motion to dismiss, arguing that the future generations did not state a valid cause of action and that the issue raised was a political, not a legal, issue. The trial court granted the motion to dismiss. The future generations appealed, contending that dismissing the claim was a grave abuse of discretion.
Rule of Law
Issue
Holding and Reasoning (Davide, Jr., J.)
Concurrence (Feliciano, J.)
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