04/02/2020
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utilization of natural resources shall be under the full control and supervision of the
State."
[37] MOA-AD, Resources, par. 4.
[38] Pimentel, Jr. v. Office of the Executive Secretary, G.R. No. 158088, 6 July 2005,
462 SCRA 622, 632; citing I. Cortes, The Philippine Presidency: A Study of Executive
Power (1966), p. 187. "[T]he President is vested with the authority to deal with
foreign states and governments, extend or withhold recognition, maintain diplomatic
relations, enter into treaties, and otherwise transact the business of foreign
relations. In the realm of treaty-making, the President has the sole authority to
negotiate with other states." Id.
[39] Id.
[40]"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 xxx"
SEPARATE OPINION
CHICO-NAZARIO, J.:
The piece of writing being assailed in these consolidated Petitions is a peace
negotiation document, namely the Memorandum of Agreement on the Ancestral
Domain Aspect of the GRP-MILF Tripoli Agreement of Peace of 2001 (MOA).
The Solicitor General explained that this document, prepared by the joint efforts of
the Government of the Republic of the Philippines (GRP) Peace Panel and the Moro
Islamic Liberation Front (MILF) Peace Panel, was merely a codification of consensus
points reached between both parties and the aspirations of the MILF to have a
Bangsamoro homeland.[1] Subsequently,
dismissal of the consolidated cases at bar
as developments which have rendered
Department's statement that it would
the Solicitor General moved for the
based on changed circumstances as well
them moot, particularly the Executive
no longer sign the questioned peace
negotiation document.[2] Nonetheless, several parties to the case, as well as other
sectors, continue to push for what they call a "complete determination" of the
constitutional issues raised in the present Petitions.
I believe that in light of the pronouncement of the Executive Department to already
abandon the MOA, the issue of its constitutionality has obviously become moot.
The rule is settled that no question involving the constitutionality or validity of a law
or governmental act may be heard and decided by the court unless there is
compliance with the legal requisites for judicial inquiry, namely: that the question
must be raised by the proper party; that there must be an actual case or
controversy; that the question must be raised at the earliest possible opportunity;
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
154/203
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