04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly implementation of the MOA-AD by effecting changes to the legal framework. Respondents cannot deny this by saying that the parties further undertook to negotiate a Comprehensive Compact or a final peace agreement. Although it may be conceded that the parties have yet to enter into a Comprehensive Compact subsequent to the signing of the MOA-AD, the nature of this compact shows that the MOA-AD was intended as the controlling document for the essential terms of the Comprehensive Compact. Paragraphs 3 and 7 of the MOA-AD provisions on Governance invariably describe the Comprehensive Compact as merely embodying details for the effective enforcement and actual implementation of the MOAAD. Thus, the Comprehensive Compact will simply lay down the particulars of the parties’ final commitments, as expressed in the assailed agreement. Consequently, paragraph 7 on Governance in relation to paragraph 2 (a) on Territory contradict respondents’ assertion that the MOA-AD is merely a preparatory agreement devoid of any real effects. The language employed in these provisions do not support respondents’ contention that the MOA-AD is just a reference for future negotiations or consists of mere proposals that are subject to renegotiation. The words used in these provisions are categorical in stating that the GRP panel committed itself to the full implementation of the MOA-AD by effecting changes to the legal framework within a stipulated timeframe. In other words, these are definite propositions that would have to be undertaken under the agreement of the parties. The foregoing discussion demonstrates that the MOA-AD is not merely a draft of consensus points that is subject to further negotiations between the GRP panel and the MILF. The language of the MOA-AD shows that the GRP panel made a real and actual commitment to fully implement the MOA-AD by effecting the necessary amendments to existing laws and the Constitution. The GRP panel’s obligation to fully implement the provisions on Territory and to effect these “necessary changes” is in itself not dependent on any statutory or constitutional amendment. It is only subject to a timeframe that will be specified in the Comprehensive Compact, per stipulation of the parties. At this point, it is worth noting that the MOA-AD cannot even be subjected to subsequent legal processes, such as a plebiscite or statutory and constitutional amendments. The MOA-AD cannot be validated by any of these means considering that the GRP panel does not even have the power to make these legal processes occur. This is because the panel is not authorized to commit to statutory and constitutional changes to fully implement the MOA-AD. Thus, it is not legally possible to undertake these legal processes under the circumstances provided in the agreement. To emphasize, the GRP panel had neither power nor authority to commit the government to statutory and constitutional changes. The power to amend laws and to cause amendments or revisions to the Constitution belongs to Congress and, to a certain extent, the people under a system of initiative and referendum. Only Congress and the people have the competence to effect statutory and constitutional changes in the appropriate manner provided by law. The GRP panel, as a mere organ of the Executive branch, does not possess any such prerogative. In the matter of legislation, it is settled that the power of Congress under Article VI, Section 1[24] of the Constitution is plenary and all-encompassing. The legislature alone determines when to propose or amend laws, what laws to propose or amend, elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 86/203

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