04/02/2020
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[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
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