04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly I join the majority opinion and concur in the views expressed in the ponencia. More particularly, I register my agreement in prohibiting respondents and their agents from signing and executing the Memorandum of Agreement on Ancestral Domain (MOA-AD), or any similar instruments. The said MOA-AD contains provisions which are repugnant to the Constitution and which will result in the virtual surrender of part of the Philippines’ territorial sovereignty, which our people has spent decades fighting for and which scores of men in uniform have valiantly defended. While the ponencia exhaustively discusses the grounds upon which the Court must invalidate and strike down the many questionable provisions of the MOA-AD, I wish to add some important points which, I hope, will serve to further highlight and underscore the serious constitutional flaws in the MOA-AD. Only after certain quarters took notice and raised a clamor, and only after this Court has issued a temporary restraining order enjoining the signing of the MOA-AD, did respondents, through the Office of the Solicitor General and the Executive Secretary, openly declare that the MOA-AD or any similar instrument will not be signed by the GRP. On this basis, respondents assert that the petitions have become moot and academic. This, to my mind, was a mere afterthought. For were it not for the timely exposure of the MOA-AD in the public light, the signing thereof would have gone ahead as planned. Furthermore, respondents’ protestations that the petitions have become moot and academic in view of the disclosure and non-signing of the MOA-AD is unavailing, as it is well-recognized that mootness, as a ground for dismissal of a case, is subject to certain exceptions. In David v. Pres. Arroyo, [1] we held that the Court will decide cases, otherwise moot and academic, if: (1) there is a grave violation of the Constitution; (2) the situation is exceptional in character and paramount public interest is involved; (3) the constitutional issues raised requires formulation of controlling principles to guide the bench, the bar and the public; and (4) the case is capable of repetition yet evading review. To my mind, all of these circumstances are present in the cases at bar. It is beyond cavil that these petitions involve matters that are of paramount public interest and concern. As shown by recent events, the MOA-AD has spawned violent conflicts in Mindanao and has polarized our nation over its real import and effects. The controversy over the agreement has resulted in unnecessary loss of lives, destruction of property and general discord in that part of our country. Strong reasons of public policy and the importance of these cases to the public demands that we settle the issues promptly and definitely, brushing aside, if we must, technicalities of procedure. The petitions also allege that the GRP panel committed grave violations of the Constitution when it negotiated and agreed to terms that directly contravene the fundamental law. The basic issue which emerged from all the assertions of the parties is not only whether the MOA-AD should be disclosed or signed at all but, more significantly, whether the GRP panel exceeded its powers in negotiating an agreement that contains unconstitutional stipulations. Considering that it has been widely announced that the peace process will continue, and that a new panel may be constituted to enter into similar negotiations with the MILF, it is necessary to resolve the issue on the GRP panel’s authority in order to establish guiding and controlling elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 81/203