Oposa v Factoran 224 SCRA 792

Jun 22nd, 2015
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: Principal petitioners, are all minors duly represented and joined by their respective parents. Impleaded as an additional plaintiff is the Philippine Ecological Network, Inc. (PENI), a domestic, non-stock and non-profit corporation organized for the purpose of.

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Oposa v Factoran 224 SCRA 792Facts:Principal petitioners, are all minors duly represented and joined by their respective parents. Impleaded as an additional plaintiff is the PhilippineEcologicalNetwork, Inc. (PENI), a domestic, non-stock and non-profit corporation organized for the purpose of, inter alia, engaging in concerted action geared for the protection ofour environmentand natural resources. The original defendant was the Honorable Fulgencio S. Factoran, Jr., then Secretary of the Department of Environment and Natural Resources (DENR). Hissubstitutionin thispetitionby the new Secretary, the Honorable Angel C. Alcala, was subsequently ordered upon proper motion by the petitioners. The complaint was instituted as a taxpayers' class suit and alleges that the plaintiffs "are all citizens of the Republic of the Philippines, taxpayers, and entitled to the full benefit, use and enjoyment of thenatural resourcetreasure that is the country's virgin tropical forests." The same was filed for themselves and others who are equally concerned about thepreservationof said resource but are "so numerous that it is impracticable to bring them all before the Court."On 22 June 1990, the original defendant, Secretary Factoran, Jr., filed a Motion to Dismiss the complaint based on two grounds, namely: the plaintiffs have no cause of action against him and, the issue raised by the plaintiffs is a political question which properly pertains to the legislative or ex

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