04/02/2020
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principles on its extent and limits. By doing so, a repetition of the unfortunate events
which transpired in the wake of the MOA-AD can hopefully be avoided.
There is also the possibility that an agreement with terms similar to the MOA-AD
may again be drafted in the future. Indeed, respondents cannot prevent this Court
from determining the extent of the GRP panel’s authority by the simple expedient of
claiming that such an agreement will not be signed or that the peace panel will be
dissolved. There will be no opportunity to finally the settle the question of whether a
negotiating panel can freely stipulate on terms that transgress our laws and our
Constitution. It can thus be said that respondents’ act of negotiating a peace
agreement similar to the MOA-AD is capable of repetition yet evading review. [2]
The ultimate issue in these cases is whether the GRP panel went beyond its powers
when it negotiated terms that contravene the Constitution. It is claimed that the
panel stipulated on matters that were outside of its authority and under the
exclusive prerogative of Congress. In other words, the constitutional as well as legal
limits of executive authority in the drafting of a peace agreement have been
squarely put in issue. This involves a genuine constitutional question that the Court
has the right and duty to resolve.
Respondents insist that it is not necessary to discuss the constitutionality of each
provision of the MOA-AD, because the latter is but a codification of consensus points
which creates no rights and obligations between the parties. The MOA-AD allegedly
has no legal effects, even if it is signed, because it is merely a preliminary
agreement whose effectivity depends on subsequent legal processes such as the
formulation of a Comprehensive Compact, the holding of a plebiscite, the
amendment of laws by Congress as well as constitutional amendments.
Consequently, it would be premature for the Court to pass upon the constitutional
validity of the MOA-AD since it is neither self-executory nor is it the final peace
agreement between the GRP and MILF.
A reading of the MOA-AD shows that its pertinent provisions on the basic concepts,
territory, resources and governance of the Bangsamoro Juridical Entity (BJE) have
been made to depend for its effectivity on “changes to the legal framework.”
Paragraph 7 on the provisions on Governance states:
7. The parties agree that the mechanisms and modalities for the actual
implementation of this MOA-AD shall be spelt out in the Comprehensive
Compact to mutually take such steps to enable it to occur effectively.
Any provisions of the MOA-AD requiring amendments to the existing legal
framework shall come into force upon signing of a Comprehensive
Compact and upon effecting the necessary changes to the legal
framework with due regard to non-derogation of prior agreements and
within the stipulated timeframe to be contained in the Comprehensive
Compact.
The provisions of the MOA-AD which require “amendments to the existing legal
framework” include practically all the substantive terms of the document. It is not
difficult to foresee that the material provisions of the MOA-AD will require either an
amendment to the Constitution or to existing laws to become legally effective. Some
of the required constitutional or statutory amendments are the following:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
82/203
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