04/02/2020
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March 24, 2001, in Kuala Lumpur, Malaysia, the MILF suspended all military actions
in their areas of operation.
Subsequently, two (2) rounds of Formal Peace Talks occurred in June 20-22, 2001
and August 5-7, 2001, respectively, with the latter resulting in the signing of the
Implementing Guidelines on the Security Aspect of the GRP-MILF Tripoli Agreement
on Peace of 2001 and effectively placing the parties on a cease-fire status. This
agreement contained three (3) strands, specifically: (1) the Security Aspect; (2)
Humanitarian, Rehabilitation and Development Aspects; and (c) the Ancestral
Domain Aspect. And as previously stated, R.A. 9054 amending the Organic Act was
ratified with the inclusion of Basilan Province and Marawi City in the ARMM.
Yet, incidences of violence and violation of the cease-fire pact by the MILF continued
to occur. On July 19, 2003, the GRP and the MILF once again agreed to a cessation
of hostilities and resume peace talks. In connection therewith, on September 2,
2003, President Arroyo issued Memorandum of Instructions to the GRP Peace Panel,
i.e., Revised General Guidelines on the Peace Talks with the Moro Islamic Liberation
Front.
Therefrom, the continuation of several rounds of previously held exploratory talks
was held on June 20-21, 2005 at Kuala Lumpur, Malaysia and resulted in the forging
of clear parameters and principles to be pursued on the Governance Strand (Aspect)
of the Ancestral Domain. This was followed by another round of Exploratory Talks on
September 15-16, 2005 also in Kuala Lumpur, Malaysia, where both panels adopted
the points on the same strand/aspect of Ancestral Domain provided in the Peace
Agreement of 2001 between the GRP and the MILF.
The peace process finally culminated in the drafting of the subject MOA-AD intended
to be signed in Kuala Lumpur, Malaysia on August 5, 2008.
News report began to appear on the contents of the MOA-AD and its scheduled
signing on August 5, 2008. Main petitioners, except petitioners in G.R. No. 183962,
all scrambled to procure a copy of the draft of this MOA-AD. Inability to secure
copies thereof and a categorical response from respondent GRP, prompted the filing
of these petitions. On the eve of the scheduled signing, by Resolution dated August
4, 2008, we issued a Temporary Restraining Order commanding and directing
respondents and their agents to cease and desist from formally signing the MOA-AD.
We likewise required the Office of the Solicitor General (OSG) to submit to the Court
and petitioners the official copy of the final draft of the MOA-AD. On August 8, 2008,
the OSG filed its Compliance with our Resolution.
Meanwhile, outbreak of violence occurred in some of the herein petitioner local
government units. Oral arguments were held on August 15, 22, & 29, 2008. On
August 19, 2008, the OSG filed a Manifestation and Motion to Dismiss the petitions
on the ground that the Executive Department has declared it will thoroughly review
MOA-AD and pursue further negotiations addressing all objections hurled against
said document. The OSG's motion was greatly opposed by the petitioners.
On August 28, 2008, the Executive Department pronounced that it would no longer
sign the MOA-AD. On the last day of the oral arguments, Madame Solicitor General,
on interpellation, declared that the Executive Department, specifically, respondent
Sec. Ermita has declared that the MOA-AD "will not be signed in this form, or in any
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
190/203
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