04/02/2020
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Significantly, when queried during the oral arguments on the non-inclusion of the
MILF, the petitioners feebly explained that first, they could not implead the MILF
because they did not know where it could be served with summons; and second,
they feared that impleading the MILF would be futile as the group does not
acknowledge the Court's jurisdiction over it.
The importance of joining the MILF in this case cannot be over-emphasized. While
the non-joinder of an indispensable party will generally not deprive the court of
jurisdiction over the subject matter, the only prejudice to the winning party being
the non-binding effect of the judgment on the unimpleaded party, the situation at
bar is different. Here, the unimpleaded party is a party to the proposed MOA-AD no
less and the prospective agreement sought to be annulled involves ONLY two
parties--the impleaded respondent GRP and the MILF. The obvious result is that the
Court would not be able to fully adjudicate and legally decide the case without the
joinder of the MILF--the other indispensable party to the agreement. The reason is
simple. The Court cannot nullify a prospective agreement which will affect and
legally bind one party without making said decision binding on the other contracting
party. Such exercise is not a valid, or at least an effective, exercise of judicial power
for it will not peremptorily settle the controversy. It will not, in the normal course of
things, write finis to a dispute. [4] Such consequent legal aberration would be the
natural result of the non-joinder of MILF. A court should always refrain from
rendering a decision that will bring about absurdities or will infringe Section 1, Article
8 of the Constitution which circumscribes the exercise of judicial power.
Prematurity and Mootness
The MOA-AD is but a proposal on defined consensus points. The agreement has
remained and will remain a mere proposal as the GRP has put off its signing
permanently.[5] The parties to the MOA do not have, in short, the equivalent of, or
what passes as, a perfected and enforceable contract. As things stand, the line
dividing the negotiation stage and the execution stage which would have otherwise
conferred the character of obligatoriness on the agreement is yet to be crossed. In a
very real sense, the MOA-AD is not a document, as the term is juridically
understood, but literally a piece of paper which the parties cannot look up to as an
independent source of obligation, the binding prestation to do or give and the
corollary right to exact compliance. Yet, the petitioners would have the Court nullify
and strike down as unconstitutional what, for all intents and purposes, is a nonexistent agreement. Like a bill after it passes third reading or even awaiting the
approval signature of the President, the unsigned draft MOA-AD cannot plausibly be
the subject of judicial review, the exercise of which presupposes that there is before
the court an actual case or, in fine, a justiciable controversy ripe for adjudication. A
justiciable controversy involves a definite and concrete dispute touching on the legal
relations of parties who are pitted against each other due to their demanding and
conflicting legal interests.[6] And a dispute is ripe for adjudication when the act being
challenged has had direct adverse effect on the person challenging it and admits of
specific relief through a decree that is conclusive in character. As aptly observed in
Tan v. Macapagal,[7]for a case to be considered ripe for adjudication, it is a
prerequisite that something had been accomplished by either branch of government
before a court may step in. In the concrete, the Court could have entered the picture
if the MOA-AD were signed. For then, and only then, can we say there is a
consummated executive act to speak of.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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