04/02/2020
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economic and trade agreements with other countries;
j) The Bangsamoro homeland will have to be exempted from the power of
the President to exercise general supervision of all local governments
under Section 4, Article X[20] of the Constitution because the MOA-AD
does not provide for any such stipulation;
k) Since the BJE will have its own laws, it is not subject to limitations
imposed by Congress on its taxing powers under Section 5, Article X[21]
of the Constitution;
l) R.A. No. 6734 and R.A. No. 9054, or the ARMM Organic Acts, have to
be amended to allow for the existing ARMM to be included within the
Bangsamoro homeland to be governed by the BJE;
m) The Bangsamoro people will have to be exempted from the application
of R.A. No. 8371 or the Indigenous Peoples Rights Act (IPRA) insofar as
the MOA-AD declares the Bangsamoro territory as ancestral domain and
recognizes in the Bangsamoro people rights pertaining to indigenous
peoples under the IPRA;
n) Existing laws which regulate mining rights and the exploitation of
natural resources will also have to exempt the BJE from its coverage, as
the MOA-AD grants the BJE the power to utilize, develop and exploit
natural resources within its territory as well as the authority to revoke or
grant forest concessions, timber licenses and mining agreements; and
o) The BJE will also have to be exempted from existing agrarian statutes
as the BJE is empowered to enact its own agrarian laws and program
under paragraph 2.e[22] on Resources.
From the foregoing, it is clear that the substantive provisions of the MOA-AD directly
contravene the fundamental law and existing statutes. Otherwise, it would not be
necessary to effect either statutory or constitutional amendments to make it
effective. Moreover, as correctly pointed out by petitioners, the GRP panel exceeded
its authority when it categorically undertook to make these statutory and
constitutional changes in order to fully implement the MOA-AD.
Paragraph 7 of the MOA-AD on Governance states that provisions therein which
require amendments to the existing legal framework shall come into force upon
signing of the Comprehensive Compact and upon effecting the necessary changes to
the legal framework. These “necessary changes” shall be undertaken “with due
regard to non-derogation of prior agreements and within the stipulated
timeframe to be contained in the Comprehensive Compact.”
The language of the aforesaid paragraph 7 on Governance, in relation to paragraph
2 (d) on Territory, indicates that the GRP panel committed itself to cause the
necessary changes to the legal framework within a stipulated timeframe for the
MOA-AD to become effective. Paragraph 2(d) on Territory reads:
2. Toward this end, the Parties enter into the following stipulations:
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