04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly in times of emergency, but is also tasked with extraordinary powers in times of emergency, but is also tasked with attending to the day-to-day problems of maintaining peace and order and ensuring domestic tranquility in times when no foreign foe appears on the horizon. Wide discretion, within the bounds of law, in fulfilling presidential duties in times of peace is not in any way diminished by the relative want of an emergency specified in the commander-in-chief provision. For in making the President commander-in-chief the enumeration of powers that follow cannot be said to exclude the President's exercising as Commander-inChief powers short of the calling of the armed forces, or suspending the privilege of the writ of habeas corpus or declaring martial law, in order to keep the peace, and maintain public order and security. Undoubtedly, then, the President has power to negotiate peace with the MILF, and to determine in what form and manner the peace process should be conducted. In the exercise of this power, the President issued Executive Order No. 3, where she mapped out the principles to be followed in the comprehensive peace process: (a) community-based and defined by all Filipinos as one community, (b) a new social compact establishing a genuinely pluralistic society, and (c) a principled and peaceful resolution to the internal armed conflicts.[37] In Section 4 thereof, the president identified the 6 paths to peace, with processes being interrelated and not mutually exclusive, and must be pursued simultaneously in a coordinated and integrated fashion: (a) pursuit of social, economic and political reforms, (b) consensus-building and empowerment for peace, (c) peaceful, negotiated settlement with the different rebel groups, (d) programs for the reconciliation, reintegration into mainstream society and rehabilitation, (e) addressing concerns arising from continuing armed hostilities, and (f) building and nurturing a climate conducive to peace. Executive Order No. 3, together with the Memorandum of Instructions of March 1, 2001 and the Memorandum of Instructions of September 8, 2003, constitutes the mandate of the GRP Peace panel. It was within the parameters of this mandate that the GRP Peace panel was to negotiate with the MILF and arrive at a Comprehensive Peace Agreement. It was pursuant to these strictures that the MOA-AD was crafted, initialed and scheduled for signing. Even as the petitioners and petitioners-in-intervention roundly condemn the MOAAD, as currently worded, to have violated constitutional and statutory principles and assail the GRP Peace Panel for having acted with grave abuse of discretion because of its failure to abide by its mandate - it is noteworthy they do not raise any question about the validity of Executive Order No. 3 and the Instructions issued by the President. Considering the events that have supervened since the filing of the initial petition and the issuance by this Court of a TRO, it is suggested that the angle of vision for the discussion of the substantive issues in this case should be from the perspective of the relief/s that this Court can grant the parties, taking into account their respective prayers. These are: 1. Mandamus. a) Three petitions and two petitions-in-intervention praying for a writ of elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 199/203

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