04/02/2020
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MILF.
Let us revisit the steps that led to the contested and controversial MOA-AD. Peace
negotiations with the MILF commenced with the execution of ceasefire agreements.
The watershed event, however, occurred in 2001, with the issuance of Executive
Order No. 3[15] entitled "Defining Policy and Administrative Structure for
Government's Comprehensive Peace Efforts." Government Peace Negotiating Panels
were immediately constituted to negotiate peace with rebel groups, which included
the MILF. Significantly, Executive Order No. 3 provides that in the pursuit of
social, economic and political reforms, administrative action, new
legislation or even constitutional amendments may be required.[16] Section 4
of Executive Order No. 3 states, viz:
SECTION 4. The Six Paths to Peace. -- The components of the
comprehensive peace process comprise the processes known as the
"Paths to Peace". These component processes are interrelated and not
mutually exclusive, and must therefore be pursued simultaneously in a
coordinated and integrated fashion. They shall include, but may not be
limited to, the following:
a. PURSUIT OF SOCIAL, ECONOMIC AND POLITICAL REFORMS. This
component involves the vigorous implementation of various policies,
reforms, programs and projects aimed at addressing the root causes
of internal armed conflicts and social unrest. This may require
administrative action, new legislation or even constitutional
amendments.
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c. PEACEFUL, NEGOTIATED SETTLEMENT WITH THE DIFFERENT
REBEL GROUPS. This component involves the conduct of face-toface negotiations to reach peaceful settlement with the different
rebel groups. It also involves the effective implementation of peace
agreements. (Emphasis supplied)
Executive Order No. 3, was later amended by E.O. No. 555,[17] and was followed by
the Tripoli Peace Agreement of 2001. The Tripoli Peace Agreement of 2001 became
the basis for several rounds of exploratory talks between the GRP Peace Panel and
the MILF. These exploratory talks resulted in the signing of the Joint Statements of
the GRP and MILF peace panels to affirm commitments that implement the Tripoli
Agreement of 2001, including the ancestral domain aspect. The issuance of the
Joint Statements culminated in the initialing of the MOA-AD.[18]
It is crystal clear that the initialing of the MOA-AD is but the evidence of the
government peace negotiating panel's assent to the terms contained therein. If the
MOA-AD is constitutionally infirm, it is because the conduct of the peace
process itself is flawed. It is the constitutional duty of the Court is to determine
whether there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of the government peace negotiating panel in the conduct
of the peace negotiations with the MILF. The Court should not restrict its
review on the validity of the MOA-AD which is but the end product of the
flawed conduct of the peace negotiation with the MILF.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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