04/02/2020
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Comprehensive Compact. As will be discussed later, much of the present
controversy hangs on the legality of this provision.
The BJE is granted the power to build, develop and maintain its own institutions
inclusive of civil service, electoral, financial and banking, education, legislation, legal,
economic, police and internal security force, judicial system and correctional
institutions, the details of which shall be discussed in the negotiation of the
comprehensive compact.
As stated early on, the MOA-AD was set to be signed on August 5, 2008 by Rodolfo
Garcia and Mohagher Iqbal, Chairpersons of the Peace Negotiating Panels of the GRP
and the MILF, respectively. Notably, the penultimate paragraph of the MOA-AD
identifies the signatories as "the representatives of the Parties," meaning the GRP
and MILF themselves, and not merely of the negotiating panels.[53] In addition, the
signature page of the MOA-AD states that it is "WITNESSED BY" Datuk Othman Bin
Abd Razak, Special Adviser to the Prime Minister of Malaysia, "ENDORSED BY"
Ambassador Sayed Elmasry, Adviser to Organization of the Islamic Conference (OIC)
Secretary General and Special Envoy for Peace Process in Southern Philippines, and
SIGNED "IN THE PRESENCE OF" Dr. Albert G. Romulo, Secretary of Foreign Affairs of
RP and Dato' Seri Utama Dr. Rais Bin Yatim, Minister of Foreign Affairs, Malaysia, all
of whom were scheduled to sign the Agreement last August 5, 2008.
Annexed to the MOA-AD are two documents containing the respective lists cum
maps of the provinces, municipalities, and barangays under Categories A and B
earlier mentioned in the discussion on the strand on TERRITORY.
IV. PROCEDURAL ISSUES
A. Ripeness
The power of judicial review is limited to actual cases or controversies.[54] Courts
decline to issue advisory opinions or to resolve hypothetical or feigned problems, or
mere academic questions.[55] The limitation of the power of judicial review to actual
cases and controversies defines the role assigned to the judiciary in a tripartite
allocation of power, to assure that the courts will not intrude into areas committed to
the other branches of government.[56]
An actual case or controversy involves a conflict of legal rights, an assertion of
opposite legal claims, susceptible of judicial resolution as distinguished from a
hypothetical or abstract difference or dispute. There must be a contrariety of legal
rights that can be interpreted and enforced on the basis of existing law and
jurisprudence.[57] The Court can decide the constitutionality of an act or treaty only
when a proper case between opposing parties is submitted for judicial determination.
[58]
Related to the requirement of an actual case or controversy is the requirement of
ripeness. A question is ripe for adjudication when the act being challenged has had a
direct adverse effect on the individual challenging it.[59] For a case to be considered
ripe for adjudication, it is a prerequisite that something had then been accomplished
or performed by either branch before a court may come into the picture,[60] and the
petitioner must allege the existence of an immediate or threatened injury to itself as
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