ANTONIO OPOSA

To popularize EcoGov at UP-NCPAG, I decided to bring EcoGov issues to the attention of the college's students, faculty members, and staff. For my first salvo, I invited Atty. Antonio Oposa, a world-reknown environmental lawyer to speak about "Environmental Audit." Luckily he accepted the invitation. This was sometime in August 2005, if I am not mistaken. Unfortunately, I was not able to take a picture of him as I was busy managing the forum (I was also a speaker at that time). I have attached a picture from another website (INECE). And I was not able to get the gist of his presentation (sorry for that).

Why is Atty. Oposa famous? You can get ideas from below:

Among the cases decided by the Supreme Court which granted victory to the advocacy for environmental protection, the case of Oposa vs. Secretary Factoran (224 SCRA 792) stands out as most unique, and novel to the legal world. Studded with new legal doctrines and principles relating to environmental protection, the case has up to now been the inspiration of the warriors of mother nature.

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.

Issue: Whether or not the Plaintiffs are real parties in interest.

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.

Said provision is recognized as self executory and hence may be a source of obligation upon the state without need of further positive act from Congress.

Source: Edgar B. Pascua (n.d.), “The Legal Implications of the case of Oposa v. Factoran,” < http://www.geocities.com/green_juris/artopfacjet.html > 30 January 2006.