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Ernesto Rodriguez, et. al. vs. IAC and Daytona Construction and
Development Corporation
G.R. no. 74816
Facts:
Plaintiffs filed an action for abatement of a public nuisance with
damages against defendant. After four extensions of time to file an answer
and
Natural
15, 1987, the permit was good only up to May 25, 1988. Petitioner
had not exerted any effort to extend or validate its permit much
less to install any device to control the pollution and prevent any
hazard to the health of the residents of the community.
Petitioner takes note of the plea of petitioner focusing on its huge
investment in this dollar-earning industry. It must be stressed however, that
concomitant with the need to promote investment and contribute to the
growth of the economy is the equally essential imperative of protecting the
health, nay the very lives of the people, from the deleterious effect of the
pollution of the environment.
OPOSA VS. FACTORAN
G.R. No. 1010183, July 30, 1993
Facts:
The petitioners, all minors, sought the help of the Supreme Court to
order the respondent, then Secretary of DENR, to cancel all existing Timber
License Agreement (TLA) in the country and to cease and desist from
receiving, accepting, processing, renewing or approving new TLAs. They
alleged that the massive commercial logging in the country is causing vast
abuses on rain-forest.They further asserted that the rights of their
generation and the rights of the generations yet unborn to a balanced and
healthful ecology. Plaintiffs further assert that the adverse and detrimental
consequences of continued and deforestation are so capable of
unquestionable demonstration that the same may be submitted as a matter
of judicial notice. This notwithstanding, they expressed their intention to
present expert witnesses as well as documentary, photographic and film
evidence in the course of the trial.
Issue:
Whether or not the petitioners have a locus standi?
Held:
The SC decided in the affirmative. Locus standi means the right of
the litigant to act or to be heard.Under Section 16, Article II of the 1987
constitution, it states that: The state shall protect and advance the right of
the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature. Petitioners, minors assert that they represent their
generation as well as generation yet unborn. We find no difficulty in ruling
that they can, for themselves, for others of their generation and for the
succeeding generations, file a class suit. 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. Such a right, as hereinafter expounded
considers the rhythm and harmony of nature. Nature means the created
world in its entirety. Such rhythm and harmony indispensably include, inter