Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
Oposa vs. Factoran
GR No. 1010183, July 30, 1993
GR No. 1010183, July 30, 1993
FACTS:
The principal petitioners are all minors duly represented and joined by their respective parents.
Impleaded as an additional plaintiff is the Philippine Ecological Network, Inc. (PENI), a domestic, non-stock and non-profit corporation organized for the purpose of, inter alia, engaging in concerted action geared for the protection of our environment and natural resources. Oposa vs. Factoran
The original defendant was the Honorable Fulgencio S. Factoran, Jr., then Secretary of the Department of Environment and Natural Resources (DENR).
Impleaded as an additional plaintiff is the Philippine Ecological Network, Inc. (PENI), a domestic, non-stock and non-profit corporation organized for the purpose of, inter alia, engaging in concerted action geared for the protection of our environment and natural resources. Oposa vs. Factoran
The original defendant was the Honorable Fulgencio S. Factoran, Jr., then Secretary of the Department of Environment and Natural Resources (DENR).
The complaint was instituted as a taxpayers' class suit and alleges that the plaintiffs "are all citizens of the Republic of the Philippines, taxpayers, and entitled to the full benefit, use and enjoyment of the natural resource treasure that is the country's virgin tropical forests." Oposa vs. Factoran
This instant petition was filed to seek for the cancelation of all existing timber license agreements (TLAs) in the country and to cease and desist from receiving, accepting, processing, renewing or approving new timber license agreements.
This instant petition was filed to seek for the cancelation of all existing timber license agreements (TLAs) in the country and to cease and desist from receiving, accepting, processing, renewing or approving new timber license agreements.
Minor petitioners contend that continued granting of timber license constitutes a misappropriation or impairment of the natural resource property and violates their constitutional right to a balanced and healthful ecology (Art. II, Sec. 16, 1987 Constitution) and the protection by the State in its capacity as parens patriae.
Read: Board of Optemetry vs. Colet
Petitioners likewise rely on the respondent's correlative obligation per Section 4 of E.O. No. 192, to safeguard the people's right to a healthful environment. Oposa vs. Factoran
Read: Board of Optemetry vs. Colet
Petitioners likewise rely on the respondent's correlative obligation per Section 4 of E.O. No. 192, to safeguard the people's right to a healthful environment. Oposa vs. Factoran
ISSUES:
- Whether or not the petitioners have locus standi.
- Whether or not the petitioners failed to allege in their complaint a specific legal right violated by the respondent Secretary for which any relief is provided by law. Oposa vs. Factoran
HELD:
1. The Court finds no difficulty in ruling that they can file a class suit because they represent their generation as well as generations yet unborn.
Their personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. Oposa vs. Factoran
Such a right, as hereinafter expounded, considers the "rhythm and harmony of nature."
Nature means the created world in its entirety. Oposa vs. Factoran
Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country's forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration, development and utilization be equitably accessible to the present as well as future generations.
Every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Oposa vs. Factoran
Read: People vs. Vera
Put a little differently, the minors' assertion of their right to a sound environment constitutes, at the same time, the performance of their obligation to ensure the protection of that right for the generations to come.
Their personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. Oposa vs. Factoran
Such a right, as hereinafter expounded, considers the "rhythm and harmony of nature."
Nature means the created world in its entirety. Oposa vs. Factoran
Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country's forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration, development and utilization be equitably accessible to the present as well as future generations.
Every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Oposa vs. Factoran
Read: People vs. Vera
Put a little differently, the minors' assertion of their right to a sound environment constitutes, at the same time, the performance of their obligation to ensure the protection of that right for the generations to come.
2. The Court does not agree with the trial court's conclusions that the plaintiffs failed to allege with sufficient definiteness a specific legal right involved or a specific legal wrong committed, and that the complaint is replete with vague assumptions and conclusions based on unverified data.
The complaint focuses on one specific fundamental legal right — the right to a balanced and healthful ecology which, for the first time in our nation's constitutional history, is solemnly incorporated in the fundamental law (Section 16, Article II of the 1987 Constitution). Oposa vs. Factoran
While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter.
While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter.
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 right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. Oposa vs. Factoran
Read: Gonzales vs. Narvasa
EO 192 and Admin Code of 1987 define the powers and functions of DENR, under whose authority and office the complaint falls.
The petitioners’ right to a balanced and healthful ecology is as clear as DENR’s duty to protect and advance the said right. Oposa vs. Factoran
The petitioners’ personality to sue in behalf of their own as well as the future generations’ behalf can only be based on the concept of intergenerational esponsibility insofar as the said right is concerned.
Read: Gonzales vs. Narvasa
EO 192 and Admin Code of 1987 define the powers and functions of DENR, under whose authority and office the complaint falls.
The petitioners’ right to a balanced and healthful ecology is as clear as DENR’s duty to protect and advance the said right. Oposa vs. Factoran
The petitioners’ personality to sue in behalf of their own as well as the future generations’ behalf can only be based on the concept of intergenerational esponsibility insofar as the said right is concerned.