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Case Summary
Facts: This case originating from the Regional Trial Court of Makati, Metro Manila
was initiated by several minors, as represented by their parents, including via
their representation the generations yet unborn. As the original defendant,
Secretary Factoran of the Department of Environment and Natural resources was
impleaded as such.
Plaintiffs herein anchor their claim on their right to the full benefit and enjoyment
of the countries natural resources, particularly of the virgin forests. They move
for the cancellation of the issued existing Timber License Agreements (TLA) as
well as the desistance of the Defendant and the officers so authorized from any
further issuance or renewal of the same.
They assert that they have the existing Constitutional right to a balanced and
healthful ecology.
Rule: Plaintiff has the standing. The complaint focuses on a fundamental natural
and legal right enshrined in the Constitution. The same right and source of
obligation can justify the claimed inter-generational responsibility. Hence, they
may bring the matter at hand to court and be granted the proper recognition.
Section 16, Article II which recognizes above all: THE STATE SHALL PROTECT
AND ADVANCE THE RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY IN
ACCORD WITH THE RHYTHM AND HARMONY OF NATURE.