04/02/2020
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come into force upon signing of a Comprehensive Compact and upon effecting the
necessary changes to the legal framework." This stipulation does not bear the marks
of a suspensive condition - defined in civil law as a future and uncertain event - but
of a term. It is not a question of whether the necessary changes to the legal
framework will be effected, but when. That there is no uncertainty being
contemplated is plain from what follows, for the paragraph goes on to state that the
contemplated changes shall be "with due regard to non derogation of prior
agreements and within the stipulated timeframe to be contained in the
Comprehensive Compact."
Pursuant to this stipulation, therefore, it is mandatory for the GRP to effect the
changes to the legal framework contemplated in the MOA-AD - which changes would
include constitutional amendments, as discussed earlier. It bears noting that,
By the time these changes are put in place, the MOA-AD itself would be
counted
among the "prior agreements" from which there could be no derogation.
What remains for discussion in the Comprehensive Compact would merely be the
implementing details for these "consensus points" and, notably, the deadline for
effecting the contemplated changes to the legal framework.
Plainly, stipulation-paragraph 7 on GOVERNANCE is inconsistent with the limits
of the President's authority to propose constitutional amendments, it being a
virtual guarantee that the Constitution and the laws of the Republic of the Philippines
will certainly be adjusted to conform to all the "consensus points" found in the MOAAD. Hence, it must be struck down as unconstitutional.
A comparison between the "suspensive clause" of the MOA-AD with a similar
provision appearing in the 1996 final peace agreement between the MNLF and the
GRP is most instructive.
As a backdrop, the parties to the 1996 Agreement stipulated that it would be
implemented in two phases. Phase I covered a three-year transitional period
involving the putting up of new administrative structures through Executive Order,
such as the Special Zone of Peace and Development (SZOPAD) and the Southern
Philippines Council for Peace and Development (SPCPD), while Phase II covered the
establishment of the new regional autonomous government through amendment or
repeal of R.A. No. 6734, which was then the Organic Act of the ARMM.
The stipulations on Phase II consisted of specific agreements on the structure of the
expanded autonomous region envisioned by the parties. To that extent, they are
similar to the provisions of the MOA-AD. There is, however, a crucial difference
between the two agreements. While the MOA-AD virtually guarantees that the
"necessary changes to the legal framework" will be put in place, the GRPMNLF final peace agreement states thus: "Accordingly, these provisions [on Phase
II] shall be recommended by the GRP to Congress for incorporation in the
amendatory or repealing law."
Concerns have been raised that the MOA-AD would have given rise to a binding
international law obligation on the part of the Philippines to change its Constitution
in conformity thereto, on the ground that it may be considered either as a binding
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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