04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly is vested in the Bangsamoro juridical entity as the party having control within its territorial jurisdiction, provided that in times of national emergency, when public interest so requires, the Central Government may, during the emergency, for a fixed period and under reasonable terms as may be agreed by both Parties, temporarily assume or direct the operations of such strategic resources.[35] These powers, which are unavailable to any of the political subdivisions, are reserved under the Constitution to the Republic as the owner of all lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources.[36] As a corollary to the BJE's power over the exploitation of natural resources, the MOA-AD accords it freedom "to enter into any economic cooperation and trade relations with foreign countries," including "the option to establish and open Bangsamoro trade mission in foreign countries with which it has economic cooperation agreements."[37] Such a "freedom" is contrary to the long-established principle that "[i]n our system of government, the President, being the head of state, is regarded as the sole organ and authority in external relations and is the country's sole representative with foreign nations."[38] The MOA-AD even assures that "the Central Government shall take necessary steps to ensure the Bangsamoro juridical entity's participation in international meetings and events, e.g. ASEAN meetings and other specialized agencies of the United Nations."[39] These terms effectively denote a concession on the part of the Republic of the Philippines of a segregate legal personality to the BJE before international fora. It bears reminder that regional autonomy under Article X of the Constitution remains "within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines". These provisions of the MOAAD are extra-constitutional and diminish national sovereignty as they allocate to the BJE powers and prerogatives reserved under the Constitution to the State. Clearly, the framework of regional government that premises the MOA-AD is unworkable within the context of the Constitution. IV. A member of the GRP Peace Panel, Atty. Sedfrey Candelaria, had admitted to the Court during the oral arguments held on 29 August 2008 that the implementation of the MOA-AD would require amendments to the Constitution. That admission effectively concedes that the MOA-AD is inconsistent with the Constitution, and thus cannot acquire valid status under Philippine law. It was evident thought on the part at least of the Philippine negotiating panel, that the price for peace in Mindanao involved in part, the amendment of the Philippine Constitution. There is nothing theoretically wrong with that notion, but because that choice is the most fundamental one the sovereign people can adopt, any binding commitment to enact charter change undertaken by an agent of government must be intensely scrutinized. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 150/203