101
Ichong v. Hernandez.472 But it pivoted back in Reyes v. Bagatsing, proudly declaring that
at the time when other nations merely considered the UDHR as aspirational, the
Philippines had already given it binding force in its jurisdiction, thus:
“The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as
part of the law of the land, and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.”
The Philippines can rightfully take credit for the acceptance, as
early as 1951, of the binding force of the Universal Declaration of
Human Rights even if the rights and freedoms therein declared are
considered by other jurisdictions as merely a statement of aspirations
and not law until translated into the appropriate covenants. In the
following cases decided in 1951, Mejoff v. Director of Prisons,
90 Phil. 70; Borovsky v. Commissioner of Immigration, 90 Phil.
107; Chirskoff v. Commissioner of Immigration, 90 Phil. 256;
Andreu v. Commissioner of Immigration, 90 Phil. 347, the Supreme
Court applied the Universal Declaration of Human Rights.473
2. All Entities within the Carbon Majors’ Value Chain may be
Compelled to Undertake Human Rights Due Diligence and
Provide Remediation
The corporate responsibility to refrain from contributing to climate change impacts
that impair the full enjoyment of human rights extends not only to the whole
group of companies of each Carbon Major in recognition of the enterprise theory of
corporate personhood,474 but also to all business enterprises in each of the Carbon
Majors’ respective value chains.475 Accordingly, the Carbon Majors and business
enterprises that cause, contribute to or are linked to adverse climate-related human
rights impacts, “need to know and be able to show” that they respect human rights.476
This they can do by undertaking a human rights due diligence process as set forth in
Principles 16 to 21 of the UNGP-BHR.
472
473
Lao Ichong, in his own behalf and in behalf of other alien residents, corporations and
partnerships adversely affected by Republic Act No. 1180 v. Jaime Hernandes, et. al.,
G.R. No. L-7995 (May 31, 1957).
Jose B.L. Reyes, in behalf of the Anti-Bases Coalition (ABC) v. Ramon Bagatsing, as Mayor of Manila,
G.R. No. L-65366 (Nov. 9, 1983), n. 34.
474
See Amicus Curiae Brief of ClientEarth, supra note 27, at 47-49.
475
UNGP-BHR, supra note 313 (Principle 13).
476
Id. (Principle 15).
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