Oposa v.

Factoran

Doctrine: This is a class suit filed for the succeeding generations as to the doctrine of intergenerational
responsibility insofar to right of balanced and healthful ecology.

Oposa vs Factoran

Natural and Environmental Laws; Constitutional Law: Intergenerational Responsibility

GR No. 101083; July 30 1993

FACTS:

A taxpayer’s class suit was filed by minors Juan Antonio Oposa, et al., representing their generation and
generations yet unborn, and represented by their parents against Fulgencio Factoran Jr., Secretary of
DENR. They prayed that judgment be rendered ordering the defendant, his agents, representatives and
other persons acting in his behalf to:

1. Cancel all existing Timber Licensing Agreements (TLA) in the country;

2. Cease and desist from receiving, accepting, processing, renewing, or appraising new TLAs;

and granting the plaintiffs “such other reliefs just and equitable under the premises.” They alleged that
they have a clear and constitutional right to a balanced and healthful ecology and are entitled to
protection by the State in its capacity as parens patriae. Furthermore, they claim that the act of the
defendant in allowing TLA holders to cut and deforest the remaining forests constitutes a
misappropriation and/or impairment of the natural resources property he holds in trust for the benefit
of the plaintiff minors and succeeding generations.

The defendant filed a motion to dismiss the complaint on the following grounds:

1. Plaintiffs have no cause of action against him;

2. The issues raised by the plaintiffs is a political question which properly pertains to the
legislative or executive branches of the government.

ISSUE:

Do the petitioner-minors have a cause of action in filing a class suit to “prevent the misappropriation or
impairment of Philippine rainforests?”
HELD:

Yes. Petitioner-minors assert that they represent their generation as well as generations to come. The
Supreme Court ruled that they can, for themselves, for others of their generation, and for the
succeeding generation, file a class suit. Their personality to sue in behalf of succeeding generations is
based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful
ecology is concerned. Such a right considers the “rhythm and harmony of nature” which indispensably
include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the
country’s forest, mineral, land, waters, fisheries, wildlife, offshore areas and other natural resources to
the end that their exploration, development, and utilization be equitably accessible to the present as
well as the 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 minor’s assertion
of their right to a sound environment constitutes at the same time, the performance of their obligation
to ensure the protection of that right for the generations to come.

SSS Employee Asso. v CA 175 SCRA 686 (July 28, 1989)

Facts: The petitioners went on strike after the SSS failed to act upon the union’s demands concerning
the implementation of their CBA. SSS filed before the court action for damages with prayer for writ of
preliminary injunction against petitioners for staging an illegal strike. The court issued a temporary
restraining order pending the resolution of the application for preliminary injunction while petitioners
filed a motion to dismiss alleging the court’s lack of jurisdiction over the subject matter. Petitioners
contend that the court made reversible error in taking cognizance on the subject matter since the
jurisdiction lies on the DOLE or the National Labor Relations Commission as the case involves a labor
dispute. The SSS contends on one hand that the petitioners are covered by the Civil Service laws, rules
and regulation thus have no right to strike. They are not covered by the NLRC or DOLE therefore the
court may enjoin the petitioners from striking.

Issue: Whether or not SSS employers have the right to strike

Whether or not the CA erred in taking jurisdiction over the subject matter.

Held: The Constitutional provisions enshrined on Human Rights and Social Justice provides guarantee
among workers with the right to organize and conduct peaceful concerted activities such as strikes. On
one hand, Section 14 of E.O No. 180 provides that “the Civil Service law and rules governing concerted
activities and strikes in the government service shall be observed,

subject to any legislation that may be enacted by Congress” referring to Memorandum Circular No. 6, s.
1987 of the Civil Service Commission which states that “prior to the enactment by Congress of
applicable laws concerning strike by government employees enjoins under pain of administrative
sanctions, all government officers and employees from staging strikes, demonstrations, mass leaves,
walk-outs and other forms of mass action which will result in temporary stoppage or disruption of public
service.” Therefore in the absence of any legislation allowing govt. employees to strike they are
prohibited from doing so.

In Sec. 1 of E.O. No. 180 the employees in the civil service are denominated as “government employees”
and that the SSS is one such government-controlled corporation with an original charter, having been
created under R.A. No. 1161, its employees are part of the civil service and are covered by the Civil
Service Commission’s memorandum prohibiting strikes.

Neither the DOLE nor the NLRC has jurisdiction over the subject matter but instead it is the Public Sector
Labor-Management Council which is not granted by law authority to issue writ of injunction in labor
disputes within its jurisdiction thus the resort of SSS before the general court for the issuance of a writ
of injunction to enjoin the strike is appropriate.