41
matters. In the same vein, the non-inclusion of any agency in any other
government advisory body does not create exclusivity over mandates.
2.101. Respondents Shell and LafargeHolcim further argue, albeit
erroneously, that the petitioners ask the Honorable Commission to usurp -or alternatively, that the Honorable Commission usurped -- the functions of
the PCCC.163
2.102. There is nothing in the numerous enumerated powers and
functions of the PCCC, as provided for in Section 9 of R.A. 9729, that gives
it the investigative power similar to that given by the Constitution to the
Honorable Commission. Section 9 of R.A. 9729 provides:
“Section 9. Powers and Functions of the
Commission. – The Commission shall have the following
powers and functions:
(a) Ensure the mainstreaming of climate change, in
synergy with disaster risk reduction, into the national,
sectoral and local development plans and programs;
(b) Coordinate and synchronize climate change
programs of national government agencies;
(c) Formulate a Framework Strategy on Climate
Change to serve as the basis for a program for climate
change planning, research and development, extension, and
monitoring of activities on climate change;
(d) Exercise policy coordination to ensure the
attainment of goals set in the framework strategy and
program on climate change;
(e) Recommend legislation, policies, strategies,
programs on and appropriations for climate change
adaptation and mitigation and other related activities;
(f) Recommend key development investments in
climate- sensitive sectors such as water resources,
agriculture, forestry, coastal and marine resources, health,
and infrastructure to ensure the achievement of national
sustainable development goals;
(g) Create an enabling environment for the design of
relevant and appropriate risk-sharing and risk-transfer
instruments;
(h) Create an enabling environment that shall
promote broader multi-stakeholder participation and
integrate climate change mitigation and adaptation;
163
See discussions on respondents’ respective responses, Id., No. I (D), p. 26 (respondent Shell) and Letter
D, p. 5 of the attached letter (respondent LafargeHolcim).
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