04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various private sectors, and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development. Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government." [54] Esguerra v. Court of Appeals, G.R. No. 119310, February 3, 1997, 267 SCRA 380, citing Alafriz v. Noble, 72 Phil. 278, 280 (1941); Leung Ben v. O'Brien, 38 Phil. 182 (1918); Salvador Campos y Cia v. Del Rosario, 41 Phil. 45 (1920); Abad Santos v. Province of Tarlac, 38 Off. Gaz. 830; Tavera Luna, Inc. v. Nable, 38 Off. Gaz. 62; San Sebastian College v. Court of Appeals, G.R. No. 84401, May 15, 1991, 197 SCRA 138; Sinon v. Civil Service Commission, G.R. No. 101251, November 5, 1992, 215 SCRA 410; Bustamante v. Commission on Audit, G.R. No. 103309, November 27, 1992, 216 SCRA 134, 136; Zarate v. Olegario, G.R. No. 90655, October 7, 1996, 263 SCRA 1. [55] G.R. Nos. 147062-64, December 14, 2001, 372 SCRA 462, 493. DISSENTINGOPINION VELASCO, JR., J.: It is a well-settled canon of adjudication that an issue assailing the constitutionality of a government act should be avoided whenever possible.[1] Put a bit differently, courts will not touch the issue of constitutionality save when the decision upon the constitutional question is absolutely necessary to the final determination of the case, i.e., the constitutionality issue must be the very lis mota of the controversy.[2] It is along the line set out above that I express my dissent and vote to dismiss the consolidated petitions and petitions-in-intervention principally seeking to nullify the Memorandum of Agreement on Ancestral Domain (MOA-AD) proposed to be entered into by and between the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF). Non-Joinder of MILF: Fatal The Rules of Court requires all actions to be brought by or against the real party interest. The requirement becomes all the more necessary with respect to indispensable parties. For: Indispensable parties are those with such interest in the controversy that a final decree would necessarily affect their rights so that courts cannot proceed without their presence. All of them must be included in a suit for an action to prosper or for a final determination to be had.[3] As it were, the MILF was not impleaded in this case except in G.R. No. 183962. But it would appear that MILF, doubtless a real party in interest in this proceedings, was not served a copy of and asked to comment on the petition in G.R. No. 183962. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 179/203