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a result of the challenged action.[61] He must show that he has sustained or is
immediately in danger of sustaining some direct injury as a result of the act
complained of.[62]
The Solicitor General argues that there is no justiciable controversy that is ripe for
judicial review in the present petitions, reasoning that
The unsigned MOA-AD is simply a list of consensus points subject to
further negotiations and legislative enactments as well as constitutional
processes aimed at attaining a final peaceful agreement. Simply put, the
MOA-AD remains to be a proposal that does not automatically create
legally demandable rights and obligations until the list of operative acts
required have been duly complied with. x x x
xxxx
In the cases at bar, it is respectfully submitted that this Honorable Court
has no authority to pass upon issues based on hypothetical or feigned
constitutional problems or interests with no concrete bases. Considering
the preliminary character of the MOA-AD, there are no concrete acts that
could possibly violate petitioners' and intervenors' rights since the acts
complained of are mere contemplated steps toward the formulation of a
final peace agreement. Plainly, petitioners and intervenors' perceived
injury, if at all, is merely imaginary and illusory apart from being
unfounded and based on mere conjectures. (Underscoring supplied)
The Solicitor General cites[63] the following provisions of the MOA-AD:
TERRITORY
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2. Toward this end, the Parties enter into the following stipulations:
xxxx
d. Without derogating from the requirements of prior
agreements, the Government stipulates to conduct and
deliver, using all possible legal measures, within twelve (12)
months following the signing of the MOA-AD, a plebiscite
covering the areas as enumerated in the list and depicted in
the map as Category A attached herein (the "Annex"). The
Annex constitutes an integral part of this framework
agreement. Toward this end, the Parties shall endeavor to
complete the negotiations and resolve all outstanding issues
on the Comprehensive Compact within fifteen (15) months
from the signing of the MOA-AD.
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GOVERNANCE
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