04/02/2020
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[20] Bowen v. Roy, 476 U.S. 693, 722 (1976).
[21] 523 U.S. 726 (1998).
[22] Supra, note 18 at 25.
[23] Id. at 78.
[24] Memorandum for the Respondents Government of the Republic of the Philippines
Peace Panel on the Ancestral Domain, 26 September 2008, p. 16.
[25]Id., Resources, No. 4(b), p. 8.
[26] Memorandum of Agreement on Ancestral Domain Aspect of the GRP-MILF Tripoli
Agreement of Peace of 2001, Territory, No. 2(f), p. 4.
[27] The Agreement for General Cessation of Hostilities dated July 18, 1997 Between
the GRP and the MILF, and its Implementing Administrative and Operational
Guidelines; The General Framework of Agreement of Intent Between the GRP and
the MILF dated August 27, 1998; The Agreement on the General Framework for the
Resumption of Peace Talks Between the GRP and the MILF dated March 24, 2001;
The Tripoli Agreement on Peace Between the GRP and the MILF dated June 22,
2001; The Tripoli Agreement Between the GRP and the Moro National Liberation
Front (MNLF) dated December 23, 1976 and the Final Agreement on the
Implementation of the 1976 Tripoli Agreement Between the GRP and the MNLF dated
September 2, 1996; Republic Act No. 6734, as amended by R.A. 9054, otherwise
known as "An Act to Strengthen and Expand the Autonomous Region in Muslim
Mindanao (ARMM)"; ILO Convention No. 169, in correlation to the UN Declaration on
the Rights of the Indigenous Peoples, and Republic Act No. 8371 otherwise known as
the Indigenous Peoples Rights Act of 1997, the UN Charter; the UN Universal
Declaration on Human Rights, International Humanitarian Law (IHL), and
internationally recognized human rights instruments.
[28] Memorandum of Agreement on Ancestral Domain, Territory, 2(d), p. 3.
[29] United States parole Commission v. Geraghty, 445 U.S. 388, 397 (1980)
quoting Henry Monaghan, "Constitutional Adjudication: The Who and When," 82 Yale
L.J. 1363, 1384 (1973).
[30] Preiser v. Newkirk, 422 U.S. 395, 401-02 (1975).
[31] Memorandum of Petitioners-Intervenors Franklin Drilon and Adel Tamano,
September 18, 2008, p. 2.
[32] Id. at 13.
[33] David v. Macapagal-Arroyo, G.R. No. 171396, 489 SCRA 160, May 3, 2006.
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