Province of North Cotabato vs GRP been bound to each other by treaty or agreement.
G.R. No. 183591, October 14, 2008 Dar-ul-aman (land of order), on the other hand,
- extent of the powers of the President in pursuing
the peace process
- The MILF is a rebel group which was established
in March 1984 when, under the leadership of the
late Salamat Hashim, it splintered from the Moro
National Liberation Front (MNLF) then headed by
Nur Misuari, on the ground, among others, of what
Salamat perceived to be the manipulation of the
MNLF away from an Islamic basis towards Marxist-
Maoist orientations
- August 5, 2008 signing of MOA AD
- Formal peace talks between the parties were held
in Tripoli, Libya from June 20-22, 2001, the outcome
of which was the GRP-MILF Tripoli Agreement on
Peace (Tripoli Agreement 2001) containing the
basic principles and agenda on the following
aspects of the negotiation: Security Aspect,
Rehabilitation Aspect, and Ancestral Domain
Aspect.
- August 5-7, 2001 which ended with the signing of
the Implementing Guidelines on the Security
Aspect of the Tripoli Agreement 2001 leading to a
ceasefire status between the parties. This was
followed by the Implementing Guidelines on the
Humanitarian Rehabilitation and Development
Aspects of the Tripoli Agreement 2001, which was
signed on May 7, 2002 at Putrajaya, Malaysia.
Overview
TERMS OF REFERENCE
- the MOA-AD includes not only four earlier
agreements between the GRP and MILF, but also
two agreements between the GRP and the MNLF:
the 1976 Tripoli Agreement, and the Final Peace
Agreement on the Implementation of the 1976
Tripoli Agreement, signed on September 2, 1996
during the administration of President Fidel Ramos.
- two local statutes - the organic act for the
Autonomous Region in Muslim Mindanao (ARMM)
[25] and the Indigenous Peoples Rights Act (IPRA),
[26] and several international law instruments - the
ILO Convention No. 169 Concerning Indigenous and
Tribal Peoples in Independent Countries in relation
to the UN Declaration on the Rights of the
Indigenous Peoples, and the UN Charter, among
others.
- includes as a final TOR the generic category of
"compact rights entrenchment emanating from the
regime of dar-ul-mua'hada (or territory under
compact) and dar-ul-sulh (or territory under peace
agreement) that partakes the nature of a treaty
device."
- dar-ul-Islam (the Abode of Islam) and dar-ul-harb
(the Abode of War). The first referred to those lands
where Islamic laws held sway, while the second
denoted those lands where Muslims were
persecuted or where Muslim laws were outlawed or
ineffective.
- dar-ul-mua'hada (land of compact) and dar-ul-sulh
(land of treaty) referred to countries which, though
under a secular regime, maintained peaceful and
cooperative relations with Muslim States, having
referred to countries which, though not bound by
treaty with Muslim States, maintained freedom of
religion for Muslims
- the "compact rights entrenchment" emanating
from the regime of dar-ul-mua'hada and dar-ul-sulh
simply refers to all other agreements between the
MILF and the Philippine government - the
Philippines being the land of compact and peace
agreement - that partake of the nature of a treaty
device, "treaty" being broadly defined as "any
solemn agreement in writing that sets out
understandings, obligations, and benefits for both
parties which provides for a framework that
elaborates the principles declared in the [MOA-AD].
The main body of the MOA-AD is divided into four
strands, namely, Concepts and Principles, Territory,
Resources, and Governance.
A. Concepts and Principles
- Bangsamoro people" as the natives or original
inhabitants of Mindanao and its adjacent islands
including Palawan and the Sulu archipelago at the
time of conquest or colonization, and their
descendants whether mixed or of full blood,
including their spouses
- all indigenous peoples of Mindanao and its
adjacent islands.
- Bangsamoro homeland," the ownership of which
is vested exclusively in the Bangsamoro people by
virtue of their prior rights of occupation.[32] Both
parties to the MOA-AD acknowledge that ancestral
domain does not form part of the public domain.
