case digest for g.r. no. 183591 province of n.cot v. grp

7/25/2019 Case Digest for G.R. No. 183591 Province of N.cot v. GRP

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G.R. No. 183591 PROVINCE OF NORTH COTABATO v.

THE GOVERNMENT OF THE PHILIPPINES

Summarized by Manu and Kim

This is a consolidation of a number of cases regarding the issues, mostly in relation to its constitutionality,surrounding the Memorandum of Agreement on the Ancestral Domain (MOA-AD) beteen the !o"ernment of

the #hili$$ines (!#%) and the Moro &slamic 'iberation ront (M&')

and the issue regarding the e*tent of the$oers of the #resident in $ursuing the $eace $rocess+ The folloing are the cases that ha"e been consolidated

!+%+ ./0 1 (2. 3uly 244) the #ro"ince of 5orth 6otabato and 7ice !o"ernor 8mmanuel #i9ol

(Mandamus and #rohibition ith #rayer for the &ssuance of :rit of #reliminary &n;unction and T%O)sought to com$el res$ondents to disclose the MOA-AD and attachments, $rohibit the signing, hold a$ublic consultation and declare the MOA-AD


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=+ 4 Ma%6 411 $arties met in Kuala 'um$ur ith tals facilitated by the Malaysian !o"ernmentF $artiessigned the Agreement on the !eneral rameor and the %esum$tion of #eace Tals+ The M&' thereaftersus$ended all its military actions+

+ 4044 !"n, 41 1 formal $eace tals held in Tri$oli, 'ibya the outcome of hich as the GRP-MILFTripoli Agreement on Peace Processhich contained the folloing basic $rinci$les and agenda on the

negotiations s,%"$'( as+,%' ,6a7$&$'a'$on as+,%' an# an%,s'a& #oma$n as+,%' (this as$ect had acolatilla saying that it Gshall be discussed further by the #arties in their ne*t meetingH)

0+ 50 A"g"s' 411 second round of $eace tals in 6yber;aya, Malaysia hich ended in the signing of theImplementing Guidelines on the Securit Aspectof the Tri$oli Agreement 244 hich led to a ceasefirebeteen $arties

4+ Ma( 441 signed theImplementing Guidelines on the Humanitarian Reha!ilitation and "e#elopmentAspects of the Tri$oli Agreement 244

+ 13 !"&( 43 2 6hairman Salamat @ashim of the M&' $assed aay and subseCuently re$laced by Al @a;Murad ($re"iously chair $eace negotiator)+ @is $osition as taen o"er by Mohagher &Cbal+

2+ 45 2e*$loratory tals beteen $arties in Malaysia, to draft the MOA-AD

.+ 43 !"&( 48 2 the #ro"ince of 5orth 6otabato file ith the Su$reme 6ourt and as doceted as !+%+./0

E+ A"g"s' 48 2the 6ourt issued a Tem$orary %estraining Order (T%O) commanding and directingres$ondents and agents to cease and desist from formally signing the MOA-AD+ 6ourt also reCuired Sol!ento submit to the court and $etitioners the official co$y of the MOA-AD

/+ 5 A"g"s' 48 2scheduled signing date for the final form of Memorandum of Agreement on the AncestralDomain As$ect of the Tri$oli Agreement on #eace (MOA-AD)

B+ 15 44 49 A"g"s' 481 cases ere heard on oral argument ith the folloing issues discussed

a+ :hether the $etitions ha"e become moot and academici+ &nsofar as mandamus is concerned in "ie of the disclosure of the official co$ies of

the MOA-ADii+ &nsofar as $rohibition as$ect is concerned if consultation has become fait accompli

ith the finalization of the draftb+ :hether the constitutionality and legality of the MOA is ri$e for ad;udicationF

c+ :hether res$ondent committed gra"e abuse of discretion amounting to e*cess or lac of;urisdiction hen it negotiated and initiated the MOA "is-I-"is &SS


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#arties !%# (used interchangeably ith 685T%A' !O78%5M85T) and the M&'

Main body is di"ided into four (E) strands 6O568#TS A5D #%&56'8S, T8%%&TO%,

%8SO


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o Defines relationshi$ of 6entral !o"ernment and ?38 as Gassociati"eH 'ta(e note of this as this

)ill !e an issue tac(led later on*characterized by shared authority and res$onsibility

o #ro"ides that $ro"isions reCuiring Gamendments to the e*isting legal frameorH shall tae

effect u$on signing of the com$rehensi"e com$act and u$on effecting the aforesaidamendments ith due regard to the non-derogation of $rior agreements and ithin thesti$ulated timeframe to be indicated in the com$rehensi"e com$act 'ta(e note as the legalit

of this pro#ision is one of the main points of the contro#ers + #iolates Constitution*o ?38 can build, de"elo$, maintain on institutions (baning, education, legislation, ;udiciary

etc+) details ill be discussed in the negotiation of the com$rehensi"e com$act

Anne*ed to the MOA-AD are documents containing the lists and ma$s of the $laces included under

6ategories A and ? mentioned under T8%%&TO%

ISSamboanga and $etitioners-in-inter"ention #ro"ince of Sultan Kudarat, 6ity of&sabela and Munici$ality of 'inamon ha"e locus standi in "ie of the #$,%' an#

s"7s'an'$a& $n"( '6a' '6,( as LG>, as '6,$ ',$'o$,s a, 'o 7,

$n%&"#,# $n '6, $n',n#,# #oma$n o> '6, B!E

#etitioners allege that they did not "ote for their inclusion

Maceda, ?inay, #imentel &&& ould ha"e no standing for their failure to s$ecify thatthey ould ha"e rights that ill be denied or that there is a astage of $ublic funds

?


