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Monday, June 1, 2015

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Oposa vs Factoran
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Natural and Environmental Laws; Constitutional Law: Intergenerational
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Responsibility
GR No. 101083; July 30 1993
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FACTS: Constitutional Law (4)

A taxpayers class suit was filed by minors Juan Antonio Oposa, et al., Intergenerational Responsibility (1)
representing their generation and generations yet unborn, and represented by Natural Resources
their parents against Fulgencio Factoran Jr., Secretary of DENR. They prayed
that judgment be rendered ordering the defendant, his agents, representatives
and Environmental
and other persons acting in his behalf to: Laws (7) Regalian Doctrine
(3) Statutory Construction (1)
1. Cancel all existing Timber Licensing Agreements (TLA) in the country;
2. Cease and desist from receiving, accepting, processing, renewing, or Blog Archive
appraising new TLAs;
2016 (3)
2015 (9)
and granting the plaintiffs such other reliefs just and equitable under the
premises. They alleged that they have a clear and constitutional right to a June (8)
balanced and healthful ecology and are entitled to protection by the State in its Obergefell vs Hodges
capacity as parens patriae. Furthermore, they claim that the act of the La Bugal-Blaan Tribal
defendant in allowing TLA holders to cut and deforest the remaining forests Association, Inc. Vs
Ramos
constitutes a misappropriation and/or impairment of the natural resources
property he holds in trust for the benefit of the plaintiff minors and succeeding Republic vs Naguiat
generations. Cruz vs Secretary of
The defendant filed a motion to dismiss the complaint on the following DENR
grounds: Laguna Lake
Development Authority
1. Plaintiffs have no cause of action against him; vs CA
2. The issues raised by the plaintiffs is a political question which properly Tano vs Socrates
pertains to the legislative or executive branches of the government. Oposa vs Factoran
Secretary of DENR vs Yap

ISSUE: May (1)

Do the petitioner-minors have a cause of action in filing a class suit to
prevent the misappropriation or impairment of Philippine rainforests?
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Oposa vs Factoran
HELD: Natural and Environmental
Yes. Petitioner-minors assert that they represent their generation as well as Laws; Constitutional Law:
generations to come. The Supreme Court ruled that they can, for themselves, Intergenerational
Responsibility GR No.
for others of their generation, and for the succeeding generation, file a class
101083; July 30 1993
suit. Their personality to sue in behalf of succeeding generations is based on FACTS: A taxpayer...
the concept of intergenerational responsibility insofar as the right to a Cruz vs Secretary of DENR
balanced and healthful ecology is concerned. Such a right considers the Natural Resources and
Environmental Law;
rhythm and harmony of nature which indispensably include, inter alia, the
Constitutional Law; IPRA;
judicious disposition, utilization, management, renewal and conservation of Regalian Doctrine GR. No.
the countrys forest, mineral, land, waters, fisheries, wildlife, offshore areas 135385, Dec. 6, 2000 FACTS
and other natural resources to the end that their exploration, development, : Petitio...
and utilization be equitably accessible to the present as well as the future
La Bugal-Blaan Tribal
generations. Association, Inc. Vs Ramos
Needless to say, every generation has a responsibility to the next to preserve Natural Resources and
that rhythm and harmony for the full enjoyment of a balanced and healthful Environmental Laws G.R.
No. 127882; January 27,
ecology. Put a little differently, the minors assertion of their right to a sound 2004 FACTS : This petition
environment constitutes at the same time, the performance of their obligation for prohibition and
to ensure the protection of that right for the generations to come. mandamus chal...

Rubi vs Provincial Board of

at 7:34 AM +2 Recommend this on Google Mindoro
Constitutional Law : Article
Labels: case digest, Constitutional Law, GR No. 101083, Intergenerational
VI, Sec. 1(Legislative Power;
Responsibility, Natural Resources and Environmental Laws, Oposa vs Factoran Non-Delegation) G.R. No. L-
14078; March 7, 1919; 39
Phil 660 FACTS :...
No comments: Laguna Lake Development
Authority vs CA
Post a Comment Natural Resources and
Environmental Laws;
Statutory Construction GR
No. 120865-71; Dec. 7 1995
Enter your comment... FACTS : The Laguna Lake
Developmen...

Tano vs Socrates
Natural and Environmental
Comment as: Unknown (Google) Laws; Constitutional Law;
Sign out
Regalian Doctrine GR No.
110249; August 21, 1997
FACTS : On Dec 15, 1992,
Publish Preview Notify me the...

Secretary of DENR vs Yap

Natural Resources and
Environmental Laws:
Regalian Doctrine GR No.
167707; Oct 8, 2008 FACTS:
This petition is for a review
on ...

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Obergefell vs Hodges
The landmark case of
Obergefell vs Hodges upheld
the rights of same-sex
couples to marry. The US
Home Older Post Supreme Court held that the
Fourteenth Ame...
Republic vs Naguiat
Natural Resources and
Environmental Laws G.R.
No. 134209; January 24,
2006 FACTS : Celestina
Naguiat filed an application
for reg...

2016 BAR Exam Questions -

Political Law
The first Sunday of
November is done with
hence the 2016 Bar Exam
 questions on Political Law is
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the questions in ...

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