04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly (1) those which are self-executory or are immediately effective by the terms of the MOA-AD alone, (2) those with a period or which are to be effective within a stipulated time, and (3) those that are conditional or whose effectivity depends on the outcome of a plebiscite. Let us cast an eye on the self executory provisions of the MOA-AD which will demolish the argument of the respondents that the issues in the petitions at bar are not ripe for adjudication. The MOA-AD provides that "the Parties affirm that the core of the BJE shall constitute the present geographic area of the ARMM, including the municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte that voted for inclusion in the ARMM during the 2001 plebiscite." The MOA-AD then proceeds to enumerate the powers that the BJE possesses within its area. The BJE is granted powers of governance which it can exercise without need of amendments to be made to the Constitution or existing law or without imposing any condition whatsoever. The MOA-AD also gives the BJE the unconditional right to participate in international meetings and events, e.g., ASEAN meetings and other specialized agencies of the United Nations.[25] It grants BJE the right to participate in Philippine official missions and delegations that are engaged in the negotiation of border agreements or protocols for environmental protection, equitable sharing of incomes and revenues, in addition to those of fishing rights.[26] Again, these rights are given to the BJE without imposing prior conditions such as amendments to the Constitution, existing law or the enactment of new legislation. Next, let us go to provisions of the MOA-AD with a period which will further demonstrate the lack of merit of respondents' posture that the petitions at bar are not ripe for adjudication. The MOA-AD provides that "without derogating from the requirements of prior agreements[27], the Government stipulates to conduct and deliver, within twelve (12) months following the signing of the Memorandum of Agreement on Ancestral Domain, a plebiscite covering the areas as enumerated in the list and depicted in the map as Category A x x x the Parties shall endeavor to complete negotiations and resolve all outstanding issues on the Comprehensive Compact within fifteen (15) months from signing of the MOA-AD."[28] Once more, it is evident that no conditions were imposed with respect to the conduct of a plebiscite within twelve months following the signing of the MOA-AD. The provision starkly states that within twelve months, the government will conduct and deliver a plebiscite covering areas under Category A of the MOA-AD. We now come to respondents' argument on mootness. In determining whether a case has been rendered moot, courts look at the development of events to ascertain whether the petitioner making the constitutional challenge is confronted with a continuing harm or a substantial potential of harm. Mootness is sometimes viewed as "the doctrine of standing set in a time frame: The requisite personal interest must exist at the commencement of the litigation and must continue throughout its existence."[29] Stated otherwise, an actual controversy must be extant at all stages of judicial review, not merely at the time the complaint is filed. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 70/203

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