Memorandum for the Petitioners | 20
Iv
THE HONORABLE COMMISSION’S AUTHORITY TO
INVESTIGATE AND GRANT THE RELIEFS PRAYED FOR BY
THE PETITIONERS
The Honorable Commission’s authority to
investigate human rights violations and/or
threats
thereof
is
unequivocal
and
explicitly mandated by no less than the
1987
Philippine
Constitution,
the
Honorable
Commission’s
Omnibus
Rules,
and various international human rights
and environmental agreements to which
the Philippines is a signatory
4.1.
Respondents are domiciled in many countries around the world,
from the United States to South Africa to Australia. The corporate groups’
operations take place in an even greater number of countries. The products
are sold and burned in an even larger number of countries. Yet the harm at
issue in this National Inquiry is occurring here, in this country, our home, the
Philippines.
4.2,
The
National Inquiry
pronouncements
December 2017%
authority of the Honorable Commission to conduct this
is — and should be — a settled issue considering its
during the preliminary conference of the parties held on 11
and the opening of the first public hearings on 27 March
2018,%° and in its closing press release.5” The following pronouncements
during the preliminary conference® are enlightening—
In accordance with the well-established doctrine of
compétence de la compétence, it is for the Commission to
determine the scope of its own jurisdiction.
Most compellingly, the Commission’s jurisdiction to
adopt its Omnibus Rules of Procedure has not been the
subject of domestic legal challenge. Accordingly, the
Omnibus Rules in their current form are demonstrably intra
55 See Opening Remarks of the Focal Chairman of the NICC, Commissioner Roberto Eugenio T. Cadiz,
TSN dated 11 December 2017, pp. 9-12.
56 See Opening Remarks of Chairman Jose Luis Martin C. Gascon, Transcript of Proceedings: National
Inquiry on the Impact of Climate Change on the Human Rights of the Filipino People, and the
Responsibility of the “Carbon Majors,” if any, First Hearing, March 27 to 28, 2018, pp. 2-5 (hereinafter,
“TSN dated 27-28 March 2018”), also available at http://chr.gov.ph/wp-content/uploads/2019/04/NICCTSN-March-27-t
1 8-Metro-Manila-Phi
o-28-20
lippines.pdf (last accessed on 12 September 2019).
57 Commission on Human Rights (CHR) Press Release (13 December 2018), CHR concluded landmark
inquiry on the effects of climate change to human rights; expects to set the precedent in seeking climate
Justice,” available at https://essc.org.ph/content/wpcontent/uploads/2019/03/CHR_concluded_landmark_inquiry_on.pdf (last accessed on 12 September 2019).
38 TSN dated 11 December 2017, supra note 55.
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