04/02/2020
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The use of municipal law rules for international judicial and arbitral procedure has
been more common and more specific than any other type of application.[13] The
International Court of Justice has accepted res judicata as applicable to international
litigation.[14] The following observations by leading commentators on international
law should give pause for thought:
It is clear that, in general, judicial decisions (of national tribunals) in
cases involving international law, domestic as well as international, can
and will be cited for their persuasiveness by parties to an international
legal dispute, the decisions of courts and other tribunals often being seen
to affirm or announce a treaty-based rule or interpretation, a tenet of
customary international law, or a general principle of law, international or
domestic. Judicial decisions are seen as trustworthy evidence of
what the law really is on a given subject; and this point is verified by
most of the leading international adjudicative and arbitral decisions that
have helped to lay the foundations of, and otherwise articulate, the
substance of international law.[15] (Words in parenthesis and emphasis
supplied)
Thus, in my earlier submission, I stated that should this matter ever be referred to
an international tribunal for adjudication, it is highly probable that a ruling based on
mootness alone without more would be taken as an indicative endorsement of the
validity of the MOA under Philippine law. That misimpression should be rectified for
purposes that transcend the ordinary adjudicative exercise, I stressed.
Firstly, is the MILF correct when it asserted that the MOA-AD may already be
considered as binding on the Philippine government?
Reference to the initialed but unsigned copy of the MOA-AD is useful.[16] There are
three distinct initials that appear at the bottom of each and every page of the 11page MOA-AD: that of Garcia and Esperon for the Philippine negotiating panel, and
that of Iqbal for the MILF. Page 11, the signature page, appears as follows:
IN WITNESS WHEREOF, the undersigned being the representatives of the
Parties hereby affix their signatures.
Done this 5th day of August, 2008 in Kuala Lumpur, Malaysia.
FOR THE GRP
FOR THE MILF
(unsigned)
RODOLFO C. GARCIA
Chairman
GRP Peace Negotiating Panel
(unsigned)
MOHAGHER IQBAL
Chairman}
MILF Peace Negotiating Panel
WITNESSED BY:
(unsigned)
DATUK OTHMAN BIN ABD RAZAK
Special Adviser to the Prime Minister
ENDORSED BY:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
143/203
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