04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly MILF. Let us revisit the steps that led to the contested and controversial MOA-AD. Peace negotiations with the MILF commenced with the execution of ceasefire agreements. The watershed event, however, occurred in 2001, with the issuance of Executive Order No. 3[15] entitled "Defining Policy and Administrative Structure for Government's Comprehensive Peace Efforts." Government Peace Negotiating Panels were immediately constituted to negotiate peace with rebel groups, which included the MILF. Significantly, Executive Order No. 3 provides that in the pursuit of social, economic and political reforms, administrative action, new legislation or even constitutional amendments may be required.[16] Section 4 of Executive Order No. 3 states, viz: SECTION 4. The Six Paths to Peace. -- The components of the comprehensive peace process comprise the processes known as the "Paths to Peace". These component processes are interrelated and not mutually exclusive, and must therefore be pursued simultaneously in a coordinated and integrated fashion. They shall include, but may not be limited to, the following: a. PURSUIT OF SOCIAL, ECONOMIC AND POLITICAL REFORMS. This component involves the vigorous implementation of various policies, reforms, programs and projects aimed at addressing the root causes of internal armed conflicts and social unrest. This may require administrative action, new legislation or even constitutional amendments. xxxx c. PEACEFUL, NEGOTIATED SETTLEMENT WITH THE DIFFERENT REBEL GROUPS. This component involves the conduct of face-toface negotiations to reach peaceful settlement with the different rebel groups. It also involves the effective implementation of peace agreements. (Emphasis supplied) Executive Order No. 3, was later amended by E.O. No. 555,[17] and was followed by the Tripoli Peace Agreement of 2001. The Tripoli Peace Agreement of 2001 became the basis for several rounds of exploratory talks between the GRP Peace Panel and the MILF. These exploratory talks resulted in the signing of the Joint Statements of the GRP and MILF peace panels to affirm commitments that implement the Tripoli Agreement of 2001, including the ancestral domain aspect. The issuance of the Joint Statements culminated in the initialing of the MOA-AD.[18] It is crystal clear that the initialing of the MOA-AD is but the evidence of the government peace negotiating panel's assent to the terms contained therein. If the MOA-AD is constitutionally infirm, it is because the conduct of the peace process itself is flawed. It is the constitutional duty of the Court is to determine whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the government peace negotiating panel in the conduct of the peace negotiations with the MILF. The Court should not restrict its review on the validity of the MOA-AD which is but the end product of the flawed conduct of the peace negotiation with the MILF. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 68/203

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