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Tuesday, August 05, 2008
SC stops signing of territorial deal
By Ben O. Tesiorna and Malu C. Manar
DAVAO CITY -- The Supreme Court (SC) on Monday issued a temporary restraining order (TRO) on the scheduled signing of the memorandum of agreement (MOA) on ancestral domain to end decades of bloody rebellion.
The Philippine government and the rebel group Moro Islamic Liberation Front (MILF) were to sign the agreement Tuesday in Malaysia, which has been brokering the negotiations.
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The accord, which aims to expand an existing autonomous region to add 712 more villages, sparked protests from residents.
Court spokesman Midas Marquez said the SC issued a TRO after politicians from North Cotabato objected to the accord because the government failed to publicly disclose its contents.
Politicians from Zamboanga City filed a similar petition in court Monday.
North Cotabato Representative Bernardo Piñol Jr. said Press Secretary Jesus Dureza informed him about the TRO that was just issued.
It was learned that Dureza met with Mindanao congressmen at the office of House Speaker Prospero Nograles Monday afternoon.
The TRO was issued after the high tribunal met in an en banc session to deliberate on the petition filed by officials of North Cotabato who asked for a full disclosure of the contents of the MOA ahead of its signing.
Shortly after the high court started its session, the government, through Solicitor General Agnes Devanadera, sent its comment to the North Cotabato petition.
Invoking executive privilege in its 26-page comment, the government said that while negotiations with the MILF did not involve any foreign power, military and national concerns were raised.
"This being so, the entire process, the negotiations involving the said MOA and the drafts, documents thereof resulting from said negotiations is covered by the doctrine of executive privilege, which prevents the disclosure of information that could subvert military or diplomatic objectives," Devanadera was quoted as saying.
The SC set oral arguments on the matter for August 15 at 9 a.m. and ordered the Office of the Solicitor General to submit a copy of the draft memorandum of agreement to the high court "not later than August 8."
The TRO was welcomed by officials of North Cotabato, saying that the signing of the MOA on ancestral domain must not continue until the government makes its content public, especially to those who will be directly affected by it.
"We cannot allow a rebel group, the Moro Islamic Liberation Front (MILF), to rule us. If that happens, we will defend our community at all cost," North Cotabato Vice Governor Emmanuel Piñol said over Catholic-run dxND.
Piñol was confident the SC will issue a TRO. He sought the petition through his lawyer Israelito Torreon.
Torreon said their petition centered on two basic grounds: the people's constitutional right to public information and their statutory right to be consulted on matters pertaining their destiny.
Under the MOA, Torreon said, the government has actually given up part of Mindanao to the MILF.
But he said Section 3 on concepts and principles of the MOA cites that ancestral domain does not form part of the Philippines -- public domain.
Piñol also said the signing of a "historic debacle that forever be remembered a treason" was stopped in time by the high court so as to prevent the people of North Cotabato to be enslaved by the MILF.
The people of North Cotabato are set to hold a protest rally on Tuesday to denounce the MOA on ancestral domain.
Peace Adviser Hermogenes Esperon Jr. earlier said the inclusion of certain barangays, provinces and other areas in the proposed Bangsamoro Juridical Entity is still subject to a plebiscite.
Esperon said the people's voice on being included in the Bangsamoro entity should be heard and it will be in a plebiscite, which would occur after the MOA is signed and Congress enacts a law providing for it.
Rebel spokesman Eid Kabalu meanwhile called the decision a setback, adding that his group remained committed to peace talks.
He 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.
Military chief General Alexander Yano said the 120,000-strong armed forces were "more than capable and prepared to respond to any threat" by groups that might react violently to the court ruling.
A government delegation led by Foreign Secretary Alberto Romulo had boarded flights to Malaysia's capital, Kuala Lumpur, for the signing when the decision was issued, prompting the Manila government to abruptly cancel the ceremony.
The accord, forged last month by government and rebel negotiators, expands an existing six-province Muslim autonomous region in southern Mindanao region, subject to the agreement of residents in a plebiscite within a year.
Mayor Celso Lobregat of Zamboanga City led about 3,000 people in a protest Monday outside its city hall.
Many shops in the city, which has been a frequent target of bomb attacks blamed on Muslim militants, closed for the day.
The protesters held placards reading, "Gloria, Don't Sell Us," appealing to President Gloria Macapagal-Arroyo to stop the agreement from being signed.
Esperon also 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 government hopes a peace accord can transform the resource-rich Mindanao into a bustling economic hub instead of a breeding ground for terrorists. (Sun.Star Davao/AP/Sunnex)For more Philippine news, visit Sun.Star Pampanga. (August 5, 2008 issue)
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