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OPOSA VS FACTORAN
SEC. 16. 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."|||

FACTS
Tax payers suit initiated by Philippine Ecological
Network Inc (PENI) together with minors Oposa and
their parents
Claims that tax payers have the right to full benefit,
use and enjoyment of natural resources of countrys
rainforests
Sought judgment ordering Sec Factoran (DENR
secretary), etc. to cancel all existing timber license
agreements in the country and cease and desist
from receiving, accepting, processing, renewing or
approving new timber license agreements

ISSUE
W/N petitioners have cause of action
to prevent the misappropriation or
impairment of Philippine rainforests
and arrest the unabated hemorrhage
of the countrys vital life-support
system and continued rape of mother
earth

HELD
YES!

Common interest to all Filipinos

Petitioners have locus standi

Intergenerational responsibility or inter-generational


justice they represent their generation as well as
generations yet unborn

Art 16 and 15 are self-executing and are judicially


enforceable

Right to balanced and healthful ecology carries with it


correlative duty to refrain from impairing the environment

Judicious management of the countrys forests

Denial or violation of that rights gives rise to a cause of


action

All licenses may be revoked or rescinded because it not


a contract or property right protected by the due process
clause it is only a license or privilege nonimpairment clause does not apply

The licenses may be revoked and rescinded by executive


action

Pursuant to privatization program (Proclamation 50)


of the government GSIS decided to sell 30-51%
of the Manila Hotel Corp
Two bidders : 1. MPH 2. Malaysian Firm Renong
Merhad
MPH P41.58/share
RB = P44.00/share = highest bidder considered
as winning bidder but X declared yet
Pending declaration, MPH matches RBs bid but
GSIS refused to accept MPH filed TRO to avoid
the perfection/consummation of the sale to RB

W/N MPH should be declared the


winning bidder

Residents alleged that water quality of Manila Bay


had fallen below allowable standards set by law
(PD1152 Philippine Environment Code)
And that all defendants (public officials) must be
jointly/solitarily liable to clean up Manila Bay and
restore its water quality to class B (fit for swimming,
diving and other forms of recreation)

1.

YES!

MPH should be awarded the sale pursuant to Art 12 of


the 1987 Consti FILIPINO FIRST POLICY

Qualified Filipinos not only pertains to individuals but to


corporations as well and other entities/personalities

In case of doubt, the constitution should be considered


self-executing rather than non-self-executing

Section 10, par 2 of Art 12 - When our Constitution


mandates that [i]n the grant of rights, privileges, and
concessions covering national economy and patrimony,
the State shall give preference to qualified Filipinos, it
means just that qualified Filipinos shall be preferred.||

National patrimony includes natural resources as well


as cultural heritage of Filipinos = Manila Hotel
Corporation

Sale of stocks of MHC Filipinos allowed to match the


bid of foreign entity
1. YES! GENERAL CLEAN UP

Sect 17 does not state that gov agencies should confine


themselves to containment, removal and cleaning
operations when a specific pollution incident occurs

It requires them to act even in the absence of specific


pollution incident as long as the water quality has
deteriorated to a degree where its state will adversely
affect its best usage

MANILA PRINCE HOTEL VS GSIS

MMDA VS CONCERNED RESIDENTS


OF MANILA BAY

PD 1152 Philippine Environmental


Code Section 17. Upgrading of
Water Quality. Where the quality
of water has deteriorated t o a
degree where its state will adversely
affect its best usage,the
government agencies concerned
shall take such measures as may
be necessary to upgrade the
quality of such water to meet

2.

W/N Sect 17 and 20 of PD1152


under the headings, Upgrading
of Water Quality and Clean Up
Operations, envisage a cleanup
in general or are they limited
only to clean up of specific
pollution incidents
W/N petitioners may be
compelled by mandamus to
clean up and rehabilitate the
MB

2. YES!

Cleaning or Rehab of MB may be compelled by


Mandamus

the prescribed water quality


standards. Section 20.
Clean-up Operations.It shall be
the responsibility of the polluter to
contain , remove and clean - up
water pollution incidents at his
own expense. In case of his failure
to do so, the government agencies
concerned shall undertake
containment, removal and clean-up
operations and expenses incurred in
said operation shall be charged
against the persons and/ or entities
responsible for such pollution.

The enforcement of the law is a ministerial duty and may


be compelled by mandamus under a continuing
mandamus