04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly During the oral arguments, Atty. Sedfrey Candelaria, principal counsel to the GRP Panel, when asked about this statement, did not dispute that MILF Chairman Murad made the statement. Atty. Candelaria simply told the Court that MILF Chairman Murad "did not sit in the negotiating table."[11] Clearly, under the MOA-AD, the Executive branch assumes the mandatory obligation to amend the Constitution to conform to the MOA-AD. During the oral arguments, Atty. Sedfrey Candelaria admitted that the implementation of the MOAAD requires "drastic changes" to the Constitution.[12] As directed by Justice Antonio T. Carpio, Atty. Candelaria undertook to submit to the Court a listing of all provisions in the Constitution that needed amendment to conform to the MOA-AD. [13] In their Memorandum dated 24 September 2008, respondents stated: "In compliance with the said directive, the constitutional provisions that may be affected, as relayed by Atty. Sedfrey Candelaria, are the following -- Sections 1, 5, 18, 20 and 21 of Article X under Local Autonomy."[14] This listing is grossly incomplete. A more thorough scrutiny shows that the "drastic changes" are amendments to the following provisions of the Constitution: 1. Article 1 on the National Territory.[15] During the oral arguments, Atty. Sedfrey Candelaria stated that this provision would have to be amended to conform to the MOA-AD.[16] 2. Section 3, Article II on the role of the Armed Forces of the Philippines as "protector of the people and the State."[17] Under the MOA-AD, the AFP's role is only to defend the BJE against external aggression.[18] 3. Article III on the Bill of Rights. The MOA-AD does not state that the Bill of Rights will apply to the BJE. The MOA-AD refers only to "internationally recognized human rights instruments"[19] such as the United Nations Universal Declaration on Human Rights, International Humanitarian Law, and the United Nations Declaration on the Rights of Indigenous Peoples. No reference is made to the Bill of Rights or even to the Constitution. 4. Section 1, Article VI on the Legislative Department.[20] Legislative power shall no longer be vested solely in the Congress of the Philippines. Under the MOAAD, the BJE shall "build, develop and maintain its own institutions" [21] like a legislature whose laws are not subordinate to laws passed by Congress. [22] 5. Section 1, Article VII on executive power.[23] Executive power shall no longer be vested exclusively in the President of the Philippines. The BJE shall have its own Chief Executive who will not be under the supervision of the President.[24] 6. Section 16, Article VII on the President's power to appoint certain officials, including military officers from the rank of colonel or naval captain, with the consent of the Commission on Appointments.[25] All public officials in the BJE, including military officers of any rank in the BJE internal security force, will be appointed in accordance with the BJE's own basic law or constitution. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 94/203