04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly violated not only the Constitution, Article V, Section 2 of RA No. 6734,[40] but also the unitary system of government of the Republic of the Philippines. Sixth. Article 1, Section 1 of the 1987 Constitution provides: The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Without the benefit of any factual determination, the MOA-AD dismembers parts of Mindanao, turning it into a geographical dalmatian. It creates a Bangsamoro Homeland with a specified land mass, maritime, terrestrial, fluvial and alluvial dominions, (with definite internal[41] and territorial[42] waters), aerial domain, atmospheric space,[43] and even distinct "territorial waters" within the RP baselines. [44] Seventh. The MOA-AD grants to the BJE plenary power to undo executive acts and delegate to the BJE the authority to revoke existing proclamations, issuances, policies, rules and guidelines, forest concessions, timber licenses, contracts or agreements in the utilization of natural resources, mining concessions, land tenure instruments.[45] This constitutes an undue delegation of executive power. The President may delegate its executive power only to local government units or an administrative body attached to the executive department.[46] The delegation of power to the BJE, on the other hand, is delegation of executive power to an entirely different juridical entity that is not under its supervision or control. That is impermissible. Eighth. The MOA-AD empowers the BJE to build, develop, and maintain its own institutions. This includes civil service, electoral, financial and banking institutions, education, legislation, legal, economic, police, internal security force, and judicial system.[47] This is anathema to several provisions of the Constitution, namely: (1) the authority of the Commission on Elections to administer all election laws in the Philippines;[48] (2) that there shall only be one police force, national in scope to be administered and controlled by the National Police Commission;[49] (3) that the defense of the Republic shall belong exclusively to the Armed Forces of the Philippines;[50] (4) that judicial power shall be vested in one Supreme Court and in such other inferior courts as may be established by law;[51] (5) that there shall only be one independent central monetary authority, the Bangko Sentral ng Pilipinas;[52] and (6) that there shall be one independent economic planning agency.[53] All told, respondents appear to have committed grave abuse abuse of discretion in negotiating and initialing the MOA-AD. Grave abuse of discretion has been traditionally understood as elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 168/203