04/02/2020
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issue of jurisdiction, the ICJ may or may not follow past precedents in the light of
special circumstances of the case before it. The Philippines will be risking
dismemberment of the Republic in the hands of an international tribunal that is not
bound by the Philippine Constitution.
More importantly, the BJE, represented by the MILF and endorsed by the OIC, may
apply to be a party to the Statute of the ICJ and accept the compulsory jurisdiction
of the ICJ.[85] A State that recognizes the compulsory jurisdiction of the ICJ has the
right to sue before the ICJ any State that has accepted the same compulsory
jurisdiction of the ICJ.[86] The fact that the BJE has all the attributes of a state,
with the acknowledged power to enter into international treaties with foreign
countries, gives the BJE the status and legal personality to be a party to a case
before the ICJ.[87] In fact, by agreeing in the MOA-AD that the BJE, on its own, can
enter into international treaties,[88] the Philippines admits and recognizes the
international legal personality of the BJE, with the capacity to sue and be sued in
international tribunals.
In short, for this Court to wait for the signing of the MOA-AD before assuming
jurisdiction will allow an international tribunal to assume jurisdiction over the present
petitions, risking the dismemberment of the Republic.
It is providential for the Filipino people that this Court issued the Temporary
Restraining Order enjoining the signing of the MOA-AD in the nick of time on 4
August 2008. When the Court issued the TRO, the members of the GRP Panel were
already on their way to Malaysia to sign the MOA-AD the following day, 5 August
2008, before representatives of numerous states from the OIC, Europe, North
America, ASEAN and other parts of Asia. Indeed, public respondents should be
thankful to this Court for saving them from inflicting an ignominious and irreversible
catastrophe to the nation.
Petitions Not Mooted
The claim of respondents that the present petitions are moot because during the
pendency of this case the President decided not to sign the MOA-AD, "in its present
form or in any other form,"[89] is erroneous. Once the Court acquires jurisdiction
over a case, its jurisdiction continues until final termination of the case.[90] The
claim of respondents that the President never authorized the GRP Panel to sign the
MOA-AD[91] is immaterial. If the GRP Panel had no such authority, then their acts in
initialing and in intending to sign the MOA-AD were in grave abuse of discretion
amounting to lack or excess of jurisdiction, vesting this Court jurisdiction over the
present petitions to declare unconstitutional such acts of the GRP Panel.
Needless to say, the claim that the GRP Panel had no authority to sign the MOA-AD
is a grave indictment of the members of the GRP Panel. At the very least this shows
that the members of the GRP Panel were acting on their own, without following the
instructions from the President as clearly laid down in the Memorandum of
Instructions From The President dated 1 March 2001, which states in part:
This Memorandum prescribes the guidelines for the Government Negotiating
Panel (GPNP) for the peace negotiation process with the Moro Islamic
Liberation Front (MILF):
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
103/203
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