Oposa v.

Factoran
G.R. No. 101083 July 30, 1993
Davide, Jr., J.
Facts: The complaint was instituted as a taxpayers class suit. The minors were represented by
their parents. They alleges that they are entitled to the full benefit, use, and enjoyment of natural
resource treasure that is the countrys virgin tropical forests. They are praying to (1) cancel of
all timber license agreements of the country; and (2) cease and desist from receiving, processing,
renewing, or approving new timber license agreements. The minors further invoked that they
represent their generation as well as the generations yet unborn.
Issue: Whether or not petitioners have cause of action to prevent misappropriation or
impairment of Philippine rainforests and arrest the unabated hemorrhage of countrys vital life
support system and continued rape of Mother Earth.
Held: Yes. The case is of common interest. Their personality to sue in behalf of the succeeding
generations can only be based on the concept of intergenerational responsibility insofar as the
right to a balanced and healthful ecology is concerned. The right to a balanced and healthful
ecology carries with it correlative duty to refrain from impairing environment. All licenses
may thus be revoked or rescinded by Executive action. Conformably with the enunciated right
to a balanced and healthful ecology and the right to health, as well as the other related provisions
of the Constitution concerning the conservation, development and utilization of the country's
natural resources, then President Corazon C. Aquino promulgated on 10 June 1987 E.O. No.
192, Section 4 of which expressly mandates that the Department of Environment and Natural
Resources "shall be the primary government agency responsible for the conservation,
management, development and proper use of the country's environment and natural resources,
specifically forest and grazing lands, mineral, resources, including those in reservation and
watershed areas, and lands of the public domain, as well as the licensing and regulation of all
natural resources as may be provided for by law in order to ensure equitable sharing of the
benefits derived therefrom for the welfare of the present and future generations of Filipinos."
Director of Forestry v. Muoz
G.R. No. L-24796 June 28, 1968
Sanchez, J.
Facts: The Bureau of Forestry, on December 4, 1963, issued in Piadeco's name Certificate of
Private Woodland Registration No. PWR 2065-New, covering but a portion of the land an
aggregate area of 4,400 hectares and an average stand of 87.20 cubic meters, situated in the
municipalities of Angat, Norzagaray, and San Jose del Monte, all of the province of Bulacan, and
Montalban, in Rizal. It was to expire on December 31, 1964. By virtue of the registration
certificate, Piadeco conducted logging operations. The controversy in the case began on April 11,
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1964, when Acting Director of Forestry Apolonio F. Rivera issued an order cancelling PWR No.
2065-New. He required Piadeco to surrender the original certificate to him. Ground for this
cancellation was that Piadeco had violated forestry rules and regulations for cutting trees within
the Angat and Marikina Watershed Reservations, expressly excluded from the said certificate.
Issue: Whether or not the act of the Director of Forestry regarding the cancellation of certificate
though Piadecos title is registrable, is valid.
Held: Yes. When the Director of Forestry cancelled Piadeco's registration certificate, he only
performed his duty as he saw fit. By Forestry Administrative Order 12-2, "the Director of
Forestry may cancel a certificate of registration for any violation of the provision of this
Order or of the forest and internal revenue laws and regulations or of the terms and conditions
embodied in the certificate, or when found that the area is no longer covered with forest, or
upon failure of the landowner thereof, or of his representatives, to obey, follow or
implement instructions of the said Director of Forestry." To him, a condition expressly written
into the registration certificate was being violated. Piadeco was found to be cutting trees within
the Angat and Marikina Watershed Reservations in direct contravention of a specific prohibition
in the certificate. And this, upon the basis of positive and actual findings of qualified and
competent forestry officers. Absent a valid registration certificate under Section 1829 of the
Revised Administrative Code, or a license to cut, gather and remove timber, and more important,
credible evidence of private ownership over the forestry land in question, Piadeco's logging
operations logically descend to the level of unlawful cutting from public forests.
Permit

a short-term privilege or authority granted by the State

to a person to utilize any limited forest resources or
undertake a limited activity with any forest land without
any right of occupation and possession therein ( Sec. 3
(ee) )

