11
2.11. All the foregoing was, or will be, accorded to the respondents
once the public hearings commence.
2.11.1. More particularly, the respondents were duly
notified of the proceedings, furnishing them a copy of the
Petition, and giving them the opportunity to respond -- as some
did mostly through their respective counsels -- with their
version of facts, applicable laws, and evidence.
2.11.2. Furthermore,
the
Honorable
Commission
expressed its investigative mandate during its press conference
held on 08 December 2016. The recorded video of the event is
available on BHRRC’s website.25
2.12. Thus, respondents’ heavy reliance on the application of
technical rules of procedure -- particularly on the Supreme Court’s
pronouncement in Palileo, et al. v. Planters Development Bank,26 which
found that service and filing of pleadings by courier is improper -- is
misplaced.
2.12.1. In Palileo, the case refers to a judicial
proceeding, a complaint for specific performance and/or sum of
money and damages with prayer for the issuance of writs of
preliminary attachment and preliminary injunction, not an
investigation, such as this case. Strict adherence to the rules of
procedure in a judicial proceeding is, generally, observed given
that the rights and obligations of the parties are adjudicated and
the court may award damages or specific reliefs.
2.12.2. The Supreme Court’s strict application of the
rules in the particular case of Palileo is not without a valid
reason. The pleading that was filed and served through private
courier in said case is a critical document -- an Omnibus
Motion for Reconsideration and for New Trial -- which will
establish and direct the fate of the parties therein, particularly
petitioners Palileo, et al.
2.12.3. Finally, in Palileo, both filing to the court and
service to the lone opposing party (Planters Development
Bank) were made through a courier. In the present case, the
Petition was filed personally to the Honorable Commission -- a
recognized mode of filing under the Omnibus Rules of the
Commission -- though service of the copies thereof to fortyseven (47) respondents was made through courier. Indeed, the
25
BHRRC’s website, available at https://business-humanrights.org/en/philippines-commission-on-humanrights-announces-public-hearings-of-fossil-fuels-firms-over-climate-human-rights-impacts, last accessed on
08 February 2017.
26
G.R. No. 193650, 08 October 2014.