Published — March 10, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: CONTRACTS ENTERED BY MINORS
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Filipinos have a right to a balanced and healthful ecology
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Every generation has a responsibility to the next to preserve the rhythm and harmony of nature for the full enjoyment of a balanced and healthful ecology
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Minors can represent their generation or generations yet unborn in filing a case
May we quote Sidney Sheldon. He said, “Try to leave the Earth a better place than when you arrived.”
Filipinos have a right to a balanced and healthful ecology. For a better understanding, let us take the case of Oposa vs. Factoran (G.R.No. 101083, July 30, 1993).
In this case, the minors, represented by their parents, filed a case against the Secretary of the Department of Environment and Natural Resources (DENR). This is because the DENR granted several Timber License Agreements (TLAs) to various corporations to cut the aggregate area of 3.89 million hectares for commercial logging purposes.
In filing the case, minors stated that they are representing themselves and others who are equally concerned about the preservation of said resource but are “so numerous that it is impracticable to bring them all before the court. They further stated that they also represent their generations as well as the generations yet unborn.
They filed a case for the cancellation of all existing TLAs in the country as the deforestation caused by TLAs issued by the DENR to various corporations had and will continue to have an adverse effect, disastrous consequence, serious injury and irreparable damage to the minors’ generation and to generations yet unborn. The continued failure and refusal by the DENR to cancel the TLAs is an act violative of the rights of the minors to a healthful and balanced ecology.
May minors assert to represent their generation as well as generations yet unborn?
The Supreme Court says:
Yes.
Minors can, for themselves, for others of their generation and for the succeeding generations, file a class suit. A class suit is proper when persons filing for a case is so numerous that it is impracticable to bring them all before the court. Minors’ personality to sue in behalf of the succeeding generations is based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned.
What is intergenerational responsibility?
The Supreme Court says:
Intergenerational responsibility refers to the responsibility of every generation to the next to preserve the rhythm and harmony of nature for the full enjoyment of a balanced and healthful ecology. To put a little differently, the minors’ assertion of their right to a sound environment constitutes, at the same time, the performance of their obligation to ensure the protection of that right for the generations to come.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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