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Thursday, September 7, 2006
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Nature of the Case

Class action seeking the cancellation and non-issuance of timber licence agreements which allegedly infringed the constitutional right to a balanced and healthful ecology (Section 16); non-impairment of contracts; Environmental law; judicial review and the political question doctrine; inter-generational responsibility; Remedial law: cause of action and standing; Directive principles; Negative obligation on State

Significance of the Case

This case has been widely-cited in jurisprudence worldwide, particularly in cases relating to forest/timber licensing.  However, the approach of the Philippino Supreme Court to economic, social and cultural rights has proved somewhat inconsistent, with some judgments resulting in the enforcement of such rights (e.g., Del Rosario v Bangzon, 180 SCRA 521 (1989); Manila Prince Hotel v Government Service Insurance System, G. R. No. 122156 (3 February, 1997) but at least one instance  in which the Court made a statement that economic, social and cultural rights are not real rights (see, Brigido Simon v Commission on Human Rights, G. R. No. 100150, 5 January 1994).

Groups Involved in the Case

Lead counsel and representative of the plaintiffs: Antonio Oposa, Suite 6-J Westgate Tower, Investment Drive, Madrigal Business Park 1780 Ayala Alabang, Muntinlupa City, Philippines
Tel: (632) 809 6122
Fax: (632) 809 3176
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