Wednesday, August 06, 2008 Gov't to let SC decide on legality of territorial deal
MALACAÑANG is leaving to the Supreme Court (SC) to determine if the memorandum of agreement (MOA) on the ancestral domain is already binding after it has been "initialed" by the negotiating party, Press Secretary Jesus Dureza said.
Dureza said the SC would look into the validity and constitutionality of the proposed MOA which was supposed to be signed in a ceremony in Kuala Lumpur on August 5, had a temporary restraining order (TRO) not been issued by the high court on August 4.
"The MOA is now with Supreme Court. It will undergo close scrutiny as to its validity and constitutionality. We will await the SC to make that determination," he said in reaction to the claim of Moro Islamic Liberation Front (MILF) vice chairman Ghadzali Jaafar that the draft MOA is already binding after the government and MILF panels "initialed" it on July 27.
President Gloria Macapagal-Arroyo even mentioned the "breakthrough" during her State of the Nation Address on July 28 adding that they expect peace in Mindanao soon.
The members of the two panels, including presidential peace adviser Hermogenes Esperon Jr., already flew to Kuala Lumpur for the ceremonial signing of the MOA when the TRO was issued by the SC.
Dureza said Esperon and the government panel are expected to return to Manila on August 6 and give a briefing to the President on the same day.
He said the government panel met members of the Organization of Islamic Conference led by special envoy for peace in Southern Philippines secretary general Sayed Qasim El-Masry and the diplomatic corps on August 5 to explain to them why the signing was postponed.
Dureza reiterated that Malacañang welcomes the postponement, as it would provide an opportunity to address concerns over the MOA on ancestral domain.
According to him, the President when informed of the TRO said it should not be viewed negatively because it will provide "an opportunity that this go through a constitutional test, this draft agreement, and this will be good on the long term in our work for peace."
"That is her reply. In other words, this is a setback in the timetable but it is not all that negative because now we have an opportunity eve before the final peace agreement, to let this agreement go through a constitutional scrutiny and test," he said.
Dureza said one such opposition was due to the supposed lack of consultation with the provinces and areas suggested to be included in the proposed Bangsamoro Juridical Entity.
"There are 110 events of consultations done prior to the event of the signing or the initialing of the MOA on ancestral domain," he said.
He reiterated that the MOA is important as it would remove the "fences" and "barriers for development, barriers of insecurity, pulling down of all those walls."
He also denied that there is a "religious" issue involve in the ancestral domain issue blaming it on local politicians that supposedly inject "religious flavor to this issue."
For his part, Presidential Management Staff director general Cerge Remonde dismissed fears that the peace pact with the MILF would lead to constitutional change that is intended to extend the term of the President.
Remonde branded the claim as a rumor.
"Any report to the effect that the President would like to change the Constitution to stay in power are without basis and even malicious and may even just be calculated to make the people angry," he said. (JMR/Sunnex)
