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 was the decision of the court in oposa vs factoran?
On the merits of the petition, whether the petitioners had a cause of action, the Court recognized the constitutional right to a balanced and healthful ecology under Section 15 and 16 of Article II of the 1987 Constitution as self-executory and judicially enforceable in their present form.
What is Antonio Oposa Jr environmental advocacy?
12. Antonio A. Oposa, Jr. is recognized as one of Asia’s leading voices in the global arena of Environmental Law. Fighting to protect the Philippines’ natural patrimony, he has initiated landmark cases to protect the country’s remaining virgin tropical forests and to clean up Manila Bay.
What is GR No 101083?
— It is hereby declared the policy of the State to ensure the sustainable use, development, management, renewal, and conservation of the country’s forest, mineral, land, off-shore areas and other natural resources, including the protection and enhancement of the quality of the environment, and equitable access of the …
Who can file Writ of Kalikasan?
– The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is …
What is intergenerational responsibility discuss it further?
intergenresp. 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?
Since 2010, Filipinos have had a distinctive legal weapon: the Writ of Kalikasan (nature) is based on the constitutional mandate for the state to “protect and advance the right of the people to a balanced and healthful ecology.” Created by the Supreme Court, the writ can be invoked in cases where this constitutional …
What right is protected by the writ?
Right to due process. Right to privacy. Right to one’s good name. Freedom of belief.
Does timber license create irrevocable rights?
A 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 the public welfare is promoted.
What is Writ of Kalikasan example?
A Writ of Kalikasan is a legal remedy under Philippine law that provides protection of one’s constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, which states that the “state shall protect and advance the right of the people to a balanced and healthful …
What right is protected by the Writ of Kalikasan?
the people to a balanced and healthful ecology
Since 2010, Filipinos have had a distinctive legal weapon: the Writ of Kalikasan (nature) is based on the constitutional mandate for the state to “protect and advance the right of the people to a balanced and healthful ecology.” Created by the Supreme Court, the writ can be invoked in cases where this constitutional …
What are our environmental obligations to future generations?
The human right to a healthful environment should be viewed in the context of a duty to future generations. The duty to preserve and protect the environment is a duty that is owed not merely to all other human beings, non-human beings, and inanimate objects in present time but extends also to future generations.