04/02/2020
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has the duty to formulate guiding and controlling constitutional principles,
precepts, doctrines, or rules. It has the symbolic function of educating
bench and bar on the extent of protection given by constitutional
guarantees."[7] Similarly, Dela Camara v. Enage,[8] Gonzales v. Marcos,[9] and
Aquino , Jr., v. Enrile[10] were decided under the same aegis.
In David v. Macapagal-Arroyo,[11] the Solicitor General moved for the dismissal of
the consolidated petitions on the ground of mootness. It was argued that because
the President had already lifted her declaration of state of national emergency, there
was no longer an actual case or controversy. The Court was not convinced, saying
that "[t]he "moot and academic" principle is not a magical formula that can
automatically dissuade the courts in resolving a case."[12] It then proceeded
to declare unconstitutional major parts of the declaration of state of national
emergency by the President.
Just recently, in Manalo v. Calderon,[13] "[n]otwithstanding the mootness of the
issues on restrictive custody and monitoring of movements of petitioners," the Court
opted to resolve the petition for habeas corpus, due to "(a) the paramount public
interest involved, (b) their susceptibility of recurring yet evading review,
and (c) the imperative need to educate the police community on the
matter."
The petitions and petitions-in-intervention call for a similar or analogous treatment
by the court, due to their transcendental importance and in the national interest.
II. The MOA-AD is unconstitutional.
The GRP Panel went beyond their marching orders from the President.
The March 1, 2001 Memorandum of Instructions from the President,[14] which
prescribes the guidelines for the GRP Panel in negotiating with the MILF, partly
states:
1. The negotiations shall be conducted in accordance with the Mandates of the
Philippine Constitution, the Rule of Law, and the principles of the sovereignty
and territorial integrity of the Republic of the Philippines.
2. The negotiation process shall be pursued in line with the national
Comprehensive Peace Process, and shall seek the principled and peace
resolution of the armed conflict, with neither blame nor surrender, but with
dignity for all concerned.
3. The objective of the GPNP is to attain a peace settlement that shall:
a. Contribute to the resolution of the root cause of the armed conflict, and
to societal reform, particularly in Southern Philippines;
b. Help attain a lasting peace and comprehensive stability in Southern
Philippines under a meaningful program of autonomy for Filipino Muslims,
consistent with the Peace Agreement entered into by the GRP and the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
161/203
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