6
Well-meaning climate change and human rights commitments require
more than just text on a website. They should inspire hope that a
breakthrough can be achieved and demonstrate that meaningful action is
being implemented today. All of the respondents must engage in the
national public inquiry and live up to their climate change and human rights
commitments, or if they don’t have any yet, make meaningful commitments
now.
I.
ISSUES AND ARGUMENTS RAISED BY THE RESPONDENTS
IN THEIR RESPECTIVE RESPONSES TO THE PETITION
A.
Issues and arguments raised in the
responses received by the Petitioners
1.1. Respondents generally contend that: (a) the Honorable
Commission did not acquire “personal and subject matter jurisdiction”; (b)
the Petition fails to state a “cause of action”; (c) the element of “causation”
is non-existent; and (d) the No-Harm Principle or the Trail Smelter case is
inapplicable.
1.2. With regard to their argument that the Honorable Commission
lacks “jurisdiction,” respondents allege that:
a.
There was improper service of the Petition and Order
requiring respondents to comment/answer, and service
was not made to a resident agent;
b.
Some of them were not particularly named in the Petition,
as the entities identified in the package from, and Order
of, the Honorable Commission, caption, and tables in the
Petition and annexes, were not legal entities or not the
registered corporate names of the respondents;
c.
Some of them were not registered/domiciled in the
Philippines and/or transacting/doing business in this
jurisdiction;
d.
The Honorable Commission’s “jurisdiction” is with
respect to investigations on human rights abuses
involving only civil and political rights;
e.
The rights invoked by the petitioners, specifically
environmental rights, do not fall under civil and political
rights;