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Facts
This case is unique in that it is a class suit brought by
44children, through their parents, claiming that they
bringthe case in the name of their generation as well
asthose generations yet unborn. Aiming
to stopdeforestation, it was filed against the Secretary
of theDepartment of Environment and Natural
Resources, seeking to have him cancel all the timber
licenseagreements (TLAs) in the country and to cease
anddesist from accepting and approving more timber
licenseagreements. The children invoked their right to
abalanced and healthful ecology and to protection by
theState in its capacity as
parens patriae
. The petitionersclaimed that the DENR Secretary's refusal
to cancel theTLAs and to stop issuing them was "contrary
to thehighest law of humankind-- the natural law-andviolative of plaintiffs' right to self-preservation
andperpetuation." The case was dismissed in the
lower court, invoking the law on non-impairment of
contracts,so it was brought to theSupreme Courton
certiorari.
Issue
Did the children have the legal standing to file the case?
Ruling
Yes. The Supreme Court in granting the petition ruledthat
the children had the legal standing to file the casebased on
the concept of intergenerationalresponsibility. Their right
In the book
Public Health Law and Ethics
byLarry O. Gostin,
Oposa vs. Factoran
is cited asa significant example of the justiciability of
theright to health.
[3]
In the book
The Law of Energy for SustainableDevelopment