04/02/2020
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(1) those which are self-executory or are immediately effective by the terms of the
MOA-AD alone, (2) those with a period or which are to be effective within a
stipulated time, and (3) those that are conditional or whose effectivity depends on
the outcome of a plebiscite.
Let us cast an eye on the self executory provisions of the MOA-AD which will
demolish the argument of the respondents that the issues in the petitions at bar are
not ripe for adjudication.
The MOA-AD provides that "the Parties affirm that the core of the BJE shall
constitute the present geographic area of the ARMM, including the municipalities of
Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del
Norte that voted for inclusion in the ARMM during the 2001 plebiscite."
The MOA-AD then proceeds to enumerate the powers that the BJE possesses within
its area. The BJE is granted powers of governance which it can exercise without need
of amendments to be made to the Constitution or existing law or without imposing
any condition whatsoever.
The MOA-AD also gives the BJE the unconditional right to participate in international
meetings and events, e.g., ASEAN meetings and other specialized agencies of the
United Nations.[25] It grants BJE the right to participate in Philippine official missions
and delegations that are engaged in the negotiation of border agreements or
protocols for environmental protection, equitable sharing of incomes and revenues,
in addition to those of fishing rights.[26] Again, these rights are given to the BJE
without imposing prior conditions such as amendments to the Constitution, existing
law or the enactment of new legislation.
Next, let us go to provisions of the MOA-AD with a period which will further
demonstrate the lack of merit of respondents' posture that the petitions at bar are
not ripe for adjudication. The MOA-AD provides that "without derogating from the
requirements of prior agreements[27], the Government stipulates to conduct and
deliver, within twelve (12) months
following the signing of the Memorandum of Agreement on Ancestral Domain, a
plebiscite covering the areas as enumerated in the list and depicted in the map as
Category A x x x the Parties shall endeavor to complete negotiations and resolve all
outstanding issues on the Comprehensive Compact within fifteen (15) months from
signing of the MOA-AD."[28] Once more, it is evident that no conditions were
imposed with respect to the conduct of a plebiscite within twelve months following
the signing of the MOA-AD. The provision starkly states that within twelve months,
the government will conduct and deliver a plebiscite covering areas under Category
A of the MOA-AD.
We now come to respondents' argument on mootness. In determining whether a
case has been rendered moot, courts look at the development of events to ascertain
whether the petitioner making the constitutional challenge is confronted with a
continuing harm or a substantial potential of harm. Mootness is sometimes
viewed as "the doctrine of standing set in a time frame: The requisite personal
interest must exist at the commencement of the litigation and must continue
throughout its existence."[29] Stated otherwise, an actual controversy must be
extant at all stages of judicial review, not merely at the time the complaint is filed.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
70/203
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