- the right to self-governance, which right is said to
be rooted on ancestral territoriality
- the Bangsamoro people as "the `First Nation' with
defined territory and with a system of government
having entered into treaties of amity and
commerce with foreign nations." - by identifying
the Bangsamoro people as "the First Nation" -
suggesting its exclusive entitlement to that
designation - departs from the Canadian usage of
the term.
- "Bangsamoro Juridical Entity" (BJE) to which it
grants the authority and jurisdiction over the
Ancestral Domain and Ancestral Lands of the
Bangsamoro.[
B. Territory
- the present geographic area of the ARMM - thus
constituting the following areas: Lanao del Sur,
Maguindanao, Sulu, Tawi-Tawi, Basilan, and Marawi
City. Significantly, this core also includes certain
municipalities of Lanao del Norte that voted for
inclusion in the ARMM
- he BJE shall have jurisdiction over all natural
resources within its "internal waters," defined as
extending fifteen (15) kilometers from the coastline
of the BJE area;[42] that the BJE shall also have
"territorial waters," which shall stretch beyond the
BJE internal waters up to the baselines of the
Republic of the Philippines (RP) south east and
south west of mainland Mindanao; and that within
these territorial waters, the BJE and the "Central
Government" (used interchangeably with RP) shall
exercise joint jurisdiction, authority and
management over all natural resources.[43]
Notably, the jurisdiction over the internal waters is
not similarly described as "joint."
- sharing of minerals on the territorial waters
between the Central Government and the BJE, in
favor of the latter, through production sharing and
economic cooperation agreement
- There is no similar provision on the sharing of
minerals and allowed activities with respect to the
internal waters of the BJE.
C. RESOURCES
- The MOA-AD states that the BJE is free to enter
into any economic cooperation and trade relations
with foreign countries
ISSUES
1. Whether the petitions have become moot
and academic
(i) insofar as the mandamus aspect is
concerned, in view of the disclosure of
official copies of the final draft of the
Memorandum of Agreement (MOA); and
(ii) insofar as the prohibition aspect
involving the Local Government Units is
concerned, if it is considered that
consultation has become fait accompli with
the finalization of the draft;
2. Whether the constitutionality and the
legality of the MOA is ripe for adjudication;
3. Whether respondent Government of the
Republic of the Philippines Peace Panel
committed grave abuse of discretion
amounting to lack or excess of jurisdiction
when it negotiated and initiated the MOA
vis--vis ISSUES Nos. 4 and 5;
4. Whether there is a violation of the people's
right to information on matters of public
concern (1987 Constitution, Article III, Sec.
7) under a state policy of full disclosure of
all its transactions involving public interest
(1987 Constitution, Article II, Sec. 28)
including public consultation under
Republic Act No. 7160 (LOCAL
GOVERNMENT CODE OF 1991)[;]
If it is in the affirmative, whether
prohibition under Rule 65 of the 1997 Rules
of Civil Procedure is an appropriate
remedy;
5. Whether by signing the MOA, the
Government of the Republic of the
Philippines would be BINDING itself
a) to create and recognize the Bangsamoro
Juridical Entity (BJE) as a separate state, or
a juridical, territorial or political subdivision
not recognized by law;
b) to revise or amend the Constitution and
existing laws to conform to the MOA;
c) to concede to or recognize the claim of
the Moro Islamic Liberation Front for
ancestral domain in violation of Republic
Act No. 8371 (THE INDIGENOUS PEOPLES
RIGHTS ACT OF 1997), particularly Section
3(g) & Chapter VII (DELINEATION,
RECOGNITION OF ANCESTRAL DOMAINS)[;]
If in the affirmative, whether the Executive
Branch has the authority to so bind the
Government of the Republic of the
Philippines;
6. Whether the inclusion/exclusion of the
Province of North Cotabato, Cities of
Zamboanga, Iligan and Isabela, and the
Municipality of Linamon, Lanao del Norte
in/from the areas covered by the projected
Bangsamoro Homeland is a justiciable
question; and
7. Whether desistance from signing the MOA
derogates any prior valid commitments of
the Government of the Republic of the
Philippines.[24]