04/02/2020
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principles to guide the bench, the bar, the public and, in this case, the
government and its negotiating entity.
Respondents cite Suplico v. NEDA, et al.[103] where the Court did not "pontificat[e]
on issues which no longer legitimately constitute an actual case or controversy [as
this] will do more harm than good to the nation as a whole."
The present petitions must be differentiated from Suplico. Primarily, in Suplico, what
was assailed and eventually cancelled was a stand-alone government procurement
contract for a national broadband network involving a one-time contractual relation
between two parties--the government and a private foreign corporation. As the
issues therein involved specific government procurement policies and standard
principles on contracts, the majority opinion in Suplico found nothing exceptional
therein, the factual circumstances being peculiar only to the transactions and parties
involved in the controversy.
The MOA-AD is part of a series of agreements
In the present controversy, the MOA-AD is a significant part of a series of
agreements necessary to carry out the Tripoli Agreement 2001. The MOA-AD which
dwells on the Ancestral Domain Aspect of said Tripoli Agreement is the third such
component to be undertaken following the implementation of the Security Aspect in
August 2001 and the Humanitarian, Rehabilitation and Development Aspect in May
2002.
Accordingly, even if the Executive Secretary, in his Memorandum of August 28, 2008
to the Solicitor General, has stated that "no matter what the Supreme Court
ultimately decides[,] the government will not sign the MOA[-AD]," mootness will not
set in in light of the terms of the Tripoli Agreement 2001.
Need to formulate principles-guidelines
Surely, the present MOA-AD can be renegotiated or another one will be drawn up to
carry out the Ancestral Domain Aspect of the Tripoli Agreement 2001, in
another or in any form, which could contain similar or significantly drastic provisions.
While the Court notes the word of the Executive Secretary that the government "is
committed to securing an agreement that is both constitutional and equitable
because that is the only way that long-lasting peace can be assured," it is minded to
render a decision on the merits in the present petitions to formulate controlling
principles to guide the bench, the bar, the public and, most especially, the
government in negotiating with the MILF regarding Ancestral Domain.
Respondents invite the Court's attention to the separate opinion of then Chief Justice
Artemio Panganiban in Sanlakas v. Reyes[104] in which he stated thatthe doctrine of
"capable of repetition yet evading review" can override mootness, "provided the
party raising it in a proper case has been and/or continue to be prejudiced or
damaged as a direct result of their issuance." They contend that the Court must
have jurisdiction over the subject matter for the doctrine to be invoked.
The present petitions all contain prayers for Prohibition over which this Court
exercises original jurisdiction. While G.R. No. 183893 (City of Iligan v. GRP) is a
petition for Injunction and Declaratory Relief, the Court will treat it as one for
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
19/203
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