OPOSA vs FACTORAN G.R No 101083 the twin concepts...

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OPOSA vs FACTORAN G.R. No. 101083 July 30, 1993, the twin concepts of "inter-generational responsibility" and "inter-generational justice. arrest the unabated hemorrhage of the country's vital life support systems and continued rape of Mother Earth." all minors duly represented and joined by their respective parents, additional plaintiff is the Philippine Ecological Network, 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 of our environment and natural resources taxpayers, and entitled to the full benefit, use and enjoyment of the natural resource treasure that is the country's virgin tropical forests. Prayers: (1) Cancel all existing timber license agreements in the country; (2) Cease and desist from receiving, accepting, processing, renewing or approving new timber license agreements. scientific evidence reveals that in order to maintain a balanced and healthful ecology, the country's land area should be utilized on the basis of a ratio of fifty-four per cent (54%) for forest cover and forty-six per cent (46%) for agricultural, residential, industrial, commercial and other uses; the distortion and disturbance of this balance as a consequence of deforestation have resulted in a host of environmental tragedies: 1. water shortages 2. salinization of the water table as a result of the intrusion therein of salt water, 3. massive erosion and the consequential loss of soil fertility and agricultural productivity, 4. the endangering and extinction of the country's unique, rare and varied flora and fauna, 5. the disturbance and dislocation of cultural communities 6. f) the siltation of rivers and seabeds and consequential destruction of corals and other aquatic life leading to a critical reduction in marine resource productivity, 7. recurrent spells of drought 8. increasing velocity of typhoon winds which result from the absence of windbreakers 9. the floodings of lowlands and agricultural plains arising from the absence of the absorbent mechanism of forests, 10. the siltation and shortening of the lifespan of multi-billion peso dams constructed and operated for the purpose of supplying water for domestic uses, irrigation and the generation of electric power, and 11. the reduction of the earth's capacity to process carbon dioxide gases which has led to perplexing and catastrophic climatic changes adverse and detrimental consequences of continued and deforestation are so capable of unquestionable demonstration Motion to Dismiss by Respondent - no cause of action against him, issue raised by the plaintiffs is a political question which properly pertains to the legislative or executive branches of Government.
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Opposition to the Motion - complaint shows a clear and unmistakable cause of action, (2) the motion is dilatory and (3) the action presents a justiciable question as it involves the defendant's abuse of discretion.
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