04/02/2020
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implying such capricious and whimsical exercise of judgment
as is equivalent to lack of jurisdiction, or, in other words where
the power is exercised in an arbitrary or despotic manner.[54] The definition has
been expanded because now, grave abuse of discretion exists when there is a
contravention of the Constitution, the law and jurisprudence.[55]
Negotiate within the Constitutional bounds
During the American Civil War, the Union had to win the Confederates and bring
them back to the fold. It was the bloodiest war the United States ever had. But what
made the war most pathetic is that it was fought by countrymen, people who called
themselves brothers. With the recent hostilities in the South, I hope the day will not
come for a full-scale civil war in this land we all proudly call Home. It is our solemn
duty to avert that war.
The aborted MOA-AD is a setback to the government. But the setback is only
temporary, not a permanent one. The path to peace is long. But it can be travelled.
On one hand, the government should be commended in its effort to bring lasting
peace to the South. On the other hand, it needs to be reminded that any negotiation
it enters into, even in the name of peace, should be within the parameters of the
Constitution.
WHERFORE, I vote to GRANT the petitions and petitions-in-intervention and to
strike down the MOA-AD as UNCONSTITUTIONAL.
[1] TSN, August 29, 2008, p. 14. "The Executive Department has decided and [is]
stating for the record that the MOA-AD will not be signed in its present form or in
any other form."
[2] Annex "A"; Compliance of the Office of the Solicitor General September 1, 2008.
"The MOA that was originally presented was a step in crafting a final
peace agreement. By design, any MOA as part of a final peace agreement
undergo a thorough review as part of our constitutional processes since
the MOAs will be part of the enabling law by Congress and a plebiscite to
implement the entire agreement. The action by the Supreme Court is
consistent with that process. Moving forward, we are committed to
securing an agreement that is both constitutional and equitable because
that is the only way that long lasting peace can be assured.
"No matter what the Supreme Court ultimately decides the government
will not sign the MOA. In light of the recent violent incidents committed
by MILF Lawless Goups, the President has refocused all peace talks from
one that is centered on dialogues with rebels to one authentic dialogues
with the communities, with DDR as the context of our engagements with
all armed groups." (Emphasis supplied)
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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