04/02/2020
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Constitution, laws, rules and regulations as standards, to determine disputes and
violations of constitutional, and statutory rights; the legislature and the executive,
on the other hand, look forward to address present and future situations and
developments, with their actions limited by existing constitutional, statutory and
regulatory parameters that the courts are duty-bound to safeguard. Thus, if this
Court can speak at all on the substance of future talks, this can only be by way of a
reminder that the government's positions can only be within constitutional and
statutory parameters and subject to the strict observance of required constitutional
and statutory procedures if future changes to the constitution and to current statutes
are contemplated.
iv. Mootness and Paramount Public Interest
In justifying the application of the exception on the basis of paramount public
interest, the ponencia noted that the MOA-AD involved a significant part of the
country's territory and wide-ranging political modifications for affected local
government units. It also claimed that the need for further legal enactments
provides impetus for the Court to provide controlling principles to guide the bench,
the bar, the public and the government and its negotiating entity.[18]
Unfortunately, the ponencia's justifications on these points practically stopped at
these statements. Suprisingly, it did not even have an analysis of what the
paramount public interest is and what would best serve the common good under the
failed signing of the MOA-AD. We note, as a matter of judicial experience, that
almost all cases involving constitutional issues filed with this Court are claimed to be
impressed with public interest. It is one thing, however, to make a claim and
another thing to prove that indeed an interest is sufficiently public, ripe, and
justiciable to claim the attention and action of this Court. It must be considered, too,
that while issues affecting the national territory and sovereignty are sufficiently
weighty to command immediate attention, answers and solutions to these types of
problems are not all lodged in the Judiciary; more than not, these answers and
solutions involve matters of policy that essentially rest with the two other branches
of government under our constitutional system,[19] with the Judiciary being called
upon only where disputes and grave abuse of discretion arise in the course applying
the terms of the Constitution and in implementing our laws.[20] Where policy is
involved, we are bound by our constitutional duties to leave the question for
determination by those duly designated by the Constitution - the Executive,
Congress, or the people in their sovereign capacity.
In the present case, the peace and order problems of Mindanao are essentially
matters for the Executive to address,[21] with possible participation from Congress
and the sovereign people as higher levels of policy action arise. Its search for
solutions, in the course of several presidencies, has led the Executive to the peace
settlement process. As has been pointed out repetitively in the pleadings and the
oral arguments, the latest move in the Executive's quest for peace - the MOA-AD would have not been a good deal for the country if it had materialized. This Court,
however, seasonably intervened and aborted the planned signing of the agreement.
The Executive, for its part, found it wise and appropriate to fully heed the signals
from our initial action and from the public outcry the MOA-AD generated; it
backtracked at the earliest opportunity in a manner consistent with its efforts to
avoid or minimize bloodshed while preserving the peace process. At the moment,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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