04/02/2020
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BJE; x x x
[23] Paragraph 2.a, Territory states:
a. The GRP and MILF as the Parties to this Agreement commit themselves to the full
and mutual implementation of this framework agreement on territory with the aim of
resolving outstanding issues that emanate from the consensus points on Ancestral
Domain.
[24] Article VI, Section 1. The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives, except to
the extent reserved to the people by the provision on initiative and referendum.
[25] 354 Phil. 948, 966 (1998).
[26] Article XVII – Amendments or Revisions
Sec. 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members, or
(2) A constitutional convention.
Sec. 2. Amendments to this Constitution may likewise be directly proposed by the
people through initiative x x x.
[27] G.R. No. 174153, October 25, 2006, 505 SCRA 160, 247.
SEPARATE CONCURRING OPINION
CARPIO, J.:
If this Court did not stop the signing of the Memorandum of Agreement on Ancestral
Domain (MOA-AD), this country would have been dismembered because the
Executive branch would have committed to amend the Constitution to conform to
the MOA-AD. The MOA-AD gives to the Bangsamoro Juridical Entity (BJE) the
attributes of a state, with its own people, territory, government, armed forces,
foreign trade missions, and all other institutions of a state,[1] under the BJE's own
basic law or constitution.[2]
Usurpation of the Powers of Congress and the People
The initialed MOA-AD between the Government of the Republic of the Philippines
(GRP) and the Moro Islamic Liberation Front (MILF) is patently unconstitutional.
The Executive branch's commitment under the MOA-AD to amend the Constitution to
conform to the MOA-AD violates Sections 1 and 4, Article XVII of the Constitution.
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