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.

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