04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly autonomy to the Muslim areas of Mindanao? MR. OPLE: Yes.(Emphasis supplied)[38] Clearly, the mandate for the creation of the ARMM is derived principally from the 1987 Constitution. Thereafter, ARRM was given life by Republic Act No. 6734,[39] the Organic Act of the ARMM. Our executive officials were guided by and did not stray away from these legal mandates at the negotiation and execution of the Peace Agreement with the MNLF in 1996. Without ifs and buts, its Whereas Clauses affirmed our sovereignty and territorial integrity and completely respected our Constitution.[40] In stark contrast, the peace process with the MILF draws its mandate principally from Executive Order No. 3. This executive order provided the basis for the execution of the Tripoli Agreement of 2001 and thereafter, the MOA-AD. During the whole process, the government peace negotiators conducted themselves free from the strictures of the Constitution. They played fast and loose with the do's and dont's of the Constitution. They acted as if the grant of executive power to the President allows them as agents to make agreements with the MILF in violation of the Constitution. They acted as if these violations can anyway be cured by committing that the sovereign people will change the Constitution to conform with the MOA-AD. They forgot that the Constitution grants power but also sets some impotence on power. IV. The Exercise of Executive Power is Subject to the Constitution Clearly, the respondents grossly misunderstood and patently misapplied the executive powers of the President. The MILF problem is a problem of rebellion penalized under the Revised Penal Code. [41] The MILF is but a rebel group. It has not acquired any belligerency status. The rebellion of the MILF is recognized expressly by E.O. No. 3[42] as well as by E.O. No. 555.[43] The President's powers in dealing with rebellion are spelled out in Article VII, section 18 of the Constitution, viz: The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 74/203

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents