04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest involved; third, when the constitutional issue raised requires formulation of controlling principles to guide the bench, the bar and the public; or fourth, when the case is capable of repetition yet evasive of review.[31] As to the first exception, there is no violation of the Constitution that will justify judicial review despite mootness, because the MOA-AD has not been signed - and will not be signed. The eminent Justice Antonio T. Carpio, in his separate opinion, even as he expressed fears of numerous "drastic changes" in the Constitution, acknowledges that these will take place only IF the MOA-AD will be signed. The scholarly ponencia concludes with the finding that the MOA-AD is unconstitutional, obviously referring to its provisions. So does the separate opinion of Justice Ruben T. Reyes. But, to repeat, the MOA-AD is, as of today, non-existent. Thus, as it is, these dreaded constitutional infractions are, at best, anticipatory, hypothetical or conjectural. Neither will the second exception apply. The issue of paramount public interest will arise only IF the MOA-AD is signed. With the Peace Panel dissolved, and with the unequivocal pronouncement of the President that the MOA-AD will not be signed, there is no occasion to speak of the exceptional or extraordinary character of the controversy as would render the case ripe for resolution and susceptible of judicial determination. Given the events that led to the issuance by the Court of a TRO in order to stop the signing of the MOA-AD in Malaysia on August 5, 2008, it would appear that there is a need for the Court to formulate controlling principles, precepts and rules to guide the bench, the bar and the public - particularly a peace negotiating panel - in future peace talks. However, a scrutiny of the factual antecedents of this case reveals that no such imperative exists. It is well to note that Executive Order No. 3, which created the GRP Peace Panel, explicitly identifies the Constitution as the basic legal framework for the peace negotiations. It states that the GRP Peace Panel was created with the primary objective to attain "a just, comprehensive and enduring peace under a rule of law and in accordance with constitutional processes,"[32] with "a need to further enhance the contribution of civil society to the comprehensive peace process by institutionalizing the people's participation."[33] The same Executive Order provides sufficient standards to guide the GRP Peace Panel in the performance of its avowed work. Then, there is the March 1, 2001 Memorandum of Instructions from the President, followed by the Memorandum of Instructions dated September 8, 2003. Common to the instructions is the provision that the negotiation shall be conducted "in accordance with the mandate of the Constitution, the Rule of Law, and the Principles of Sovereignty and Territorial Integrity of the Republic of the Philippines." These are adequate guidelines for the GRP Peace panel; it would be superfluous for the Court to issue guidelines which, presumably, will be similar to the ones already in existence, aside from possibly trenching on the constitutional principle of separation of powers. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 196/203