I.

Case Title: Oposa vs Factoran

II. Docket Number: G.R. No. 101083
III. Date of Promulgation: July 30, 1993
IV. Ponente: Davide, Jr., J
V. Petitioners
A.
Oposa
a. Juan Antonio
b. Anna Rosario
c. Jose Alfonso
B. Roberta Nicole Sadiua
C. Flores
a. Carlo
b. Amanda Salud
c. Patrish
D. Gianina Dita R. Fortun
E. Misa
a. George II
b. Ma. Concepcion
F. Benjamin Alan V. Pesigan
G. Jovie Marie Alfaro
H. Maria Concepcion T. Castro
I. Johanna Desamparado
J. Carlo Joaquin T. Narvasa
K. Saenz
a. Ma. Margarita
b. Jesus Ignacio
c. Ma. Angela
d. Marie Gabrielle
L. King
a. Kristine
b. Mary Ellen
c. May
d. Golda Marthe
e. David Ian
M. Endriga
a. David
b. Francisco
c. Therese Victoria
N. Abaya
a. Jose Ma.
 b. Regina Ma.
O. Cardama
a. Marilin
b. Mario, Jr.
c. Mariette
P. Oposa
a. Clarissa
b. Ann Marie
c. Nagel
d. Imee Lyn
Q. Quipit
a. Philip Joseph
b. Stephen John
c. Isaiah James
R. Bibal
a. Bughaw Cielo
b. Crisanto
c. Anna
d. Daniel
e. Francisco
S. The Philippine Ecological Network, Inc.

VI. Respondents
A. The Honorable Fulgencio S. Factoran, Jr., Secretary of the Department of
Environment and Natural Resources
B. The Honorable Eriberto U. Rosario, Presiding Judge of the RTC, Makati,
Branch 66,

VII. Judgments prayed for by petitioners

A. Cancel all existing timber license agreements in the country;
B. Cease and desist from receiving, accepting, processing, renewing or
approving new timber license agreements.

VIII. Facts
A. Results of distortion and disturbance of ecological balance
a. water shortages
b. salinization of the water table
c. massive erosion and the consequential loss of soil fertility
d. endangering and extinction of the flora and fauna
e. disturbance and dislocation of cultural communities
 f. siltation of rivers and seabeds
g. recurrent spells of drought
h. increasing velocity of typhoon winds
i. floodings of lowlands and agricultural plains
j. siltation and shortening of the lifespan of dams
k. reduction of the earth's capacity to process carbon dioxide gases
B. Cause of Action
a. Plaintiffs re-plead
b. Philippines had sixteen (16) million hectares of rainforests
c. There remained no more than 1.2 million hectares of said rainforests
d. 850,000 hectares of virgin old-growth rainforests are left
e. Timber license agreements ('TLA's') are granted to various
corporations
f. Present rate of deforestation: 25 hectares per hour
g. The adverse effects are already felt
h. Continued allowance of TLA holders will work great damage
i. Clear and constitutional right to a balanced and healthful ecology
j. Plaintiffs served upon defendant a final demand to cancel all logging
permits in the country
k. Defendant and refuses to cancel the existing TLAs
l. Refusal by defendant to cancel the TLAs is an act violative of the
rights of plaintiffs
m. Philippine Environmental states that it is the policy of the State
i. to create, develop, maintain and improve conditions under which
man and nature can thrive
ii. to fulfill the social, economic and other requirements of present
and future generations of Filipino
iii. to ensure the attainment of an environmental quality (P.D. 1151, 6
June 1977)
n. Refusal to cancel the aforementioned TLA's is contradictory to the
Constitutional policy of the State to
i. effect "a more equitable distribution of opportunities, income and
wealth (Section 1, Article XII of the Constitution)
ii. "protect the nation's marine wealth" (Section 2, ibid)
iii. "conserve and promote the nation's cultural heritage and resources
iv. "protect and advance the right of the people to a balanced and
healthful ecology (Section 16, Article II, id.)
o. Defendant's act is contrary to the highest law of humankind
p. There is no other plain, speedy and adequate remedy in law other than
the instant action to arrest.
 C. Grounds for Motion to Dismiss filed by Secretary Factoran, Jr.
a. plaintiffs have no cause of action against him
b. issue raised by the plaintiffs is a political question

D. Opposition to the Motion by the petitioners

a. complaint shows a clear and unmistakable cause of action
b. the motion is dilatory
c. the action presents a justiciable question as it involves the defendant's
abuse of discretion

IX. Issues
A. the complaint states no cause of action against the defendant
B. the complaint raises a political question
C. the granting of the relief prayed for would result in the impairment of
contracts

X. Ruling
A. Complaint clearly and unmistakably states a cause of action as it contains
sufficient allegations concerning their right to a sound environment based on
a. Articles 19, 20 and 21 of the Civil Code (Human Relations)
b. Section 4 of Executive Order (E.O.) No. 192 creating the DENR,
c. Section 3 of Presidential Decree (P.D.) No. 1151 (Philippine
Environmental Policy)
d. Section 16, Article II of the 1987 Constitution recognizing the right of
the people to a balanced and healthful ecology
e. the concept of generational genocide in Criminal Law
f. the concept of man's inalienable right to self-preservation and self-
perpetuation embodied in natural law.
g. correlative obligation per Section 4 of E.O. No. 192, to safeguard the
people's right to a healthful environment

B. Second Issue
a. The second paragraph of section 1, Article VIII of the Constitution
states that judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally
demandable and enforceable
C. Third Issue
a. Section 20 of the Forestry Reform Code (P.D. No. 705) provides, That
when the national interest so requires, the President may amend,
 modify, replace or rescind any contract, concession, permit, licenses
or any other form of privilege granted herein . . .
b. Court held in Tan vs. Director of Forestry, A timber license is an
instrument by which the State regulates the utilization and disposition
of forest resources to the end that public welfare is promoted. A
timber license is not a contract within the purview of the due process
clause; it is only a license or privilege, which can be validly
withdrawn whenever dictated by public interest or public welfare as in
this case.
c. Reiterated in Felipe Ysmael, Jr. & Co., Inc. vs. Deputy Executive
Secretary, Timber licenses, permits and license agreements are the
principal instruments by which the State regulates the utilization and
disposition of forest resources to the end that public welfare is
promoted.
d. In Abe vs. Foster Wheeler Corp. the Court stated: The freedom of
contract, under our system of government, is not meant to be absolute.
The same is understood to be subject to reasonable legislative
regulation aimed at the promotion of public health, moral, safety and
welfare.

D. Decision
a. WHEREFORE, being impressed with merit, the instant Petition is
hereby GRANTED, and the challenged Order of respondent Judge of
18 July 1991 dismissing Civil Case No. 90-777 is hereby set aside.
The petitioners may therefore amend their complaint to implead as
defendants the holders or grantees of the questioned timber license
agreements.

XI. Separate Opinions

A. Feliciano, J., concurring