14
2.19. While the Petition and the Honorable Commission’s Order are
directed at Carbon Major’s parent entities, the subsidiaries are also
implicated. The headquarters and principal office addresses were provided
in Annex “C” of the Petition. Additionally, the petitioners provided in the
same annex the addresses of related entities appearing to exist in the
Philippines.34 It should be abundantly clear to the companies listed in the
Petition and Annex “C” thereof, including parent entities and subsidiaries,
that they are the intended recipients of the Petition and must engage in a
coordinated manner as corporate groups in the investigation.
2.20. Nevertheless, the Omnibus Rules of the Commission allows
the naming or identifying of the respondents even in the course of
investigation.35 The petitioners, therefore, encourage respondents Chevron,
i.e. Chevron Corporation, and UK Coal, i.e. UK Coal Production Limited,
through the PwC, to volunteer their companies’ names, as registered or
preferred, and other information, and cooperate with the Honorable
Commission in this national public inquiry.
2.21. Otherwise, respondents can expect that the petitioners will not
stop and will seek for the truth through means allowed under the Omnibus
Rules of the Commission and special rules of national public inquiry, or
based on the wise discretion of the Honorable Commission. It is
unacceptable that respondents excuse themselves from an important
investigation into their human rights responsibility arising from climate
change, based on technicalities.
B.3. The
Honorable
Commission’s
broad
investigative mandate encompasses the Carbon
Majors’ corporate groups, regardless if there
are entities registered or domiciled or
transacting or doing business in the Philippines.
2.22. Respondents Apache,36 CEMEX S.A.B. de C.V. (hereinafter,
“Cemex”),37 ConocoPhillips,38 Marathon Oil,39 Peabody Energy Corporation
(hereinafter, “Peabody”),40 Repsol, S.A. and Repsol Oil & Gas Canada Inc.
(hereinafter, “Repsol”),41 Shell,42 Taiheiyo,43 on their part, raise the
34
See Annex “C” to the Petition.
“The party shall be identified as a respondent when the person is named/identified as such in the
complaint or in the course of investigation. . . .” (Section 12, Rule 4 of the Omnibus Rules of the
Commission)
36
Letter dated 12 September 2016 (Ad Cautelam Comment on Petition), No. II, pp. 2-3 thereof.
37
Entry of Special Appearance with Motion to Dismiss dated 14 September 2016, No. 19, p. 16, thereof.
38
Letter dated 12 September 2016 (Ad Cautelam Comment on Petition), No. II, pp. 2-3 thereof.
39
Marathon’s Ad Cautelam Comment on Petition.
40
Special Appearance and Motion to Dismiss dated 15 September 2016, No. 4, p. 2 and No. 5, p. 3 thereof.
41
Special Appearance and Motion to Dismiss dated 22 September 2016, pp. 3-7 thereof.
42
Motion to Dismiss Ex Abundanti Ad Cautelam dated 09 September 2016, No. II (B), pp. 61-65 thereof.
43
Taiheiyo’s Motion to Dismiss.
35