04/02/2020
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intention is to constitute the present MILF armed fighters into the BJE's internal
security force. In effect, there will be no disarmament of the MILF even after the
signing of the comprehensive peace agreement.
The BJE can deploy its internal security force not only within the "core"[100] BJE
territory, but also outside of the core BJE territory, that is, in ancestral lands of the
Lumads that are located in Christian provinces, cities and municipalities. Under
paragraphs 1 and 3 on Concepts and Principles of the MOA-AD, the Lumads and all
their ancestral lands in Mindanao, Sulu and Palawan are made part of the BJE. Thus,
the MOA-AD even allows the MILF to station permanently its MILF armed
fighters within Christian provinces, cities and municipalities outside of the
core BJE territory.
Duty to Preserve Territorial Integrity and National Sovereignty
Under the United Nations Declaration on the Rights of Indigenous Peoples, which is
one of the documents referred to in the Terms of Reference of the MOA-AD, the right
to self-determination of indigenous peoples does not mean a right to dismember or
impair the territorial integrity or political unity of a sovereign and independent State
like the Philippines. Article 46 of the Declaration states:
Article 46
1. Nothing in this Declaration may be interpreted as implying for
any State, people, group or person any right to engage in any activity or
to perform any act contrary to the Charter of the United Nations or
construed as authorizing or encouraging any action which would
dismember or impair, totally or in part, the territorial integrity or
political unity of sovereign and independent States. (Emphasis
supplied)
Under international law, every sovereign and independent State has the inherent
right to protect from dismemberment its territorial integrity, political unity and
national sovereignty. The duty to protect the territorial integrity, political unity and
national sovereignty of the nation in accordance with the Constitution is not the duty
alone of the Executive branch. Where the Executive branch is remiss in exercising
this solemn duty in violation of the Constitution, this Court, in the appropriate case
as in the present petitions, must step in because every member of this Court has
taken a sworn duty to defend and uphold the Constitution.
A Final Word
No one will dispute that the nation urgently needs peace in Mindanao. The entire
nation will truly rejoice if peace finally comes to Mindanao. The Executive branch
must therefore continue to pursue vigorously a peaceful settlement of the Moro
insurgency in Mindanao. No nation can progress and develop successfully while
facing an internal armed conflict.[101]
However, any peace agreement that calls for amendments to the Constitution, -whatever the amendments may be, including the creation of the BJE -- must
be subject to the constitutional and legal processes of the Philippines. The
constitutional power of Congress to propose amendments to the Constitution, and
the constitutional power of the people to approve or disapprove such amendments,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
106/203
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