04/02/2020
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already prevailing.
Even apart from the above-mentioned Memorandum, however, the MOA-AD is
defective because the suspensive clause is invalid, as discussed below.
The authority of the GRP Peace Negotiating Panel to negotiate with the MILF is
founded on E.O. No. 3, Section 5(c), which states that there shall be established
Government Peace Negotiating Panels for negotiations with different rebel groups to
be "appointed by the President as her official emissaries to conduct negotiations,
dialogues, and face-to-face discussions with rebel groups." These negotiating panels
are to report to the President, through the PAPP on the conduct and progress of the
negotiations.
It bears noting that the GRP Peace Panel, in exploring lasting solutions to the Moro
Problem through its negotiations with the MILF, was not restricted by E.O. No. 3 only
to those options available under the laws as they presently stand. One of the
components of a comprehensive peace process, which E.O. No. 3 collectively refers
to as the "Paths to Peace," is the pursuit of social, economic, and political reforms
which may require new legislation or even constitutional amendments. Sec. 4(a) of
E.O. No. 3, which reiterates Section 3(a), of E.O. No. 125,[167] states:
SECTION 4. The Six Paths to Peace. - The components of the
comprehensive peace process comprise the processes known as the
"Paths to Peace". These component processes are interrelated and not
mutually exclusive, and must therefore be pursued simultaneously in a
coordinated and integrated fashion. They shall include, but may not be
limited to, the following:
a. PURSUIT OF SOCIAL, ECONOMIC AND POLITICAL REFORMS. This
component involves the vigorous implementation of various
policies, reforms, programs and projects aimed at addressing
the root causes of internal armed conflicts and social unrest.
This may require administrative action, new legislation or
even constitutional amendments.
x x x x (Emphasis supplied)
The MOA-AD, therefore, may reasonably be perceived as an attempt of respondents
to address, pursuant to this provision of E.O. No. 3, the root causes of the armed
conflict in Mindanao. The E.O. authorized them to "think outside the box," so to
speak. Hence, they negotiated and were set on signing the MOA-AD that included
various social, economic, and political reforms which cannot, however, all be
accommodated within the present legal framework, and which thus would require
new legislation and constitutional amendments.
The inquiry on the legality of the "suspensive clause," however, cannot stop here,
because it must be asked
whether the President herself may exercise the power delegated to the GRP
Peace Panel under E.O. No. 3, Sec. 4(a).
The President cannot delegate a power that she herself does not possess. May the
President, in the course of peace negotiations, agree to pursue reforms that would
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