04/02/2020
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I do not think we are afraid that there will be another OMA in the making.
[132] (Emphasis supplied)
The imperative of a public consultation, as a species of the right to information, is
evident in the "marching orders" to respondents. The mechanics for the duty to
disclose information and to conduct public consultation regarding the peace agenda
and process is manifestly provided by E.O. No. 3.[133] The preambulatory clause of
E.O. No. 3 declares that there is a need to further enhance the contribution of civil
society to the comprehensive peace process by institutionalizing the people's
participation.
One of the three underlying principles of the comprehensive peace process is that it
"should be community-based, reflecting the sentiments, values and principles
important to all Filipinos" and "shall be defined not by the government alone, nor by
the different contending groups only, but by all Filipinos as one community."[134]
Included as a component of the comprehensive peace process is consensus-building
and empowerment for peace, which includes "continuing consultations on both
national and local levels to build consensus for a peace agenda and process, and the
mobilization and facilitation of people's participation in the peace process."[135]
Clearly, E.O. No. 3 contemplates not just the conduct of a plebiscite to
effectuate "continuing" consultations, contrary to respondents' position
that plebiscite is "more than sufficient consultation."[136]
Further, E.O. No. 3 enumerates the functions and responsibilities of the PAPP, one of
which is to "[c]onduct regular dialogues with the National Peace Forum (NPF) and
other peace partners to seek relevant information, comments, recommendations as
well as to render appropriate and timely reports on the progress of the
comprehensive peace process."[137] E.O. No. 3 mandates the establishment of the
NPF to be "the principal forum for the PAPP to consult with and seek advi[c]e from
the peace advocates, peace partners and concerned sectors of society on both
national and local levels, on the implementation of the comprehensive peace
process, as well as for government[-]civil society dialogue and consensus-building
on peace agenda and initiatives."[138]
In fine, E.O. No. 3 establishes petitioners' right to be consulted on the peace
agenda, as a corollary to the constitutional right to information and
disclosure.
PAPP Esperon committed grave abuse of discretion
The PAPP committed grave abuse of discretion when he failed to carry out the
pertinent consultation. The furtive process by which the MOA-AD was designed and
crafted runs contrary to and in excess of the legal authority, and amounts to a
whimsical, capricious, oppressive, arbitrary and despotic exercise thereof.
The Court may not, of course, require the PAPP to conduct the consultation in a
particular way or manner. It may, however, require him to comply with the law and
discharge the functions within the authority granted by the President.[139]
Petitioners are not claiming a seat at the negotiating table, contrary to respondents'
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