04/02/2020
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necessarily the President, from signing the proposed MOA-AD and from negotiating
and executing in the future similar agreements. The sheer absurdity of the situation
where the hands of executive officials, in their quest for a lasting and honorable
peace, are sought to be tied lest they agree to something irreconcilable with the
Constitution, should not be lost on the Court.
Under our constitutional set up, there cannot be any serious dispute that the
maintenance of the peace, insuring domestic tranquility[26] and the suppression of
violence are the domain and responsibility of the executive.[27] Now then, if it be
important to restrict the great departments of government to the exercise of their
appointed powers, it follows, as a logical corollary, equally important, that one
branch should be left completely independent of the others, independent not in the
sense that the three shall not cooperate in the common end of carrying into effect
the purposes of the constitution, but in the sense that the acts of each shall never be
controlled by or subjected to the influence of either of the branches.[28]
Favorably accommodating the petitioners under the premises cannot but be viewed
as a indirect attempt on the part of the Court to control and dictate on the peace
prerogatives of the executive branch, and in the process unduly impairing that
branch in the performance of its constitutional duties. It will distort the delicate
balance of governance which the separation of powers seeks to safeguard.
One Last Word
The Executive Secretary has categorically declared that the government will not sign
the MOA-AD,[29] which, as couched, may indeed be constitutionally frail or legally
infirm. But the more important point is that the challenged agreement is an
unsigned document without effect and force whatsoever. It conveys no right to and
imposes no correlative obligation on either negotiating party. As an unsigned writing,
it cannot be declared unconstitutional, as some of my colleagues are wont to do.
Accordingly, I vote to DENY the petitions. The factual and legal situations call for
this disposition.
[1] Angara v. Electoral Commission, 63 Phil. 139 (1936).
[2] People v. Vera, 65 Phil. 50 (1937).
[3] DBM v. Kolonwel Trading, G.R. Nos. 175608, 175616, June 8, 2007.
[4] Valenzuela v. Court of Appeals, 363 SCRA 779; Metropolitan Bank and Trust Co.,
v. Alejo, 364 SCRA 812 (2001).
[5] Per statement made by Solicitor General Agnes Devanadera during the Oral
Arguments on August 28, 2008.
[6] Guingona v. Court of Appeals, G.R. No. 125532. July 10, 1998, citing cases.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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