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&nter"enor Mar %o*as has standing as his $remise is that he is a member of the

Senate and a citizen ($ublicJs right to be informed on the MOA-AD) and has genuine

legal interest in the matter in litigation ($ersonally, e no idea hy the last one gi"eshim standing)

&nter"enors 'o$ez, %idao, !omez, and ?u*ani failed to allege any $ro$er legal

interest in the $resent $etitions

Muslim Multi-Sectoral Mo"ement for #eace and De"elo$ment and Muslim 'egalAssistance oundation may be $re;udiced and therefore they ha"e standing

%. MOOTNESS

CO R$g6's as $s %om+&$m,n',# 7( S,%'$on 48 A'$%&, II ,%&aa'$on o>

P$n%$+&,s an# S'a', Po&$%$,s )s+&,n#$# s(mm,'(D $n '6, ;o#s o> Comm$ss$on, B&as

O+&,*

&t is a self-e*ecutory constitutional right ('egaz$i "+ 6i"il Ser"ice 6ommission)

There can be no realistic $erce$tion and $artici$ation by the $ublic of the nationJs

$roblems nor meaningful democratic decision-maing if the $ublic is denied accessof information of general interest (?aldoza "+ 3udge Dimaano)

The MOA-AD is a matter of $ublic concern, and matters of $ublic concern co"ered

by the right to information contem$lates inclusion of ste$s and negotiations leadingto the consummation of the contract transaction (6ha"ez "+ #8A)

8ffecti"ity of the $olicy of $ublic disclosure need not ait for a $assing of a statute+

%es$ondents cannot $oint to the absence of an im$lementing legislation as ane*cuse in not effecting such $olicy (merely $ro"ided for Greasonable safeguardsH inthe im$lementation but not a necessity for the $olicy to be in effect)

7. T6,, +,'$n,n' &a;s EO No. 3 R,+"7&$% A%' No. 1 )Lo%a& Gov,nm,n' Co#,* an#R,+"7&$% A%' No. 831 )IPRA* an$ma', +,'$'$on,s $g6' 'o 7, %ons"&',# on '6, +,a%,

ag,n#a %oo&&a( 'o '6, %ons'$'"'$ona& $g6' 'o $n>oma'$on an# #$s%&os",.

E.O. No. 3

1. &n the $erambulatory clauses (the first :@8%8AS clauses in the 8O) it isstated that there is a need to enhance contribution of 6SOs by

institutionalizing $eo$leJs $artici$ation

/ Moot and academic argument not applicable if;5here is gra&e &iolation of constitutionb$ Situation is of e'ceptional character and paramount public interest is in&ol&edc$ onstitutional issue raised re7uires formulation of controlling principles to guide the bench, the bar and the publicd$ ase is capable of repetition #et e&ading re&iew

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4. 8numerates res$onsibilities of the #A## such as conducting regulardialogues ith the 5ational #eace orum and other $eace $artners

Lo%a& Gov,nm,n' Co#,

1. %eCuires all national offices to conduct consultations before any $ro;ect or$rogram critical to en"ironment and human ecology hich the MOA-ADfalls under as it "ests onershi$ of a "ast territory to the ?angsamoro $eo$le

hich could result to the dias$ora of a great number of inhabitants from thesaid en"ironment

IPRA

1. 8ntails the obser"ance of $rior informed consent of the indigenous culturalcommunities (&66s) and indigenous $eo$les (s) (under %A)

PAPP %omm$'',# gav, a7"s, o> #$s%,'$on

1. 5o consultation lac of information 1 cannot in"oe Ge*ecuti"e $ri"ilegeHdoctrine/since co$ies of the MOA-AD ere gi"en u$on reCuest of the 6ourtanyay

4. 'aced $rior consent informing of &66s and indigenous $eo$les s (under

%A)3. MOA AD recognition of ancestral domains seems to delineate ancestral

domains hich %A does not grant the 8*ecuti"e De$artment thusres$ondents clearly transcended the boundaries of their authority

III. /HETHER OR NOT THE CONTENTS OF THE MOA0A ARE IN VIOLATION OF THE

CONSTIT


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1. 5o $ro"ince, city or munici$ality has an Gassociati"eH relationshi$ ith thenational go"ernment

4. 6ourt says Ge"en the mere conce$t of animating many of the MOA-ADJs

$ro"isions already reCuire for the amendment of constitutional $ro"isions,such as in Article QH

I' v$o&a',s o> a n"m7, o> a'$%&,s $n '6, Cons'$'"'$on

1. Article Q, Section 24 (defines the $oers of autonomous regions)

Section 24+ :ithin its territorial ;urisdiction and sub;ect to the $ro"isions ofthis 6onstitution and national las, the organic act of autonomous regionsshall $ro"ide for legislati"e $oers o"er

() Administrati"e organizationF(2) 6reation of sources of re"enuesF

***(0) Such other matters as may be authorized by la for the $romotion of thegeneral elfare of the $eo$le of the region+ (


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4. 6ha$ter 7&& Section /2 of the %A lays don a detailed $rocedure in thedelineation and recognition of ancestral domains hich is not hat is in theMOA-AD

MOA-AD sim$ly states in #aragra$h T8%%&TO%, GLthe ?angsamorohomeland and historic territory refer to the land mass as ell as the

maritime * * * embracing the Mindanao-Sulu-#alaan geogra$hic region+H

T6, s"s+,ns$v, %&a"s,D $n '6, MOA0A $s

case digest for g.r. no. 183591 province of n.cot v. grp

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