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