04/02/2020
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(unsigned)
AMBASSADOR SAYED ELMASRY
Adviser to Organization of the Islamic Conference (OIC) Secretary
General and Special Envoy for Peace Process in Southern Philippines
IN THE PRESENCE OF:
(unsigned)
(unsigned)
DR. ALBERTO G. ROMULO DATO'
DR. RAIS BIN YATIM
SERI UTAMA
Minister of Foreign Affairs
Secretary of Foreign Affairs
Malaysia
Republic of the Philippines
Initialed by
Sec.
Rodolfo
(initialed)
Garcia Mohagher Iqbal (initialed)
Sec. Hermogenes Esperon
(initialed)
Witnessed by:
Datuk Othman
Razak (initialed)
bin
Abd
Dated 27 July 2008
Two points are evident from the above-quoted portion of the MOA-AD. First, the
affixation of signatures to the MOA-AD was a distinct procedure from the affixation
of initials to the pages of the document. Initialization was accomplished on 27 July
2008, while signature was to have been performed on 5 August 2008. The initialing
was witnessed by only one person, Razak, while the signing of the MOA-AD was to
have been witnessed by the respective heads of the Foreign Affairs departments of
the Philippines and Malaysia. Clearly, signing and initialing was not intended to be
one and the same.
Second, it is unequivocal from the document that the MOA-AD was to take effect
upon the affixation of signatures on 5 August 2008 in Kuala Lumpur, Malaysia, and
not through the preliminary initialing of the document on 27 July 2008.
Under our domestic law, consent of the parties is an indispensable element to any
valid contract or agreement.[17] The three stages of a contract include its
negotiation or preparation, its birth or perfection, and its fulfillment or
consummation. The perfection of the contract takes place only upon the concurrence
of its three essential requisites - consent of the contracting parties, object certain
which is the subject matter of the contract, and cause of the obligation which is
established.[18] Until a contract is perfected, there can be no binding commitments
arising from it, and at any time prior to the perfection of the contract, either
negotiating party may stop the negotiation.[19]
Consent is indubitably manifested through the signature of the parties. That the
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