Philippine Normal University
National Center for Teacher Education
Taft Ave., Finance Rd. Manila City
CASE STUDY
(G.R. No. 101083,
July 30, 1993)
“In partial fulfillment of the requirements of Prof. Ed. 5: Guidance and Counseling.”
Prepared by:
Jerald Rotolu Renico
II-25, BSE-VE
Prepared for:
Prof. Zenaida H. Brioso I. OPOSA et.al. vs DENR Secretary (GR No. 101083, July 30, 1993)
II. Facts of the Case
The complaint focuses on one specific fundamental legal right—the right to a balanced and healthful ecology. But the complainants are all minors were they are represented by their parents. On March 2, 1990, plaintiffs served upon defendant a final demand to cancel all logging permits in the country. Respondent Judge issued an order granting the aforementioned motion to dismiss on July 18, 1991. Due course was given to the petition and the parties were required to submit their respective Memoranda after the Office of the Solicitor General (OSG) filed a comment in behalf of the respondents and the petitioners filed a reply thereto on May 14, 1992. The original defendant, Secretary Factoran, Jr., Filed a Motion to Dismiss the complaint on July 22, 1990 based on two grounds. The first is that the plaintiffs have no cause of action against him and the second is that the issue raised by the plaintiffs is a political question which properly pertains to legislative or executive branches of government. In their 12 July 1990 Opposition to the Motion, the petitioners maintain that the complaint shows a clear unmistakable cause of action, the motion is dilatory and the action presents a justiciable question as it involves the defendant’s abuse of discretion.
The Petitioners had fought for their right to defend the mother nature although it is in the contract. Eventhough they are not faithful in the Regional Trial Court, they stil got the chance to defend their side Supreme Court.
III. Characters
a. Petitioners:
|NAME OF MINORS |NAME OF PARENTS |
|Juan Antonio, Anna Rosario, and Jose Alfonso Oposa |Mr. Antonio and Mrs. Rizalina Oposa |
|Roberta Nicole Sadiua |Mr. Calvin and Mrs. Roberta Sadiua |
|Carllo, Amanda Salud and Patrisha Flores |Mr. Enrico and Mrs. Nida Flores |
|Gianina Dita R. Fortun |Mr. Sigrid and Mrs. Dolores Fotun |
|George II and Ma. Concepcion Misa |Mr. George and Mrs. Myra Misa |
|Benjamin Allan V. Pesigan |Mr. Antonio and Mrs. Alice Pesigan |
|Jovie Marie Alfaro |Mr. Jose and Mrs. Maria Violeta Alfaro |
|Ma. Concepcion T. Castro |Mr. Fredenil and Mrs. Jane Castro |
|Johanna Desamparado |Mr. Jose and Mrs. Angela Desamparado |
|Carlo Joaquin T. Narvasa |Mr. Gregorio II and Mrs. Cristine Charity Narvasa |
|Ma. Margarita, Jesus Ignacio, Ma. Angela Marie Gabrielle Saenz |Mr. Roberto and Mrs. Aurora Saenz |
|Kristine , Mary Ellen, May, Golda Marthe and David Ian King |Mr. Mario and Mrs. Haydee King |
|David Francisco, and Therese Victoria Endrriga |Mr. Baltazar and Mrs. Teresita Endriga |
|Jose Ma. And Regina Ma. Abaya |Mr. Antonio and Mrs. Marica Abaya |
|Marilyn, Mario Jr. and Mariette Cardama |Mr. Mario and Mrs, Lina Cardama |
|Clarissa, Ann Marie, Nagel and Imee Lyn Oposa |Mr. Ricardo and Mrs. Marissa Oposa |
|Philip Joseph, Stephen John and Isaiah James Quipit |Mr. Jose Max and Mrs. Vilmi Quipit |
|Bughaw Cielo, Crisanto, Anna, Daniel and Francisco Bibal |Mr. Francisco Jr. and Mrs. Milagros Bibal |
|And the Philippine Ecological Network Incorporation |
b. Respondents
i. The Honorable Fulgencio S. Factoran Jr., in his capacity as the Secretary of the Department of Environment and Natural Resources, and The Honorable Eriberto U. Rosario, Presiding Judge of the RTC, Makati, Branch 66
IV. Issue of the Case
The main issue of the case is the destruction of the Mother Nature because of the human activities that leads for them to be developed, but people are not thinking about this, they are just guided by their selfishness. Soil erosion, flashflood, and other disasters are not in their mind but to be rich and to use people for their sake.
V. Decision of the Supreme Court
The petitioners is granted by the Supreme Court that the natural resources should be preserve and that every child needs to be respected as a child and not to abuse them using the power given by the authority.
VI. Reaction / Comments
It is very alarming for us that there are issues that might affects our lives here in present and also the future, it is also good for us to know that there are areas that we need to consider and to respect. It is also an eye opening view for us that the powerful men are using their power to use people for their own needs and welfare, yes it is somewhat very sad but there is this mentality that, “wala naman tayong magagawa diyan eh andyan na iyan.” Is just that can we do something? Can we move for improvements? Let’s ask ourselves and think twice or more. Amen+
VII. Question
As the future teacher, how will you guide and/or counsel our present generations in order to prevent the total impairment/destruction of Mother Earth?
-I’ll be honest that I can’t shout on them saying that, “HUWAG KAYONG MAGKALAT! MASISIRA ANG MUNDO! HUWAG KAYONG MAGPUTOL NG PUNO! BABAHA!., etc.” I am very sure that no one will listen to me they will just ignore me and no one will look to me and listen. But what I can do is to integrate environment in my teachings especially while I am teaching faith in the public high school, I can tell to my students to be aware of their surroundings, and for them to be alarmed. In that way I can have a sprout which I can plant now in able fro me to have a good tree in the future. But I can’t do all of these if I can’t start with myself to be a disciplined person and to be a good example for each one of us. Amen+ 