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beneficial to the Bangsamoro people, in such quality, quantity and status to be
determined mutually by both Parties." (Emphasis supplied)
[99] TSN, 29 August 2008, p. 704.
[100] Paragraph 2(c) on Territory of the MOA-AD provides: "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."
[101]
Paul Collier calls internal armed conflicts "development in reverse."
Development and Conflict, Centre for the Study of African Economies, Department of
Economics, Oxford University, 1 October 2004.
SEPARATE CONCURRING AND DISSENTING OPINION
LEONARDO-DE CASTRO, J.:
I vote to consider the cases moot and academic considering the manifestation in the
Memorandum, dated September 24, 2008, filed by the Office of the Solicitor General
(OSG) that:
"x x x The Executive Department has repeatedly and categorically stated
that the MOA-AD will not be signed in its present form or in any
other form. The Chief Executive has in fact gone to the extent of
dissolving the Government of the Republic of the Philippines (GRP) Panel
and has decided to take on a different tack and launch talks, no longer
with rebels or rebel groups, but with more peace-loving community-based
groups. x x x"[1]
This development renders unnecessary a detailed analysis of each of the stipulations
contained in the said MOA-AD, which have grave constitutional implications on the
sovereignty, territorial integrity and constitutional processes of the Republic of the
Philippines, all of which are non-negotiable when viewed in the context of the nature
of the internal conflict it seeks to address and the state of our nation today.
I believe this is a prudent move on the part of the Executive Department. By the
very essence of our republican and democratic form of government, the outcome of
our constitutional processes, particularly the legislative process and the constituent
process of amending the constitution, cannot be predetermined or predicted with
certainty as it is made to appear by the consensus points of the MOA-AD.
Consequently, it is beyond the authority of any negotiating panel to commit the
implementation of any consensus point or a legal framework which is inconsistent
with the present Constitution or existing statutes.
Moreover, our constitutional processes are well-defined by various provisions of the
Constitution. The establishment of a political and territorial "space" under a so-called
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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