Who would ever thought that a Filipino could make a big difference in protecting the environment, especially in the field of law? Tony Oposa did, not only once but twice. First during his case which is popularly known as Minors Oposa vs. Factoran in which he sued the Department of Environment and Natural Resources and demanding the cancellation of all existing logging concessions and an injuction against new one. These logging concessions deforest what remains to be only 4% of virgin forests in the country. The second was his case against government agencies in cleaning up Manila Bay which after 10 years, was ruled by the Supreme Court in favor of Oposa’s cause. These two famous cases was a landmark victory in environmental law, testing the waters for future cases and paving the way for environmental law in becoming an established branch of the legal system.

Oposa started his advocacy with little interest in the law. He studied at law school in University Philippines but hated the practice of law firms. So his wife inspired her to take a specialty instead. Still fresh in his memory the seaside town where he grew up in Cebu, he decided to take environmental law instead. His grandfather was a former harbor pilot in Cebu and owned a vast stretch of white sand beaches in Bantayan Island where he spent most of his happiest childhood moments. He knew he loved mother nature, the animals and the ocean but becoming an environmental lawyer was far from idealistic. He knew then that it would surely not feed his family, owing the question to the nature “who will pay me the fees, the fish?. But Oposa knew that a lifetime of security for his children is more important than a short term hunger of his family. So he decided to take Environmental law.

In doing so, Tony Oposa consulted University of the Philippines Professor and Harvard Graduate School alumna Myrna Feliciano LL.M. ’80, who would later become one of the first to teach environmental law in the country. Feliciano became Oposa’s instant mentor and taught him about environmental law which paved the way of the latter’s interest and success in his career as an environmental lawyer. Feliciano was also the one who helped Oposa in getting a scholarship in Oslo, Norway which exposed him to active environmental movement and ideas similar to his. He was surprised to find out that people in Oslo where also thinking of the same things he was thinking.

He then went back to the Philippines and applied everything he learned from that institute. When he came back, people mistook him as someone who is a pony-tailed hippie, but he didn’t mind but instead, pursued his advocacy. In one of his pursuit, a friend and fellow environmental activist who was the head of Bantay Dagat, Elpidio dela Victoria was shot dead. He knew he would be the next target. So he then uprooted his family and moved to manila where Environmental Causes are beginning to resound loudly but with less danger compared in cebu.

At that time, Oposa was aware that the remaining 4% of the virgin forest in the Philippines are squandered by lawless loggers who were at that time, allowed by the newly formed Department of Environment and Natural Resources. He knew that suing the illegal loggers and the other concessions would be futile to his survival because he will be flooded with endless motions and appeals that would surely such his financial resources dry, after all, he was just a lone attorney fighting for mother nature. So instead, he filed charges against the DENR headed by then secretary Fulgencio Factoran who was also sympathetic to his cause and demanded the cancellation of logging concessions and injunctions against the new ones. The constitution had just been passed at that time and Oposa wanted to test a specific line in the constitution which says: “right to a balanced and healthful ecology.”

The regional trial court dismissed the suit and without any support from other lawyers or any money to finance his cause, he search for ways in dealing with the decision. He then came across the theory of a Georgetown Law professor named Edith Brown Weiss ’66, who developed the concept of “intergenerational equity”.

Intergenerational Equity is a concept based on the idea that young generations and those that are not yet born can sue for their basic rights of good health and safe environment. In the regional trial court, the judge ruled that children and those who were not yet born had no personality to sue, and soon dismissed the case. He went straight to the Supreme court but the solicitor general questioned Oposa’s right to sue on behalf of generations unborn. Yet, he used this argument of Intergenerational Equity, and for the first time in world history, such law was ruled in favor of him by the Supreme court. The High Tribunal of the Philippines favored Oposa’s arguments point by point and upheld his case and the rest was history.

The international law community soon picked up this triumph and made a significant leverage in behalf of the future Generations.

The author of the concept, Edith Brown Weiss ’66, was extremely pleased at the result. David Hunter ’86, who teaches international environmental law at American University Washington College of Law, said, “The case is widely cited as one of the few—maybe the only case—that has used the principle of intergenerational equity, an important principle on theoretical and policy levels for international environmental lawyers.”.

Though his triumph was recognized all over the world, he soon followed it with another triumph, this time, suing government agencies over the mess in Manila Bay which was also rulled by the Supreme Court in favor of Oposa. The High Tribunal ordered 12 Government agencies to clean up the Manila Bay. But after six months, no result came, so the Supreme Court again reminded the Government of their accountability and responsibility to which the Palaced ordered its Government Agencies to act immediately upon the orders of the SC. Gloria Macapagal Arroyo soon allocated Php 1.6 Billion  in cleaning up the Manila Bay area.

Oposa’s achievements did not stop there. The Integrated Bar of the Philippines established committees all over the country in dealing with environmental cases, inspired of course by the works of Oposa. He was also awarded by the Washington DC based Center for International Environmental Law Award. His “Oposa Doctrine” was also cited in the Clean Air Act which at that time was being drafted. And recently this year, he was awarded, together with other five Asians, of the prestigious Ramon Magsaysay Award for his dedication and effort in saving the environment.

The world famous “Oposa Doctrine” served as a catalyst in challenging the law in behalf of the rights and interest of the generations to come. But in his free time, when he is not busting ecological rapists in the court, he is busy with his NGO called Sea Squadron wherein together with gun totting NBI agents and coast guards, they raid illegal fishers and environmental law violators. He also wrote two books entitled “A Legal Arsenal for the Philippine Environment” and “The Laws of Nature and Other Stories.”

Antonio Oposa’s environmental advocacy, known in the law community as the “Oposa Doctrine” is best summarized by the opinion of then Associate Justice Hilario G. Davide Jr., writing for the Republic of the Philippines Supreme Court, en banc, July 30, 1993, in Minors Oposa v. Factoran

“Every generation has a responsibility to the next to preserve that rhythm and harmony. Petitioners minors assert that they represent their generation as well as generations yet unborn. We find no difficulty in ruling that they can, for themselves, for others of their generation and for succeeding generations, file a class suit. Their personality to sue in behalf of succeeding generations can only be based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. Such a right, as hereinafter expounded, considers the ‘rhythm and harmony of nature.’ Nature means the created world in its entirety. Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration, development and utilization be equitably accessible to the present as well as future generations. Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. Put a little differently, the minors’ assertion of their right to a sound environment constitutes, at the same time, the performance of their obligations to ensure the protection of that right for the generations to come.”

from left to right: Film maker Eric de Guia aka Kidlat Tahimik, Isabela Governor Grace Padaca and Antonio Oposa Jr.

References:

• RP lawyer uses law to protect Mother Nature
• Visionary of the Visayan Sea
• 2009 Ramon Magsaysay awardees
• Palace allocates P1.6B for Manila Bay cleanup
• Oposa thanks friend for Magsaysay Award
• Intergenerational Equity
• 2008 Recipient of CIEL International Environmental Law Award
• Equity and RM Awards
• The illusion of intergenerational equity: Oposa v. Factoran as pyrrhic victory
• Republic Act No. 8749 – The Philippine Clean Air Act
• Photos – Tonton Mina and Melvin Calderon