52
those who have some past, present or future role in
relation to the situation or some responsibility for its
causes or consequences. It therefore permits findings and
recommendations to be made in relation to all those who
share responsibility.”210
2.134. On the other hand, adjudication means: “’[t]o settle in the
exercise of judicial authority; to determine with finality. Synonymous with
adjudge in its strictest sense;’ and ‘adjudge’ means: ‘to pass on judicially, to
decide, settle or decree, or to sentence or condemn. . . . Implies a judicial
determination of a fact, and the entry of a judgment.’211
2.135. In Cariño v. CHR212, the Commission was found to be devoid
of power to “resolve on the merits” the legally contentious questions of “(a)
whether or not the mass concerted actions engaged in by the teachers
constitute and are prohibited or otherwise restricted by law; (b) whether or
not the act of carrying on and taking part in those actions, and the failure of
the teachers to discontinue those actions, and return to their classes despite
the order to this effect by the Secretary of Education, constitute infractions
of relevant rules and regulations warranting administrative disciplinary
sanctions, or are justified by the grievances complained of by them; and (c)
what where the particular acts done by each individual teacher and what
sanctions, if any, may properly be imposed for said acts or omissions.”
2.136. Different from Cariño v. CHR213 and respondent
ExxonMobil’s view, this Petition asks the Honorable Commission to: (a)
determine the particular human rights affected by the impacts of climate
change, including the composite elements of those rights based on human
rights laws, treaties, and standards; (b) look into the human rights
responsibility of the respondents who were identified in the peer-reviewed
study of Mr. Heede to have contributed a very significant amount of carbon
emissions that caused climate change); (c) recommend actions to be taken by
the governments of the Philippines and countries where respondents are
headquartered, in order to protect the rights of those affected by climate
change; and (d) request the respondents to submit acceptable plans and
policies that will prevent further carbon emissions and, consequently,
prevent future adverse effects on the human rights of the Filipino people and
those sojourning in the country, resulting from the impacts of climate
change.
210
Manual on Conducting a National Inquiry into Systemic Patterns of Human Rights Violations, Asia
Pacific Forum of National Human Rights Institutions and Raoul Wallenberg Institute of Human Rights and
Humanitarian Law, September 2012
211
supra., note 210.
212
G.R. No. 96681, 02 December 1991.
213
supra., note 212.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents