THE Supreme Court yesterday stopped today’s scheduled signing of an agreement on ancestral domain between the Philippine government and Muslim rebels in Kuala Lumpur, Malaysia.
In an en banc session, the court’s 15 justices voted unanimously to grant the petition for a temporary restraining order (TRO) filed by the Provincial Government of North Cotabato.
“The court would like to find out the real issues before some irreversible acts can be done. So, we want to maintain the status quo,” Supreme Court spokesman Jose Midas Marquez said in a press briefing.
Oral argument on the petition was set on Aug. 15.
Marquez said the court also required the Office of the Solicitor General (OSG) to submit not later than Aug. 8 the final draft of the memorandum of agreement (MOA) to be signed by the Government of the Republic of the Philippines and MILF panels.
Another petition was filed yesterday, this time by the Zamboanga City Government, seeking the same relief following government’s intention to include the province in the expanded Autonomous Region in Muslim Mindanao (ARMM), which will then be known as the Bangsamoro Juridical Entity (BJE).
Marquez said the petition filed by the group of Zamboanga City Mayor Celso Lobregat will be consolidated with the petition of the North Cotabato government led by Gov. Jesus Sacdalan and Vice Gov. Emmanuel Piñol.
Canceled
Malacañang announced it will follow the Supreme Court order and allow normal legal processes to run its normal course.
“Effectively, the signing of the agreement will have to be canceled,” Press Secretary Jesus Dureza said.
He said they welcome the TRO as it provides a “good opportunity” to thresh out certain issues, answer pending questions and correct wrong notions, as well as ease the tension in certain areas.
“We are confident that the Supreme Court will uphold the position of the panel in crafting this momentous, historical agreement and address the long standing problems of Mindanao and the country as a whole,” Dureza added.
A delegation led by Foreign Secretary Alberto Romulo had boarded flights to Kuala Lumpur for the signing when the decision was issued, prompting Malacañang to abruptly cancel the ceremony.
Setback
MILF spokesman Eid Kabalu called the decision a setback, adding that his group remained committed to peace talks.
But Kabalu said he did not know how rebel commanders, already restive in the last few months because of frequent deadlocks in the talks, would react to the court’s decision.
North Cotabato Vice Gov. Emmanuel Piñol said the High Court’s ruling will teach the government a lesson that “no official of this land can just decide for their people without due consultations.”
“We won the battle. But because this is just a TRO, therefore, our victory is just temporary,” Piñol said in an interview over Catholic Church-ran dxND and quoted by GMA news online.
An estimated 15,000 people, many of them of other faiths, took to the streets yesterday expressing their opposition to the agreement.
The rally was attended by a number of prominent Roman Catholic Church leaders and local government officials.
Another protest action will be held today, this time in North Cotabato.
Consultation
But presidential peace process adviser, former military chief Hermogenes Esperon, denied accusations that the government was giving away territory to Muslim rebels.
“No sovereignty is given here. This is for the benefit of Mindanao and the country,” he said, adding it is “better to talk than fight.”
The accord, forged last month by government and rebel negotiators, expands an existing six-province ARMM, adding 712 more villages, subject to the acceptance of residents in a plebiscite within a year.
The autonomous region will have its own legal, banking and education systems, civil service and internal security force.
According to the petitioners, the MOA will cover eight barangays, including the entire downtown area of Zamboanga City, the City Hall, a cathedral and the Ateneo de Zamboanga University.
They claimed that no consultation took place before the areas were included in the BJE and they have yet to see the final draft of the memorandum.
“Since the issue of ancestral domain refers to the claiming of ownership over a particular portion of the Philippine territory…petitioners and residents of Zamboanga City have the right to be informed about the matter and participate in the decision-making process,” they said. (Sunnex/AP/AFP)