License

a privilege granted by the State to a person to utilize

forest resources as in any forest land, without any right
of occupation and possession over the same, to the
exclusion of others, or establish and operate a woodprocessing plant, or conduct any activity involving the
utilization of any forest resources ( Sec. 3 (cc) )

License agreement

a privilege granted by the State to a person to utilize

forest resources within any forest land with the right of
possession and occupation thereof to the exclusion of
others, except the government, but with the
corresponding obligation to develop, protect and
rehabilitate the same in accordance with the terms and
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conditions set forth in said agreement ( Sec. 3 (dd) )

Lease

a privilege granted by the State to a person to occupy

and possess, in consideration of a specified rental, any
forest land of the public domain in order to undertake
any authorized activity therein ( Sec. 3 (bb) )

License agreement, license, lease, and permit are mere privileges. They do not create
or vest irrevocable rights. They can be cancelled or withdrawn even before the expiry
date or could be change when public interest so requires. The Chief Executive may
validly amend, modified, replaced, or rescind when national interest so requires.

The privilege shall automatically terminate, even before the expiration of the license
agreement of license, the moment the harvestable timber have been utilized without
leaving any logged-over area capable of commercial utilization. The maximum period
of any privilege to harvest timber is twenty-five (25) years, renewable for a period,
not exceeding twenty-five (25) years, necessary to utilize all the remaining commercial
quantity or harvestable timber either from the unlogged or logged-over area.

The size of the forest lands which may be the subject of timber utilization shall be
limited to that which a person may effectively utilize and develop for a period of
fifty (50) years, considering the cutting cycle, the past performance of the applicant and
his capacity not only to utilize but, more importantly, to protect and manage the whole
area, and the requirements of processing plants existing or to be installed in the region.

A lease for a period of twenty-five (25) years, renewable for another period not
exceeding twenty-five (25) years, for the establishment of an industrial tree plantation or
a tree farm may be granted by the Department Head upon recommendation of the
Director to any person qualified to develop and exploit natural resources, over timber or
forest lands of the public domain categorized in Section 33 hereof, with a minimum area
of One Thousand (1,000) hectares for industrial tree plantation and One Hundred
(100) hectares for tree farm; Provided, That the size of the area that may be granted
under each category shall in each case depend upon the capacity of the lessee to develop
or convert the area into productive condition within the term of the lease; Provided,
further, That no lease shall be granted within critical watersheds. Scattered areas of
less than One Hundred (100) hectares each may be leased for the establishment of tree
farms to different qualified persons upon a showing that if developed as an integrated unit
these areas can be economically exploited: Provided, That it shall be a condition of the
lease that such persons organize themselves into a cooperative to ensure the orderly
management thereof.
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Department Head may, by himself or thru the Director or any qualified person duly
designated by the Department Head, investigate, inspect and examine records, books
and other documents relating to the operation of any holder of a license agreement,
license, lease, or permit, and its subsidiary or affiliated companies, to determine
compliance with the terms and conditions.

When in performance of official duties, forest officers, or other government officials or

employees duly authorized by the Department Head or Director, shall have free entry
into areas covered by a license agreement, license, lease or permit.

Pasture: No forest land 50% in slope or over may be utilized for pasture purposes.

Wildlife: Director may regulate the killing and destruction of wildlife to maintain the
ecological balance of flora and fauna. But this does not exclude the possible destruction,
killing, consuming, eating, and disposing of wildlife, even without permit, for the
protection of life and convenience of people.

Recreation: Bureau shall, in the preparation of multiple-use management plans, identify

and provide for the protection of scenic areas in all forest lands which are potentially
valuable for recreation and tourism, and plan for the development and protection of such
areas to attract visitors thereto and meet increasing demands.

The privilege shall be diffused into as many qualified and deserving applicants as
possible. If the applicant is a corporation, for increased Filipino equity and participation
beyond 60% constitutional limitation is highly encouraged.

The licensee, lessee, or permittee shall be allowed to transfer or convey his license
agreement, license, lease or permit only if he has not violated any forestry law, rule or
regulation; has been faithfully complying with the terms and conditions of the license
agreement, license, lease or permit; the transferee has all the qualifications and none of
the disqualifications to hold a license agreement, license, lease or permit; there is no
evidence that such transfer or conveyance is being made for purposes of speculation; and
the transferee shall assume all the obligations of the transferor.