04/02/2020
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autonomy to the Muslim areas of Mindanao?
MR. OPLE: Yes.(Emphasis supplied)[38]
Clearly, the mandate for the creation of the ARMM is derived principally
from the 1987 Constitution. Thereafter, ARRM was given life by Republic Act No.
6734,[39] the Organic Act of the ARMM. Our executive officials were guided by and
did not stray away from these legal mandates at the negotiation and execution of
the Peace Agreement with the MNLF in 1996. Without ifs and buts, its Whereas
Clauses affirmed our sovereignty and territorial integrity and completely respected
our Constitution.[40]
In stark contrast, the peace process with the MILF draws its mandate
principally from Executive Order No. 3. This executive order provided the basis
for the execution of the Tripoli Agreement of 2001 and thereafter, the MOA-AD.
During the whole process, the government peace negotiators conducted
themselves free from the strictures of the Constitution. They played fast and
loose with the do's and dont's of the Constitution. They acted as if the grant of
executive power to the President allows them as agents to make agreements with
the MILF in violation of the Constitution. They acted as if these violations can
anyway be cured by committing that the sovereign people will change the
Constitution to conform with the MOA-AD. They forgot that the Constitution grants
power but also sets some impotence on power.
IV. The Exercise of Executive Power is
Subject to the Constitution
Clearly, the respondents grossly misunderstood and patently misapplied the
executive powers of the President.
The MILF problem is a problem of rebellion penalized under the Revised Penal Code.
[41] The MILF is but a rebel group. It has not acquired any belligerency status. The
rebellion of the MILF is recognized expressly by E.O. No. 3[42] as well as by E.O. No.
555.[43] The President's powers in dealing with rebellion are spelled out in Article
VII, section 18 of the Constitution, viz:
The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such
armed forces to prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the public safety requires
it, he may, for a period not exceeding sixty days, suspend the privilege of
the writ of habeas corpus or place the Philippines or any part thereof
under martial law. Within forty-eight hours from the proclamation of
martial law or the suspension of the privilege of the writ of habeas
corpus, the President shall submit a report in person or in writing to the
Congress. The Congress, voting jointly, by a vote of at least a majority of
all its Members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by
the President. Upon the initiative of the President, the Congress may, in
the same manner, extend such proclamation or suspension for a period to
be determined by the Congress, if the invasion or rebellion shall persist
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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