impacts of climate change need to monitor, assess, notify the Carbon
Majors, and their states, of imminent or on-going human rights violations,
and to take further action if deemed necessary. This petition presents an
opportunity for the States where the Carbon Majors are incorporated to
cooperate with the Philippines, a State profoundly affected by climate
change, and specifically with the Honourable Commission in fully
investigating this urgent matter.
7. The international law and principles discussed herein form part of the
law of the land.
The 1987 Constitution provides that the Philippines “adopts the
generally accepted principles of international law as part of the law of the
land.”116 Relevant to an administrative investigation, the application of
international laws specifically in litigating environmental cases has been
explained by former Supreme Court Chief Justice Renato Corona. He said:
No doubt, the duty of Philippine courts is to give
force and effect to the prohibitions, regulations and
obligations found in multilateral environmental
agreements, whether or not they have been
transposed into local laws. 117
This is even more relevant in the light of increasing environmental
challenges that are transboundary in nature such as climate change; and
where domestic laws are traditionally limited to regulating and addressing
problems within national boundaries such as in the Philippines. Therefore,
the Petitioners appeal for the Honourable Commission’s wise, novel and
courageous investigation to hold accountable the big, powerful,
multinational Carbon Majors for the human rights implications of climate
change and ocean acidification.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
116
CONST. art. II, § 2.
In a public lecture on environmental law and protection at the Graduate School of the University of Sto.
Tomas, Manila, Nov. 20, 2010.
117
!
!
!
!
!
46
!
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents