15 argument that the Honorable Commission did not acquire “jurisdiction” over respondents either because they were not registered or domiciled in the Philippines, or they were not transacting or doing business in this jurisdiction. 2.23. In the national public inquiry, the Honorable Commission is not acting as a court, rather, as an investigatory body that is empowered under the Constitution and its own rules to make factual findings, formulate appropriate recommendations to the Congress, and initiate proper actions before pertinent government agencies/offices and courts. Hence, any reference to the technical rules of procedure, especially the supposed need of acquiring personal jurisdiction over the respondents, should not be determinative. All stakeholders, including respondents herein, should instead support the Honorable Commission in its inquiry to identify their articulated “commitments” and plans and assess whether they meaningfully address climate change, respect human rights, and prevent the foreseeable harm going forward. 2.24. It must be underscored that the requirement of due process of law in the context of the national public inquiry is to give all persons/entities who/which will be affected by the outcome of the current proceedings the opportunity to be heard and present their opinions. This is clear from the terms of the Omnibus Rules of the Commission which states that, “all stakeholders and civil society groups concerned shall be given the opportunity to engage in the process”44 and that the national public inquiry “allows for the participation of the affected parties and sectors.”45 2.25. As will be discussed below, the Honorable Commission has authority to investigate businesses, regardless of where they are registered/domiciled or doing/transacting business, if it is believed that human rights harms are occurring in the Philippines. Respondents, which are neither registered/domiciled in the Philippines nor doing/transacting business herein, must participate in the investigative proceedings in order to demonstrate their corporate responsibilities to respect human rights and to take meaningful action on climate change. 2.26. This opportunity to participate in the proceedings and, possibly, affect the findings of the Honorable Commission complements the factfinding and non-adversarial nature of the national public inquiry.46 Hence, respondents’ arguments with respect to procedural technicalities and personal jurisdiction are unmeritorious. 44 Section 4, Rule 5 of the Omnibus Rules of the Commission. Section 2, Rule 7 of the Omnibus Rules of the Commission. 46 Section 2, Rule 7 of the Omnibus Rules of the Commission. 45

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