CASE DIGEST IN ENVIRONMENTAL LAW CASES Sharla Louisse A. Castillo1 | P a g eSan Sebastian College-Recoletos College of LawEnvironmental Law CasesCase DigestsSharla Louisse A. CastilloSchedule: NEL, Friday, 5 to 7 PMSubmitted to: Atty. Caguiat
CASE DIGEST IN ENVIRONMENTAL LAW CASES Sharla Louisse A. CastilloOposa v Factoran 224 SCRA 792Facts: A taxpayer’s class suit was initiated by the Philippine Ecological Network, Inc.(PENI) together with the minors Juan Antonio Oposa et al and their parents. All wereduly represented. They claimed that as taxpayers they have the right to the fullbenefit, use and enjoyment of the natural resources of the country’s rainforests.They prayed that a judgment be rendered ordering Secretary Fulgencio Factoran, Jr,his agents, representatives, and other persons acting in his behalf to cancel allexisting timber license agreements in the country and cease and desist fromreceiving, accepting, processing, renewing or approving new timber licenseagreements, Factoran being the secretary of the Department of Environment andNatural Resources (DENR).Issue: Whether or not petitioners have a cause of action?Held: Yes, petitioners have a cause of action. The case at bar is of common interestto all Filipinos. The right to a balanced and healthy ecology carries with it thecorrelative duty to refrain from impairing the environment. The said right impliesthe judicious management of the country’s forests. This right is also the mandate ofthe government through DENR. A denial or violation of that right by the other whohas the correlative duty or obligation to respect or protect the same gives rise to acause of action. All licenses may thus be revoked or rescinded by executive action.Merida vs People of the Philippines 554 SCRA 366Facts: The government hailed Petitioner before the Regional Trial Court of Romblon,Romblon, Branch 81 (trial court) with violation of Section 68 of PD 705, as amended,for "cut[ting], gather[ing], collect[ing] and remov[ing]" a lone narra tree inside aprivate land in Mayod, Ipil, Magdiwang, Romblon (Mayod Property) over whichprivate complainant Oscar M. Tansiongco (Tansiongco) claims ownership.The RTC handed judgment rapidly. In its Decision dated 24 November 2000, the trialcourt found petitioner guilty as charged, sentenced him to fourteen (14) years, eight(8) months and one (1) day to twenty (20) years of reclusion temporal and orderedthe seized lumber forfeited in Tansiongco's favor. The trial court dismissedpetitioner's defense of denial in view of his repeated extrajudicial admissions thathe cut the narra tree in the Mayod Property with Calix's permission. With this findingand petitioner's lack of DENR permit to cut the tree, the trial court held petitionerliable for violation of Section 68 of PD 705, as amended.