04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly intention is to constitute the present MILF armed fighters into the BJE's internal security force. In effect, there will be no disarmament of the MILF even after the signing of the comprehensive peace agreement. The BJE can deploy its internal security force not only within the "core"[100] BJE territory, but also outside of the core BJE territory, that is, in ancestral lands of the Lumads that are located in Christian provinces, cities and municipalities. Under paragraphs 1 and 3 on Concepts and Principles of the MOA-AD, the Lumads and all their ancestral lands in Mindanao, Sulu and Palawan are made part of the BJE. Thus, the MOA-AD even allows the MILF to station permanently its MILF armed fighters within Christian provinces, cities and municipalities outside of the core BJE territory. Duty to Preserve Territorial Integrity and National Sovereignty Under the United Nations Declaration on the Rights of Indigenous Peoples, which is one of the documents referred to in the Terms of Reference of the MOA-AD, the right to self-determination of indigenous peoples does not mean a right to dismember or impair the territorial integrity or political unity of a sovereign and independent State like the Philippines. Article 46 of the Declaration states: Article 46 1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States. (Emphasis supplied) Under international law, every sovereign and independent State has the inherent right to protect from dismemberment its territorial integrity, political unity and national sovereignty. The duty to protect the territorial integrity, political unity and national sovereignty of the nation in accordance with the Constitution is not the duty alone of the Executive branch. Where the Executive branch is remiss in exercising this solemn duty in violation of the Constitution, this Court, in the appropriate case as in the present petitions, must step in because every member of this Court has taken a sworn duty to defend and uphold the Constitution. A Final Word No one will dispute that the nation urgently needs peace in Mindanao. The entire nation will truly rejoice if peace finally comes to Mindanao. The Executive branch must therefore continue to pursue vigorously a peaceful settlement of the Moro insurgency in Mindanao. No nation can progress and develop successfully while facing an internal armed conflict.[101] However, any peace agreement that calls for amendments to the Constitution, -whatever the amendments may be, including the creation of the BJE -- must be subject to the constitutional and legal processes of the Philippines. The constitutional power of Congress to propose amendments to the Constitution, and the constitutional power of the people to approve or disapprove such amendments, elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 106/203