04/02/2020
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d. Without derogating from the requirements of prior agreements, the
Government stipulates to conduct and deliver, using all possible legal
measures, within twelve (12) months following the signing of the MOAAD, a plebiscite covering the areas as enumerated in the list and depicted
in the map as Category A attached herein (the Annex). The Annex
constitutes an integral part of this framework agreement. Toward this
end, the Parties shall endeavor to complete the negotiations and resolve
all outstanding issues on the Comprehensive Compact within fifteen (15)
months from the signing of the MOA-AD.
Pursuant to the above, the GRP panel bound itself to “complete the negotiations and
resolve all outstanding issues on the Comprehensive Compact within fifteen (15)
months from the signing of the MOA-AD.” On the other hand, it is explicitly provided
in paragraph 7 on Governance that the Comprehensive Compact shall contain a
stipulated timeframe within which to effect the necessary changes to the legal
framework. In other words, the GRP panel undertook to change the legal framework
within a contemplated period to be agreed upon within fifteen (15) months from the
signing of the MOA-AD.
It should also be noted that, in accordance with paragraph 2 (a)[23] on Territory, the
GRP panel committed itself “to the full and mutual implementation of this
framework agreement on territory.” To fully realize the MOA-AD stipulations on
territory, it would be necessary to effect both statutory and constitutional
amendments as well as complete negotiations on the Comprehensive Compact. The
plebiscite envisioned under paragraph 2 (c) on Territory, for instance, would require
not only an amendment of the ARMM Organic Acts, but also a constitutional
amendment that would allow for the very creation of the BJE. Thus, the full
implementation of the territory provisions of the MOA-AD presupposes changes in
the legal framework, which the GRP panel guaranteed under paragraph 7 on
Governance.
Additionally, paragraph 7 on Governance provides that necessary changes to the
legal framework shall likewise be effected “with due regard to non-derogation of
prior agreements.” This can only mean that any change to the legal framework
should not diminish or detract from agreements previously entered into by the
parties. It also implies that provisions of prior agreements are already final and
binding, as these serve as take-off points for the necessary changes that will be
effected to fully implement the MOA-AD.
In my opinion, the MOA-AD is intended to be included among the prior agreements
whose terms cannot be decreased by any of the changes that are necessary for it to
come into force. More specifically, by the time the Comprehensive Compact shall
have prescribed the timeframe for effecting these changes, the MOA-AD shall have
become a prior agreement that is subject to the non-derogation clause found in
paragraph 7 on Governance. This signifies that any change in the legal framework
should adapt to the terms of the MOA-AD. The latter becomes the parameter of any
statutory or constitutional amendments which are necessary to make the MOA-AD
effective.
As such, it cannot be denied that the GRP panel committed itself to the full
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