04/02/2020
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The Executive branch usurps the sole discretionary power of Congress to propose
amendments to the Constitution as well as the exclusive power of the sovereign
people to approve or disapprove such proposed amendments. Sections 1 and 4,
Article XVII of the Constitution provide:
Section 1. Any amendment to, or revision of, this Constitution may be
proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
Section 4. Any amendment to, or revision of, this Constitution under
Section 1 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later
than ninety days after the approval of such amendment or revision.
Indisputably, the Executive branch has no power to commit to the MILF that the
Constitution shall be amended to conform to the MOA-AD. Such commitment is a
grave abuse of discretion amounting to lack or excess of jurisdiction.[3]
The MOA-AD states, in paragraph 2(a) on Territory, that "the Parties to this
Agreement commit themselves to the full and mutual implementation of
this framework agreement." The MOA-AD further states, in paragraph 7 on
Governance, that:
Any provisions of the MOA on Ancestral Domain requiring amendments to
the existing legal framework shall come into force upon signing of a
comprehensive compact and upon effecting the necessary changes to the
legal framework with due regard to non derogation of prior
agreements and within the stipulated timeframe to be contained in the
Comprehensive Compact. (Emphasis supplied)
The Executive branch commits to implement fully the MOA-AD by amending the
"existing legal framework," impliedly referring to the Constitution. The Executive
branch further commits that such constitutional amendments shall not
derogate from prior GRP-MILF agreements. At the time of the constitutional
amendments, the MOA-AD will be a prior agreement, along with several other GRPMILF agreements.[4]
The phrase "due regard to non-derogation of prior agreements" means there shall be
no deviation from previous GRP-MILF agreements. The word "due" means a right to
something, as in something that is "due" a person. This is the same usage of the
word "due" in the phrase "due process of law," which means one's right to legal
process. The word "regard" means attention or observance. "Non-derogation" means
no deviation. Thus, "due regard to non-derogation of prior agreements" simply
means observance of what the MILF is entitled under previous GRP-MILF
agreements, to which there shall be no deviation.
The phrase "due regard" means mandatory observance and not discretionary
observance. When one speaks of "due regard for the law," one intends mandatory
observance of the law. The same is true for "due regard to non-derogation of prior
agreements," which means mandatory observance of non-derogation of previous
agreements. The following pronouncements of the Court reveal the mandatory
nature of the phrase "due regard":
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
92/203
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