MOA on BJE Ancestral Domain: Unconstitutional

Today, the Supreme Court issued its decision on the the Memorandum of Agreement on the Ancestral Domain Aspect (MOA-AD) of the Government of the Republic of the Philippines (GRP)-Moro Islamic Liberation Front (MILF) Tripoli Agreement on Peace of 2001 (The Province of North Cotabato vs. Republic, 14 October 2008, GR Nos. 183591, 183572, 183893, and 183951).

While we are waiting to get our hands on that decision, you may refer to the SC news flash. In essence, the Supreme Court declared the MOA-AD as “contrary to law and the Constitution,” declaring the process by which the MOA-AD was designed and crafted as contrary to and in excess of the legal authority, and amounting to a whimsical, capricious, oppressive, arbitrary and despotic exercise thereof. The SC also stated that it “illustrates a gross evasion of positive duty and a virtual refusal to perform the duty enjoined”. It would be interesting to see from the decision who are the members of the Peace Panel who took charge in crafting the MOA.

One comment

  1. There should be sanctions against those persons who took charge in the crafting of the MOA. While most people will be thankful for the outcome of the case, the effect of the decision will not affect the callous minds of the crafters of the MOA. The results of the decision will not even shame them. It was just another job for them.

    The Malacanang spinmasters will just do their usual task in giving out press releases to soften the impact of the decision, which is usually directed for the benefit of foreign investors and large corporations. The Senate, particulary the now silent senators Escudero and Cayetano, who were so vocal against Malacanang, can take the initiative to call for the implementation of appropriate sanctions against the persons responsible for the MOA.

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