04/02/2020
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in the alternative, (b) declare the MOA-AD as unenforceable against other
indigenous peoples;
12. a petition-in-intervention for Mandamus and Prohibition filed by Senator
Manuel Roxas, enjoining this Court to: (a) direct respondents to publicly reveal
or disclose the contents of the MOA-AD, including all documents pertinent,
related, attached thereto, and order respondents to furnish petitioner-inintervention Sen. Roxas with the draft and/or final, complete, official, and
initialed copies of said MOA-AD, and (b) command respondents from acting on
and signing and implementing the MOA-AD; and
13. a petition-in-intervention for Prohibition filed by former Senator Franklin Drilon
and Atty. Adel Tamano, enjoining this Court to prohibit and permanently enjoin
respondents from further signing, executing, and entering into the MOA-AD or
any other agreement with terms similar to the MOA and/or from proceeding or
implementing the MOA-AD.
These cases have been consolidated and jointly heard on oral argument by the
Court.
In all, the main petitions and the petitions-in-intervention bewail the lack of public
consultation and invoke violation of the people's right to information[16] in the
drafting of the MOA-AD. The numerous petitions pray for the following reliefs:
1. To prevent the signing of, and, in the alternative, implementation of the
initialed, MOA-AD;
2. To be furnished copies of the MOA-AD grounded on their right to information
on matters of public concern;
3. To exclude certain cities and barangays from the BJE territory;
4. To declare the MOA-AD as unconstitutional riddled as it is with constitutional
infirmities; and
5. As regards Intervenor Lopez, to declare the MOA-AD unenforceable against
indigenous peoples.
The Facts
Before anything else, however, the difficult facts leading to this cause celebre.
The advent of the 1987 Constitution captured and reflected our nation's quest for
true and lasting peace in Muslim Mindanao. The new constitution included authority
for the creation of an Autonomous Region of Muslim Mindanao (ARMM).[17] This
trailblazing legal framework was actually catalyzed, as early as 1976, with the
signing of the Tripoli Agreement in Libya between the GRP and the MNLF.
On August 1, 1989, Congress passed and approved Republic Act 6734 entitled "An
Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao."
Out of the thirteen (13) provinces and nine (9) cities subjected to a plebiscite
conducted on November 19. 1989, only four (4) provinces voted for their inclusion in
the ARMM, namely: Provinces of Maguindanao, Lanao Del Sur, Sulu and Tawi-Tawi.
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