04/02/2020
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treaty). In the case of a multilateral treaty not signed in time, a state can
still validly declare its consent to be bound by submitting an instrument of
accession.[24]
This discussion is confirmatory that initialing is generally not the act by which an
international agreement is signed, but a preliminary step that confirms the
authenticity of the agreed-upon text of the agreement. The initialing of the
agreement reflects only the affirmation by the negotiating agents that the text of the
prospective agreement is authentic. It is plausible for the negotiating agents to have
initialed the agreement but for the principal to later repudiate the same before
signing the agreement.
Article 12(2)(a) of the Vienna Convention on the Law of Treaties does provide that
"the initialing of a text constitutes a signature of the treaty when it is established
that the negotiating States so agreed." At bar, it is evident that there had been no
agreement that the mere initialing of the MOA-AD would constitute the signing of the
agreement. In fact, it was explicitly provided in the MOA-AD that the signing of the
agreement would take place on a date different from that when the document was
initialed. Further, a formal signing ceremony independent of the initialing procedure
was scheduled by the parties.
The fact that the MOA-AD reflects an initialing process which is independent of the
affixation of signatures, which was to be accomplished on a specific date which was
days after the MOA-AD was initialed, plainly indicates that the parties did not intend
to legally bind the parties to the MOA through initialing. There is no cause under
international law to assume that the MOA-AD, because it had been initialed, was
already signed by the Philippine Government or the MILF even.
III.
The position of the MILF that the MOA-AD already creates binding obligations
imposable on the Government cannot ultimately be sustained, even assuming that
the initialing of the document had such binding effect. That position of the MILF
supposes that the provisions of the MOA-AD are intrinsically valid under Philippine
law. It takes no inquiry at great depth to be enlightened that the MOA-AD is
incongruous with the Philippine Constitution.
The Constitution establishes a framework for the administration of government
through political subdivisions. The territorial and political subdivisions of the Republic
of the Philippines are the provinces, cities, municipalities, and barangays.[25] In
addition, there shall be autonomous regions in Muslim Mindanao and the Cordilleras,
in accordance with respective organic acts enacted by Congress.[26] The Constitution
has adopted decentralization as a governing principle with respect to local
government rule, and this especially holds true with respect to the autonomous
regions. As we explained in Disomangcop v. DPWH:[27]
Regional autonomy is the degree of self-determination exercised by the
local government unit vis-à-vis the central government.
In international law, the right to self-determination need not be
understood as a right to political separation, but rather as a complex net
of legal-political relations between a certain people and the state
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