What is intergenerational responsibility in oposa vs factoran?
Factoran or Minors Oposa, is a landmark decision of the Supreme Court of the Philippines recognizing the doctrine of intergenerational responsibility on the environment in the Philippine legal system. The case is a contributor to the development of international environmental law.
What is the oposa doctrine?
In a widely-noted case on inter-generational responsibility, the Philippine Supreme Court upheld the legal standing and the right of the children to initiate the action on their behalf and on behalf of generations yet unborn. It is now known in Philippine and global jurisprudence as the “Oposa Doctrine.”
What do you mean by timber license is not a contract but a mere privilege which does not create irrevocable rights?
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. Thus, this Court held that the granting of license does not create irrevocable rights, neither is it property or property rights (People vs. Ong Tin, 54 O.G.
What is the non-impairment clause?
The non-impairment clause is contained in Section 10, Article III of the Constitution, which provides that no law impairing the obligation of contracts shall be passed.
What is the principle of intergenerational responsibility?
The concept of intergenerational responsibility hinges on the right of the present generation to sue in its behalf and in behalf of the succeeding generations for the protection of the environment.
What is the Writ of Kalikasan what right is protected by the writ?
A writ of kalikasan is aimed to provide a stronger protection of environmental rights in order to accord an effective and speedy remedy where the constitutional right to a healthful and balance ecology is violated and address any possible large-scale ecological threats.
Is Writ of Kalikasan a special proceeding?
Provision for the Writ of Kalikasan was written in 2010 by the Supreme Court of the Philippines under Rule 7 of the Rules of Procedure for Environmental Cases as a Special Civil Action.
What is Antonio Oposa Jr environmental advocacy?
He is well-known for his legal work establishing the right to sue on behalf of future generations to stop environmental damage today, and for his work to protect the forests and marine environments in the Philippines. In 1993, Mr. Oposa made headlines worldwide for his role in the landmark case Oposa v.
Is timber License Agreement a contract?
A timber license is not a contract within the purview of the due process clause; it is only a license or a privilege, which can be validly withdrawn whenever dictated by public interest or public welfare as in this case.
Why is PD 705 important?
It shall be responsible for the protection, development, management, regeneration, and reforestation of forest lands; the regulation and supervision of the operation of licensees, lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof; the implementation of multiple …
What is superior to the non-impairment clause?
the power of taxation is superior to the non-impairment clause of the constitution.
Is non-impairment clause absolute?
An Orwellian application of the law impinges upon a right often overlooked in the constitutional hierarchy – the non-impairment of contracts. The freedom of contract, however, is not meant to be absolute. Over time, the supreme court has carved out exceptions to the application of the non-impairment clause.
What was the issue in Oposa V Factoran?
Oposa v. Factoran (296 Phil. 694, G.R. No. 101083, July 30, 1993) is a case filed by minors against the Secretary of the Department of Environment and Natural Resources (DENR), Secretary Factoran, to mandate the latter to cancel all existing timber license agreements and to stop their further issuance.
What is the significance of Factoran V Factoran?
Factoran (G.R. No. 101083), often alternatively titled Minors Oposa v. Factoran or Minors Oposa, is a landmark decision of the Supreme Court of the Philippines which recognizes the doctrine of Intergenerational Responsibility on the environment in the Philippine legal system.
Who is the judge of minors Oposa V RTC Makati?
The Hon. Fulgencio S. Factoran Jr., in his capacity as the Secretary of the Department of Environment and Natural Resources, and the Hon. Eriberto U. Rosario, Presiding Judge of the RTC, Makati, Branch 66 Makati Regional Trial Court Branch 66: Minors Oposa v.
What is the contribution of Antonio Oposa in law?
In 2008, Antonio Oposa, a Filipino Lawyer, was awarded by the Center for International Environmental Law for his contributions to the development and implementation of international environmental law in his native country and internationally. This article incorporates text from Philippine Supreme Court documents, which are in the public domain.