04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly [26] Marcos v. Manglapus, 177 SCRA 668. [27] Sec. 18, Art. VII of the Constitution charges the President, as Commnader in Chief of the Armed Forces of the Philippines, the duty of preventing or suppressing lawless violence, invasion or rebellion. [28] O'Donaghue v. US, 289 U.U. 516 (1933). [29] Compliance dated September 1, 2008 of respondents. DISSENTING OPINION NACHURA, J.: I respectfully dissent from the ponencia of Justice Carpio Morales, even as I agree with its holding that the MOA-AD is not an international agreement or unilateral declaration binding on the Philippines under international law. Statement of the Case We are confronted with various petitions assailing the constitutionality of the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the respondent Government of the Republic of the Philippines Peace Panel (GRP),[1] and the Moro Islamic Liberation Front (MILF),[2] to wit: 1. a petition for Prohibitionand Mandamus with prayer for the issuance of a Writ of Preliminary Injunction and Temporary Restraining Order (TRO) docketed as G.R. No. 183591, filed by the province of North Cotabato[3] against respondents GRP, Gen. Hermogenes Esperon, Jr.,[4] and Secretary Eduardo Ermita,[5] enjoining this Court to: (a) compel respondents to disclose the contents of the MOA-AD, (b) prohibit respondents from formally signing the MOA-AD, or, in the alternative, (c) declare the initialed MOA-AD as unconstitutional; 2. a petition for Prohibition and Mandamus with urgent prayer for the issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order docketed as G.R. No. 183752 filed by the City Government of Zamboanga, et al.,[6] against respondents (except Sec. Ermita), enjoining this Court to: (a) compel respondents to disclose the contents of the MOA-AD, (b) prohibit respondents from signing the MOA-AD, (c) exclude the City of Zamboanga from being part of the Bangsamoro Juridical Entity (BJE), subject-matter of the MOA-AD, or, should the MOA-AD be signed, (d) declare it as null and void. 3. 3. a petition for Injunction and/or Declaratory Relief with prayer for the issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order docketed as G.R. No. 183893 filed by the City of Iligan[7] against respondents, enjoining this Court to: (a) enjoin respondents from signing the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 185/203

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