(Updated 3:50 p.m.) MANILA, Philippines - The Supreme Court on Tuesday declared the ancestral domain agreement between the government and the Moro Islamic Liberation Front (MILF) as “unconstitutional."
The Supreme Court voted 8-7 against the Memorandum of Agreement on Ancestral Domain (MOA-AD), which was opposed by several local government officials in Mindanao led by North Cotabato Vice Governor Emmanuel Piñol.
“The failure of the respondents to consult the local government units or communities affected constitutes a departure by respondents from their mandate under E.O. [Executive Order] No. 3," the 90-page decision penned by Justice Conchita Carpio-Morales stated.
“Moreover, respondents exceeded their authority by the mere act of guaranteeing amendments to the Constitution," it added.
Aside from Morales, those who opined the memorandum to be unconstitutional were Chief Justice Reynato Puno, and Justices Consuelo Ynares-Santiago, Antonio Carpio, Adolfo Azcuna, and Ruben Reyes. Also joining the majority were Senior Justice Leonardo Quisumbing and Ma. Alicia Austria-Martinez.
In its ruling, the High Court also stressed that any alleged violation of the Constitution by any branch of government should be subjected under judicial review.
The remaining seven justices, meanwhile, said that the petitions against the MOA-AD should be dismissed because the agreement is already considered moot after the government withdrew from it.
The seven magistrates from the minority position included Justices Dante Tinga, Minita Chico-Nazario, Presbitero Velasco Jr, Antonio Eduardo Nachura, Teresita Leonardo-de Castro, Arturo Brion, and Renato Corona.
The decision directed the respondents to conduct public consultations first as prescribed by the people’s right to information.
“Respondents and their agents are enjoined from signing and executing the same or similar agreements, in accordance with the discussions embodied in the decision," the ruling added.
To recall, the MOA-AD signing was scheduled on August 5, 2008 in Kuala Lumpur, Malaysia, but the court issued a stay order a day before the event based on a petition by Piñol.
The North Cotabato governor, along with the other petitioners, questioned the lack of disclosure and public consultation on the deal prior to the scheduled signing.
President Gloria Macapagal Arroyo said the government will no longer sign the domain deal, in light of the series of attacks staged by suspected MILF elements in a number of Mindanao provinces last month.
The atrocities were allegedly triggered after the Supreme Court ordered a temporary restraining order against the signing of the homeland pact.
Peace talks in Mindanao were also threatened after the government dissolved its peace panel following the hostilities in southern Philippines and the brouhaha that surrounded the botched signing of the MOA-AD. source
The Supreme Court voted 8-7 against the Memorandum of Agreement on Ancestral Domain (MOA-AD), which was opposed by several local government officials in Mindanao led by North Cotabato Vice Governor Emmanuel Piñol.
“The failure of the respondents to consult the local government units or communities affected constitutes a departure by respondents from their mandate under E.O. [Executive Order] No. 3," the 90-page decision penned by Justice Conchita Carpio-Morales stated.
“Moreover, respondents exceeded their authority by the mere act of guaranteeing amendments to the Constitution," it added.
Aside from Morales, those who opined the memorandum to be unconstitutional were Chief Justice Reynato Puno, and Justices Consuelo Ynares-Santiago, Antonio Carpio, Adolfo Azcuna, and Ruben Reyes. Also joining the majority were Senior Justice Leonardo Quisumbing and Ma. Alicia Austria-Martinez.
In its ruling, the High Court also stressed that any alleged violation of the Constitution by any branch of government should be subjected under judicial review.
The remaining seven justices, meanwhile, said that the petitions against the MOA-AD should be dismissed because the agreement is already considered moot after the government withdrew from it.
The seven magistrates from the minority position included Justices Dante Tinga, Minita Chico-Nazario, Presbitero Velasco Jr, Antonio Eduardo Nachura, Teresita Leonardo-de Castro, Arturo Brion, and Renato Corona.
The decision directed the respondents to conduct public consultations first as prescribed by the people’s right to information.
“Respondents and their agents are enjoined from signing and executing the same or similar agreements, in accordance with the discussions embodied in the decision," the ruling added.
To recall, the MOA-AD signing was scheduled on August 5, 2008 in Kuala Lumpur, Malaysia, but the court issued a stay order a day before the event based on a petition by Piñol.
The North Cotabato governor, along with the other petitioners, questioned the lack of disclosure and public consultation on the deal prior to the scheduled signing.
President Gloria Macapagal Arroyo said the government will no longer sign the domain deal, in light of the series of attacks staged by suspected MILF elements in a number of Mindanao provinces last month.
The atrocities were allegedly triggered after the Supreme Court ordered a temporary restraining order against the signing of the homeland pact.
Peace talks in Mindanao were also threatened after the government dissolved its peace panel following the hostilities in southern Philippines and the brouhaha that surrounded the botched signing of the MOA-AD. source
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