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I. INTRODUCTION
One of the most famous and celebrated cases in the history of the Philippine Supreme Court is Oposa v. Factoran.1 For almost a decade now, Oposa has continued to earn praises as a significant decision in environmental protection. The case was unorthodox even in its inception: children from all over the country filed a case to compel the Secretary of the Department of Environment and Natural Resources (DENR) to cancel all existing Timber License Agreements (TLA) and to prevent him from renewing or processing any new applications. The suit was based on the novel theory of "intergenerational justice" - the children claimed that they represented not only their generation, but also "generations yet unborn."2
Oposa has attained what might be called celebrity status. It is cited as a "significant," "innovative" case, "likely to become something of a landmark in the jurisprudence of sustainable development."3 According to one author, the Philippines Supreme Court "announced a powerful and influential exposition of intergenerational rights in the context of environmental protection."4 Oposa is virtually a staple of international environmental law scholarship,5 which is rarely critical of the case.6
This interest, however, is actually generated only in the international arena and not in the Philippines. Antonio Oposa, Jr., the Counsel for the petitioners in the case, acknowledged as much when he presented his assessment of impact of the case:
Although hardly known in the country's legal community, the case has been the subject of extensive citation, analysis, and comment in international law circles. Perhaps because it is the first case decided by the highest court of a country which discussed and implemented what had heretofore been a rhetorical call for responsibility to future generations for the world's natural resources. Furthermore, it brings to the fore - in the personal voice of our children - the imminent likelihood that our generation's wanton use of the earth's resources will inevitably adversely impact our children's generation and generations yet unborn.7
The incongruent reception of Oposa may be due to the fact that the international legal community misunderstands the case. In contrast to this dominant interpretation, this Article will show that Oposa adds barely anything new either to Philippine jurisprudence or to the cause of environmental protection, and that it has...