17
the mix of energy sources in a company’s portfolio,”53 and, therefore,
controls and/or influences the activities of its subsidiaries. The Honorable
Commission must not -- by sheer attempt of these corporations to avoid
scrutiny of their responsibilities -- concede its authority over the
respondents.
C.
The
Honorable
Commission
has
authority to conduct a national public
inquiry on the subject matter of the
Petition.
C.1. The Petition invokes infringements of civil and
political rights—the very rights enshrined in the
Constitution, Omnibus Rules of the Honorable
Commission and the International Covenant on
Civil and Political Rights.
2.31. The human rights enumerated in the Petition, including
environmental rights, are the very essence of the civil and political right to
life -- the violations or threats of violations of which the Honorable
Commission is duty-bound to investigate.
2.32. International jurisprudence and instruments are replete with
pronouncements regarding the right to life as embracing the right to a
healthy environment and other rights mentioned in the Petition.54
2.33. In the Philippines, the Supreme Court in the recent cases of
Henares, Jr., et al. v. Land Transportation Franchising and Regulatory
Board, et al.55, Metropolitan Manila Development Authority, et al. v.
53
ClientEarth’s amicus submission dated 21 November 2016, p. 48, available at
http://www.documents.clientearth.org/wp-content/uploads/library/2016-11-21-amicus-curiae-briefpresented-by-clientearth-re-national-inquiry-on-the-impact-of-climate-change-on-the-human-rights-of-thefilipino-people-ce-en.pdf, last accessed on 08 February 2017. In general, it appears that parent companies
often take responsibility for climate change on behalf of their organization. This can be seen in corporate
disclosures on climate change to investors. CDP provides a “global disclosure system” for companies to
manage their environmental impacts and for investors or purchasers to access environmental information
for use in financial decisions. Investors can request information from companies through CDP's climate
change questionnaires. The climate change questionnaire asks companies, “[w]here is the highest level of
direct responsibility for climate change within your organization?” See CDP, Climate Change 2016
Information Request, available at https://www.cdp.net/en, last accessed on 08 February 2017.
54
See cases of T. Damodhar Rao v. Municipal Corporation of Hyderabad, Shantistar Builders v. Narayan
Khimalal Totame, Subhash Kumar v. State of Bihar, M.C. Mehta v. Union of India, Forum, Prevention of
Environment and Sound Pollution v. Union of India, and Centre of Environmental Law v. Union of India,
Shehla Zia v. WAPDA, P.L.D. and West Pakistan Salt Miners Labour Union v. Industries and Mineral
Development, Mohiuddin Farooque v. Bangladesh, Gbemre v. Shell Petroleum Dev. Co. Nigeria Ltd.,
Sawhoyamaxa Indigenous Community v. Paraguay and Yakye Axa Indigenous Community v. Paraguay.
See also Environmental Law Alliance Worldwide (ELAW), amicus curiae brief, which discusses these
cases succinctly, dated 07 November 2016, on file with the Honorable Commission and also available at
https://business-humanrights.org/en/amicus-briefs, last accessed on 08 February 2017.
55
G.R. No. 158290, 23 October 2006.
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