37
of the state and not of corporations;152 and if, indeed, one of the objectives of
the Petition is for the Honorable Commission’s exercise of monitoring
power. In similar evasive tone, respondent LafargeHolcim argued that the
petitioners must seek remedies from their national government, and not from
the transnational corporations.153 The objective of this Petition is precisely to
activate a potential process whereby the Honorable Commission can help in
the realization of the State of the Philippines’ obligations to protect human
rights of those within its jurisdiction from harmful corporate conduct.
D.
Refutations to other “jurisdictional”
matters raised by the respondents.
D.1. The petitioners are invoking this Honorable
Commission’s investigatory, recommendatory,
and monitoring powers, as expressly conferred
by the Constitution, and not its quasi-judicial
function.
2.88. To emphasize, petitioners are invoking this Honorable
Commission’s investigatory, recommendatory, and monitoring powers as
expressly conferred by the Constitution—
“(1) Investigate, on its own or on complaint by any
party, all forms of human rights violations involving civil
and political rights;
xxx
(6) Recommend to the Congress effective measures
to promote human rights and to provide for compensation to
victims of violations of human rights, or their families;
(7) Monitor the Philippine Government’s
compliance with international treaty obligations on human
rights;
xxx.”154
2.89. Contrary to the reasoning of respondents Cemex,155
ExxonMobil,156 and LafargeHolcim,157 petitioners are not seeking this
Honorable Commission’s quasi-judicial power. The procedure upon which
this national public inquiry would be carried out, according to the Honorable
152
Respondent ExxonMobil’s Motion to Dismiss Ad Cautelam dated 13 September 2016, para. 18.
Respondent LafargeHolcim’s Manifestation Ad Cautelam (Without Any Acceptance or Submission to
Jurisdiction) dated 15 September 2016 with attached letter from LafargeHolcim dated 13 September 2015,
Letter C, p. 5 of the attached letter.
154
Section 18, Article XIII of the 1987 Philippine Constitution.
155
See Cemex’s Entry of Special Appearance with Motion to Dismiss dated 14 September 2016, Letter C,
p. 2 thereof.
156
See ExxonMobil’s Motion to Dismiss Ad Cautelam dated 13 September 2016, Nos. 31-32, pp. 9-10
thereof.
157
See LafargeHolcim’s Manifestation Ad Cautelam (Without Any Acceptance or Submission to
Jurisdiction) dated 15 September 2016 with attached letter from LafargeHolcim dated 13 September 2015,
Letter C, p. 5 of the attached letter.
153
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