04/02/2020
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retort in justifying the denial of petitioners' right to be consulted. Respondents'
stance manifests the manner by which they treat the salient provisions of E.O. No. 3
on people's participation. Such disregard of the express mandate of the President is
not much different from superficial conduct toward token provisos that border on
classic lip service.[140] It illustrates a gross evasion of positive duty and a virtual
refusal to perform the duty enjoined.
As for respondents' invocation of the doctrine of executive privilege, it is not tenable
under the premises. The argument defies sound reason when contrasted with E.O.
No. 3's explicit provisions on continuing consultation and dialogue on both national
and local levels. The executive order even recognizes the exercise of the
public's right even before the GRP makes its official recommendations or before
the government proffers its definite propositions.[141] It bear emphasis that E.O. No.
3 seeks to elicit relevant advice, information, comments and recommendations from
the people through dialogue.
AT ALL EVENTS, respondents effectively waived the defense of executive privilege in
view of their unqualified disclosure of the official copies of the final draft of the MOAAD. By unconditionally complying with the Court's August 4, 2008 Resolution,
without a prayer for the document's disclosure in camera, or without a manifestation
that it was complying therewith ex abundante ad cautelam.
Petitioners' assertion that the Local Government Code (LGC) of 1991 declares it a
State policy to "require all national agencies and offices to conduct periodic
consultations with appropriate local government units, non-governmental and
people's organizations, and other concerned sectors of the community before any
project or program is implemented in their respective jurisdictions"[142] is welltaken. The LGC chapter on intergovernmental relations puts flesh into this avowed
policy:
Prior Consultations Required. - No project or program shall be
implemented by government authorities unless the consultations
mentioned in Sections 2 (c) and 26 hereof are complied with, and prior
approval of the sanggunian concerned is obtained: Provided, That
occupants in areas where such projects are to be implemented shall not
be evicted unless appropriate relocation sites have been provided, in
accordance with the provisions of the Constitution.[143] (Italics and
underscoring supplied)
In Lina, Jr. v. Hon. Paño,[144] the Court held that the above-stated policy and
above-quoted provision of the LGU apply only to national programs or projects which
are to be implemented in a particular local community. Among the programs and
projects covered are those that are critical to the environment and human ecology
including those that may call for the eviction of a particular group of people residing
in the locality where these will be implemented.[145] The MOA-AD is one peculiar
program that unequivocally and unilaterally vests ownership of a vast
territory to the Bangsamoro people,[146] which could pervasively and
drastically result to the diaspora or displacement of a great number of
inhabitants from their total environment.
With respect to the indigenous cultural communities/indigenous peoples (ICCs/IPs),
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
25/203
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