40
include prosecution of public officials, law enforcers, and other persons
who may have violated the civil and political rights of persons suspected of,
or detained for the crime of terrorism or conspiracy to commit terrorism.
What is the impact of this new or additional prosecutorial power to the
investigative, recommendatory, and monitoring powers of the Honorable
Commission? It is worthwhile to ponder upon this question, but it is not
relevant to this Petition.
2.98. To underscore, this Petition was primarily lodged to request the
Honorable Commission to exercise its investigatory, recommendatory, and
monitoring powers to prevent or curb further violations of petitioners’ and
all Filipinos’ constitutionally-protected human rights in the context of
climate change.
D.3. The fact that the Honorable Commission was
not included among the government agencies
composing the advisory board of the Philippine
Climate Change Commission (PCCC) did not
preclude the Honorable Commission from
conducting this national inquiry. Neither did
the Honorable Commission, by taking
cognizance of this case, usurp the jurisdiction of
the PCCC.
2.99. In their respective responses,161 respondents Shell and
LafargeHolcim argued against the Honorable Commission’s evident
investigatory, recommendatory, and monitoring powers. They claim that the
Honorable Commission was not included among the government agencies
composing the advisory board of the PCCC -- allegedly the government
agency tasked to formulate the official Philippine positions on climate
change negotiation issues and decision areas in the international arena -hence, purportedly reflect that the Congress does not consider the Honorable
Commission to have any jurisdiction over environmental, climate change, or
socio-economic and cultural matters.162
2.100. This argument is non sequitur. The fact that this Honorable
Commission was not among those named in the law creating the PCCC
(Republic Act [R.A.] No. 9279, as amended by R.A. No. 10174) neither
dilute the Honorable Commission’s constitutionally endowed investigatory,
monitoring, and recommendatory powers, as discussed, nor preclude it from
conducting this national public inquiry. The PCCC did not attain any sole
“jurisdiction” over environmental, climate or socio-economic, and cultural
161
No. I (D), p. 26 of respondent Shell’s Motion to Dismiss Ex Abundanti Ad Cautelam and Letter D, p. 5
of the attached letter to respondent LafargeHolcim’s Manifestation Ad Cautelam (Without Any Acceptance
or Submission to Jurisdiction) dated 15 September 2016.
162
supra., note 161.
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