04/02/2020
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other form." Moreover, on September 3, 2008, President Arroyo dissolved the GRP
Peace Panel. Finally, in compliance to the Court's directive upon termination of the
oral arguments, the parties' submitted their respective Memoranda.
Petitioners and petitioners-in-intervention maintain that despite the supervening
events and foregoing declarations and acts of the Executive Department, there
remains a justiciable controversy, a conflict of legal rights by the parties that ought
to be adjudicated by this Court. They asseverate that, supervening events
notwithstanding, the cases at bench have not been mooted, or, even if so, the issues
they raised fall within the exceptions to the moot and academic principle.
Consequently, even with the dissolution of the GRP Peace Panel and the positive and
unequivocal declaration by the Executive Department that the MOA-AD will not be
signed in this form or in any other form, the constitutionality of the MOA-AD may
still be ruled upon.
At the other end of the spectrum, however, the OSG is adamant that this
contentious MOA-AD is, in fact, only a codification of "consensus points" and does
not, in any way, create rights and obligations that must be declared infirm, and thus,
is not ripe for adjudication by this Court. Furthermore, the OSG insists that the
petitions and petitions-in-intervention must be dismissed on the ground of
mootness, supervening events having rendered the assailed MOA-AD inexistent and
all the reliefs prayed for satisfied and fulfilled. In addition, the OSG argues that a
ruling by this Court on the constitutionality of the MOA-AD violates the doctrine of
separation of powers as the negotiation of the MOA-AD is embraced in the
President's powers and in the nature of a political question, outside the pale of
judicial review.
The Issues
From the pleadings and as delineated on oral arguments, the issues raised are both
procedural and substantive, namely
1. Procedural
(i) Whether petitioners and petitioners-in-intervention have locus
standi;
(ii) Whether the petitions and petitions-in-intervention continue to
present a justiciable controversy still ripe for adjudication; and
(iii) Whether the petitions
become moot and academic.
and
petitions-in-intervention
have
2. Substantive
(i) Whether the MOA-AD is unconstitutional;
(ii) Whether the GRP Peace Panel (respondents) committed grave
abuse of discretion amounting to lack or excess of jurisdiction when
it negotiated and initialed the MOA-AD.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
191/203
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