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Friday, August 15, 2008
Territorial deal debate set on Friday
MANILA - Government lawyers and opponents of the proposed expansion of the Autonomous Region in Muslim Mindanao (Armm) will face off on Friday at the Supreme Court (SC).
They will debate on the constitutionality of the memorandum of agreement on ancestral domain (MOA-AD) to be signed between the government and the Moro Islamic Liberation Front (MILF).
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The SC en banc set the principal issues to be tackled by the parties, namely, North Cotabato Province, Zamboanga City, and Iligan City in Lanao del Norte against the government panel during the oral arguments, scheduled at 9 a.m.
Iligan City was the third local government to reject the proposed expansion of Armm, to be called the Bangsamoro Juridical Entity (BJE).
Separate motions for intervention were filed by Senator Manuel "Mar" Roxas II, former Senate President Franklin Drilon, and United Opposition spokesman Adel Tamano.
Each of the parties, through their respective lawyers, shall have a maximum of 20 minutes to present their arguments. In case more than one lawyer will present arguments for one party, the lead counsel shall decide on how to share the 20 minutes with co-counsel.
The Office of the Solicitor General (OSG), which will represent the government peace panel, will argue for a maximum of 20 minutes.
The time allotted for the counsels to argue and counter-argue shall be exclusive of the interpellation by the members of the high court.
The first issue to be tackled was the contention of the OSG that the petitions have become moot and academic insofar as the mandamus aspect is concerned, in view of the disclosure of official copies of the final draft of the MOA; and, insofar as the prohibition aspect involving the local government units is concerned.
The SC also wanted to know whether the constitutionality and legality of the MOA is ripe for adjudication.
It also wanted to know if the government committed grave abuse of discretion amounting to lack or excess of jurisdiction when it negotiated and initiated the MOA vis-a-vis the petitioners' right to information.
The magistrates will also find out if whether desistance from signing the MOA derogates any prior valid commitments of the government.
Petitioners alleged that there was a violation of the people's right to information on matters of public concern under a state policy of full disclosure of all its transactions involving public interest, including public consultation.
They also alleged that by signing the MOA, the government panel would be binding itself to create and recognize the BJE as a separate state, or a juridical, territorial or political subdivision not recognized by law, or whether the executive branch has the authority to bind the government.
The signing of the MOA would also entail the revision or amendment of the Constitution and existing laws to conform to it.
It will also help decide whether the government panel will concede to or recognize the claim of the MILF for ancestral domain in violation of Republic Act 8371 (Indigenous People's Rights Act of 1997, particularly the delineation and recognition of ancestral domains.
Named respondents in the suit were the government peace panel, the official Philippine representative that negotiated with representatives of the MILF and drafted the MOA which would allegedly include North Cotabato in the plebiscite that would be conducted six months after the signing to determine the areas to be added to the present Armm.
Also named respondents were Secretary Rodolfo Garcia, head of the government peace panel, and members Assistant Chief State Prosecutor Leah Armamento, lawyer Sedfrey Candelaria, government panel secretariat Mark Ryan Sullivan, and retired General Hermogenes Esperon Jr. in his capacity as presidential peace adviser.
Under the MOA, the Bangsamoro territory comprises the following areas: the present Armm; the municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in Lanao del Norte Province, which voted for inclusion in the Armm during the 2001 plebiscite; and the additional geographic areas in the provinces of Sultan Kudarat, Lanao del Norte and North Cotabato, which are still subject to plebiscite.
North Cotabato was among the provinces included in the expanded Armm, to be governed by the BJE; as well as eight barangays in Zamboanga City, including the entire downtown area of the city, City Hall, a cathedral and the Ateneo de Zamboanga University.
Petitioners said the assailed MOA would mean that the Philippine government recognizes the Bangsamoro people as a distinct people with their own distinct territory and government, thus conceding international recognition.
Should the government and MILF peace panel persist to include North Cotabato as among those subjects of the plebiscite six months after the signing of the MOA, petitioners said it would only be a waste of government funds, time and personnel to hold another electoral process if only to determine the voice and sentiments of the people of the province regarding said inclusion. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Cagayan de Oro. (August 15, 2008 issue)
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