Oposa V. Factoran
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Oposa V. Factoran
''Oposa v. Factoran'', G.R. No. 101083, 224 S.C.R.A. 792 (1993), alternatively titled ''Minors Oposa v. Factoran'' or ''Minors Oposa'', is a landmark decision of the Supreme Court of the Philippines recognizing the doctrine of intergenerational responsibility on the environment in the Philippine legal system. The case is a contributor to the development of international environmental law. Background In 1987, a new Philippine constitution was drafted during a period of growing concern over the preservation of the natural environment and resources of the Philippines. Section 16 of Article II of the 1987 Constitution provides the following state policy: "The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature." On June 10, the Aquino administration created the Department of Environment and Natural Resources (DENR) under Executive Order 192. Around that time, Antonio Oposa, fresh out of law ...
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Andres Narvasa
Andres dela Rosa Narvasa (November 30, 1928 – October 31, 2013) was the Chief Justice of the Supreme Court of the Philippines from December 1, 1991, to November 30, 1998. He served as chairman of the Preparatory Commission for Constitutional Reform, a special agency tasked to look into potentially positive amendments to the Philippine Constitution, from 1999 to 2000. Education During his youth, Narvasa managed to excel in both academics and athletics. He was the captain of the University of Santo Tomas Intramural Basketball Team, as well as the top student of his class at the University of Santo Tomas Faculty of Civil Law. Narvasa graduated elementary at Colegio de San Juan de Letran, 1938 (salutatorian), and secondary school at the Arellano High School, 1945 (valedictorian). He obtained his Bachelor of Laws, University of Santo Tomas in 1951 (magna cum laude), and received his Doctor of Laws (honoris causa), Pamantasan ng Lungsod ng Maynila on April 15, 1992, Doctor of Laws ...
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Regional Trial Court
The Regional Trial Courts ( fil, Panrehiyong Hukuman sa Paglilitis) are the highest trial courts in the Philippines. In criminal matters, they have original jurisdiction. History It was formerly called as the Court of First Instance since the Spanish era. It continued throughout its colonization under Spanish and Americans. After the independence from the United States, Republic Act No. 296 or Judiciary Act of 1948 was enacted to reinforce its jurisdictional powers of the Court of First Instance. Under its law, it has the power to try civil and criminal cases, as well as appeals from the decisions made by the municipality and city Justice of the Peace courts. However, there were numerous cases (both civil and criminal) yet to be resolved or being delayed for years due to their nature. In addition, there were special courts made to try specialized cases like criminal, agricultural, and family to decongest cases, which unfortunately ended up complicating the judiciary system. Th ...
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Public Domain
The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and composition. Legal definitions Creative works require a cre ... to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the for ...
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Center For International Environmental Law
The Center for International Environmental Law (CIEL) is a public nonprofit environmental law firm based in Geneva, Switzerland with an office in Washington, DC, United States. It was founded in 1989. CIEL's team aims to "strength and use international law to protect the environment, promote human health, and ensure a environmental friendly society." They help educate organizations, corporations, and the public on environmental issues and conduct their own research. Carroll Muffett has been the president and CEO of CIEL since September 2010. CIEL also offers internship, externship, and fellowship programs. Issues CIEL's work can be divided into three programs: Climate and Energy; Environmental Health; and People, Land, and Resources. Actions to protect environment and human rights include "collaborating to improve safeguard policies, increasing access to information through the Early Warning System, and supporting community-driven advocacy and complaints at the accountability me ...
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Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exis ...
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Hilario Davide
Hilario Gelbolingo Davide Jr. (born December 20, 1935) is a Filipino lawyer, professor, diplomat, constitutionalist and former politician, who served as the 20th Chief Justice of the Supreme Court of the Philippines and Permanent Representative of the Permanent Mission of the Republic of the Philippines to the United Nations. As constitutionalist, Davide led the creation of the Legislative branch, and also wrote the most resolutions and the bulk of the 1987 Constitution of the Philippines, becoming its father and primary author. On June 30, 2010, President Noynoy Aquino announced that Davide will head a truth commission that will investigate important issues in the country. Early life and career The sixth of seven siblings, Davide was born in Barangay Colawin, in Argao, Cebu to Hilario P. Davide Sr. (1904–2006), a retired Schools Division Superintendent, and Josefa L. Gelbolingo, a former public school teacher. He completed his primary education at Argao Central Elementary S ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Fulgencio S
Fulgencio () is a Spanish male given name. It is derived from the Latin name Fulgentius, which means "bright, brilliant". People First name *Fulgentius of Cartagena (?–c. 630), Bishop of Écija, Hispania *Fulgentius of Ruspe (462 or 467–527 or 533), Bishop of Ruspe, North Africa * Fulgencio Aquino (1915–1994), Venezuelan musician and songwriter *Fulgencio Argüelles (born 1955), Spanish writer and psychologist *Fulgencio Batista (1901–1973), President and dictator of Cuba *Fulgencio Berdugo (1918–2003), Colombian footballer *Fulgencio Coll Bucher (born 1948), Spanish general * Fulgencio R. Moreno (1872–1933), Paraguayan journalist, financial expert, statesman and historian *Fulgencio Vega (1805–1868), Supreme Director of Nicaragua *Fulgencio Yegros (1780–1821), Paraguayan soldier and first head of state of independent Paraguay *Fulgencio Zúñiga (born 1977), Colombian professional boxer Surname *Edgardo Fulgencio (1917–2004), F ...
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Antonio Oposa
Antonio ''Tony'' Oposa Jr. is a creative litigator, organizer and activist for environmental legislation in the Philippines. Oposa helped to litigate one of the first class-action suits taken by children to oppose environmentally-harmful actions taken by their government: in the 1990s, he represented 43 children from a local village to stop deforestation around the village that had been authorized by the Philippine government, on the basis that the children's rights would be harmed by the deforestation. Though the case was initially thrown out in lower courts on the basis that the children did not have legal standing, the Philippine Supreme Court overturned these, affirming the children did have standing; between both legal and legislative action, the deforestation activity was halted. The case inspired several other environmental cases around the globe, with children serving as the plaintiffs to fight for these rights. For his actions, Oposa won the 2009 non-categorized Ramon ...
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Department Of Environment And Natural Resources
The Department of Environment and Natural Resources ( fil, Kagawaran ng Kapaligiran at Likas na Yaman, DENR or KKLY) is the executive department of the Philippine government responsible for governing and supervising the exploration, development, utilization, and conservation of the country's natural resources. History of the DENR The Department of Environment and Natural Resources was first established on January 1, 1917, as the Department of Agriculture and Natural Resources (DANR) through the enactment of Act No. 2666 by the Philippine Commission, otherwise known as "An Act to Re-organize the Executive Department of the Government of the Philippine Islands," on November 18, 1916. In 1932, the DANR was reorganized into the Department of Agriculture and Commerce (DAC). In 1947, a reorganization act changed the DAC back to the Department of Agriculture and Natural Resources. The Natural Resources arm of the DANR was finally spun off on May 17, 1974, as the Ministry of Natural ...
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Constitution Of The Philippines
The Constitution of the Philippines (Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. Three other constitutions have effectively governed the country in its history: the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. The earliest constitution establishing a "Philippine Republic", the 1899 Malolos Constitution, was never fully implemented throughout the Philippines and did not establish a state that was internationally recognized, due in great part to the eruption of the Philippine–American War. Background of the 1987 Constitution Ruling by decree during the early months of her tenure as a president installed via the People Power ...
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