04/02/2020
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MILF ended. The parties issued a joint statement of the consensus points of the
Ancestral Domain aspect of GRP-MILF Tripoli Agreement on Peace of June 22, 2001.
The Joint Statement provides that:
"Among the consensus points reached were:
· Joint determination of the scope of the Bangsamoro homeland based on
the technical maps and data submitted by both sides;
· Measures to address the legitimate grievances of the Bangsamoro
people arising from the unjust dispossession and/or marginalization;
· Bangsamoro people's right to utilize and develop their ancestral domain
and ancestral lands;
· Economic cooperation arrangements for the benefit of the entire
Bangsamoro people."
On July 27, 2008, a Joint Statement on the Memorandum of Agreement on
Ancestral Domain (MOA-AD) was signed by Chairperson Rodolfo C. Garcia on
behalf of the GRP Peace Panel, and Mohagher Iqbal on behalf of the MILF Panel. In
the Joint Statement, it was declared that the final draft of the MOA-AD has already
been initialed. It was announced that "both sides reached a consensus to initial the
final draft pending its official signing by the Chairmen of the two peace panels in
early August 2008, in Putrajaya, Malaysia."[13]
The Joint Statement triggered the filing of the petitions at bar. These Petitions,
sought among others, to restrain the signing of the MOA-AD. On August 4, 2008, a
day before the intended signing of the initialed MOA-AD, this Court issued a
Temporary Restraining Order stopping the signing of the MOA-AD. Several petitionsin-intervention were also filed praying for the same relief. On August 8, 2008 and
September 1, 2008, the respondents through the Solicitor General, submitted official
copies of the initialed MOA-AD to the Court and furnished the petitioners and
petitioners-in-intervention with copies of the same.
All the petitions were heard by the Court in three separate days of oral arguments.
In the course of the arguments, the Solicitor General informed the Court that the
MOA-AD will not be signed "in its present form or any other form."[14] Thereafter,
the government Peace Panel was dismantled by the President.
II. Petitions should be Decided on the Merits
The first threshold issue is whether this Court should exercise its power of judicial
review and decide the petitions at bar on the merits.
I respectfully submit that the Court should not avoid its constitutional duty to decide
the petitions at bar on their merit in view of their transcendental importance. The
subject of review in the petitions at bar is the conduct of the peace process with
the MILF which culminated in the MOA-AD. The constitutionality of the conduct
of the entire peace process and not just the MOA-AD should go under the scalpel of
judicial scrutiny. The review should not be limited to the initialed MOA-AD for it is
merely the product of a constitutionally flawed process of negotiations with the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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