04/02/2020
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[21] A. CASSESE, INTERNATIONAL LAW (2nd ed.), at 172.
[22] S. MURPHY, PRINCIPLES OF INTERNATIONAL LAW (2006 ed.), at 68.
[23] M. FITZMAURICE, "THE ANATOMY OF A TREATY," IN INTERNATIONAL LAW
(Oxford), ed. by M.Evans.
[24] Supra note 10 at 1280-1281.
[25] Const., Art. X, Sec..
[26] Const., Sect. 15, in relation with Art. X, Sec. 1.
[27] G.R. No. 149848, 25 November 2004, 444 SCRA 203.
[28] Id. at 230-231.
[29] Id. at 229; citing Const., Art. X, Sec. 15. Seealso IIIRecord235, 12 August
1986:
MR. NOLLEDO. As I already stated, these autonomous regions are
established within the framework of our national sovereignty. And in
answer to the question of Commissioner Bengzon this morning that
should there be rebels against the government, whether this will prevent
the President from sending armed forces to suppress the rebellion, I said,
"No, because of the expression `within the framework of national
sovereignty.'" We are not granting sovereignty to the autonomous region.
That is why the term "power of autonomous region" was appropriately
used because as an accepted principle in constitutional law, sovereignty is
indivisible. That is why we also maintain the provision in both Committee
Report Nos. 21 and 25 that the President of the Philippines has
supervisory power over autonomous regions to see to it that laws are
faithfully executed. So, I find no inconsistency between the powers to be
granted to autonomous regions and the sovereignty of the Republic of the
Philippines.
[30] MOA-AD, Governance, Par. 8.
[31] See Const., Art. X, Sec. 18.
[32] See Const., Art. IX-B, Sec. 2(1) in relation to Sec. 1(1).
[33] Const., Art. IX-C, Sec. 2(1).
[34] MOA-AD, Resources, Par. 2(d).
[35] MOA-AD, Resources, Paragraph 5.
[36] See Art. XII, Sec. 2 which also provides "The exploration, development, and
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