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The Constitution, Article 2, Section 12, provides:

“The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the
mother and the life of the unborn from conception. The natural and primary right
and duty of parents in the rearing of the youth for civic efficiency and the
development of moral character shall receive the support of the government.”

G.R. No. 101083 July 30, 1993 (ANTONIO vs FACTORAN)

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 the succeeding generations, file a class suit. 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.

One cannot deny that the issues raised herein have potentially pervasive influence on the
social and moral well being of this nation, specially the youth; hence, their proper and just
determination is an imperative need. This is in accordance with the well-entrenched principle
that rules of procedure are not inflexible tools designed to hinder or delay, but to facilitate
and promote the administration of justice. Their strict and rigid application, which would result
in technicalities that tend to frustrate, rather than promote substantial justice, must always be
eschewed.

More importantly, considering that it is the right to life of the mother and the unborn which is
primarily at issue, the Court need not wait for a life to be taken away before taking action.

The Court cannot, and should not, exercise judicial restraint at this time when rights
enshrined in the Constitution are being imperilled to be violated. To do so, when the life of
either the mother or her child is at stake, would lead to irreparable consequences.

(1) "There is a clear legal basis for the representative suit;

(2) There are actual concerns based squarely upon an existing legal right;

(3) There is no possibility of any countervailing interests existing within the population
represented or those that are yet to be born; and

(4) There is an absolute necessity for such standing because there is a threat or
catastrophe so imminent that an immediate protective measure is necessary."

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