4
of climate which is attributed directly or indirectly to human activity that
alters the composition of the global atmosphere and that is in addition to
natural climate variability observed over comparable time periods.”4
A peer-reviewed study has clearly established that respondent Carbon
Majors have significantly contributed to cumulative worldwide emissions of
industrial CO2 and methane, mainly through the production of fossil fuels.5
When used as directed, the carbon emissions from the respondents’ products
cause climate change and result in harms that have a disproportionate impact
on vulnerable countries, communities, and people. Likewise, it has been
authoritatively proven that the exercise and full enjoyment of the human
rights of the Filipinos are affected due to the impacts of climate change.
In a recent paper, US scientist Kevin Trenberth said:
“The climate is changing: we have a new normal.
The environment in which all weather events occur is not
what it used to be. All storms, without exception, are
different. Even if most of them look just like the ones we
used to have, they are not the same.”6
According to the Philippine Atmospheric, Geophysical and
Astronomical Services Administration (PAGASA), “[c]limate change is
happening now. Evidence being seen support the fact that the change cannot
simply be explained by natural variation.”7
While extreme weather events do not have a single cause, there are
various contributing factors. Human-induced climate change is one of those
factors. The warming caused by carbon dioxide is increasing the probability
and intensity of extreme weather events.
In practical terms for the petitioners, climate change-fuelled extreme
weather events may mean “rice and corn farms, as far as the eye can see, are
flattened,”8 as it occurred during super typhoon Lawin (Haima) in Isabela
and Cagayan provinces, only days after the strong typhoon Karen (category
4
United Nations Framework Convention on Climate Change, 09 May 1992, 1771 U.N.T.S. 107 (entered
into force on 21 March 1994), Art. 1(2).
5
Heede, R. (2014). Tracing anthropogenic CO2 and methane emissions to fossil fuel and cement
producers, 1854-2010, Climatic Change, January 2014, vol. 122(1): 229-241;
http://link.springer.com/article/10.1007/s10584-013-0986-y?view=classic, last accessed on 08 February
2017.
6
Trenberth, K., Fasullo, J., and Shepherd, T. (2015). Attribution of climate extreme events. Nature Climate
Change 5, pp. 725–730, doi:10.1038/nclimate2657. See also, Trenberth, K., Amicus Curiae Declaration
dated 07 November 2016, on file with the Honorable Commission.
7
Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA). Climate
Change in the Philippines, available at http://pagasa.dost.gov.ph/index.php/climate-change-in-thephilippines#introduction, last accessed on 06 February 2017.
8
The Guardian, Super typhoon Haima causes widespread destruction in Philippines, available at
https://www.theguardian.com/world/2016/oct/19/philippines-high-alert-super-typhoon-haima-hits-country,
last accessed on 06 February 2017.