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An AP report said that Christian politicians protesting the accord have warned that an enlarged Muslim homeland couldspark renewed sectarian violence.

"It's a setback," presidential spokesman Jesus Dureza said of the court's decision.

Rebel spokesman Eid Kabalu also called the decision a setback, adding that his group remained committed to peace

talks. But Kabalu said he did not know how rebel commanders, already restive in the last few months because of frequent deadlocks in talks, would react to the court's decision.

A Philippine delegation led by Foreign Secretary Alberto Romulo had boarded flights to Malaysia's capital, KualaLumpur, for the event when the decision was issued, prompting the Manila government to abruptly cancel theceremony.

The MILF, the largest of at least four Muslim rebels groups, has an estimated 11,000 armed fighters. It has been battling for self-rule in the predominantly Roman Catholic nation's volatile south for decades.

It has been accused by the Philippine military and police of providing sanctuary and terror training grounds to al-Qaeda-linked militants, including those from the Indonesia-based Jema'ah Islamiyah, in their southern junglestrongholds. But the group has strongly denied the accusations.

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.

Esperon denied accusations that the government was giving away territory to 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."

US and Philippine officials hope a peace accord could transform the resource-rich southern Philippines into a bustlingeconomic hub instead of a breeding ground of terrorists. - Amita Legaspi and Johanna Camille Sisante, AP,GMANews.TV

Palace delivers final blow on ancestral land deal

By : William B. Depasupil, Reporter Manila Times8 September 2008 | 12:10 AM

THE Office of the Solicitor General has submitted to the Supreme Court the officialMalacaang communication formally dissolving the government peace panel thatnegotiated with the Moro Islamic Liberation Front (MILF).

This is expected to boost the governments position that the controversial Memorandumof Agreement on Ancestral Domain has become moot and academic.

Chief Justice Reynato Puno directed Solicitor General Agnes Devanadera to submit thesaid document at the conclusion of the High Courts oral argument on the agreement onAugust 28, along with the final draft of the agreement and the travel authorities of Hermogenes Esperon, the presidential adviser on peace panel, and Rodolfo Garcia, headof the government peace panel.

The Malacaang memorandum, signed by Executive Secretary Eduardo Ermita, wasforwarded by the Solicitor General to the High Tribunal on September 4.

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Ermitas memorandum, which was addressed to Esperon, came out on September 3. Itwas attached as Annex-A in the Solicitor Generals seven-page manifestation.

Please be informed that the President has dissolved the Negotiating Panel of theGovernment of the Philippines [GRP] with the Moro Islamic Liberation Front headed by

Ret. Gen. Rodolfo Garcia effective immediately, Ermitas memorandum read.

Merely recommendatory

The Solicitor General, in its manifestation, also stated the President is consistent withthe respondents position that the powers of the GRP negotiating panel are merelyrecommendatory and that the Memorandum of Agreement on Ancestral Domain will nolonger be signed in pursuant to the memorandum of the Executive Secretary datedAugust 28, 2008.

Devanadera told the High Court during the oral argument the agreement was a mere

codification of points of consensus and a process in continuum. In the end, it willstill have to be approved by President Gloria Arroyo.

The High Court spokesman, lawyer Jose Midas Marquez, said the Presidents order thatdissolved the government peace panel is also expected to be tackled by the Court when itwill deliberate on the petitions filed against the agreement, and the motion of the Solicitor General.

Petitioners wanted the High Court to issue a ruling on the constitutionality of theagreement.

However, the High Court also ordered the petitioners, which include the provincialgovernment of North Cotabato and city governments of Zamboanga and Iligan, to submittheir respective memoranda within 20 days, starting August 28, the last day of the oralargument.

Marquez said that there were many possibilities as to what the Court will do owing to thecomplexity of the issue.

There were a lot of points raised during the oral argument. One possibility is for theCourt to decide whether the issue has been mooted or not with the declaration of Malacaang that it will not sign anymore the agreement, Marquez said.

But Marquez also pointed out it is also a possible the High Court might just issue aresolution, similar to what it did with the scrapped $329-million national broadband dealwith ZTE Corp. of China.

The agreement on ancestral domain was supposed to be signed August 5 in Malaysia bythe government panel and the MILF if not for a temporary restraining order issued by theHigh Court on August 4.

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The Solicitor General admitted during the oral argument that if the agreement was signed,it would have compelled the Arroyo government to drastically amend the Constitution.

Saturday, August 23, 2008

SC hangs action on petitions vs MOA-AD

THE Supreme Court (SC) on Friday deferred action on the motion of the Office of theSolicitor General (OSG) to moot all petitions opposing the memorandum of agreement onancestral domain (MOA-AD) until the government categorically stated that it will no longer signthe pact with the Moro Islamic Liberation Front (MILF).

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At the resumption of the oral arguments on petitions questioning the constitutionality of the MOA-AD, Chief Justice Reynato Puno directed Solicitor General Agnes Devanadera to submit aconsolidated reply to all the supplemental motions opposing her motion to dismiss the petitionsnot later than Tuesday next week.

"Acting on the plea of the OSG and the parties, the Court resolves that the OSG should file aconsolidated reply to the various Oppositions on Tuesday before 12 noon so that the motion willbe properly considered in the Court en banc session," Puno said.

Puno also ordered the OSG to submit the draft of the controversial MOA, which has been initialedby members of both negotiating panels on Tuesday. The oral arguments will resume next Friday,at 9 a.m.

Devanadera said while it is withdrawing from the signing of the controversial MOA in its presentform, the government is not closing its doors from the peace process with the secessionist groupand vowed to course the matter through the Legislative-Executive Development and AdvisoryCouncil (Ledac).

"Circumstances have changed and therefore after discussion and the assessment, the executivehas already come up with a final decision on this that the MOA will not be signed. There is nomore act that will be restrained, therefore the petition must be dismissed," she said in an interviewwith reporters.

She pointed out that the heavy fighting in Mindanao between the military and the alleged "lost"command of the MILF symbolizes the violation of the ceasefire agreement.

Although it may be too late, Devanadera said government is still conducting consultations withleaders of provinces that will be affected by the expansion of the Autonomous Region in MuslimMindanao (Armm), which shall be called the Bangsamoro Juridical Entity (BJE).

After the consultations, the government will certify as urgent a bill, which will identify the specific

local government units and provinces that will be included in the proposed expanded Armm.

Israelito Torreon, lawyer for petitioner North Cotabato Province represented by Governor JesusSacdalan and Vice Governor Emmanuel Piol, said the high court should rule on theconstitutionality of the MOA-AD despite the government's decision to abandon the agreement.

Torreon said while the Provincial Government is supportive of the peace process, it takeexceptions to the fact that its leaders were not consulted about the province's inclusion in the BJEunder the MOA-AD.

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He said the province is not amenable to the dismissal of the petitions as there has been no"unequivocal" statement from the government that there will be no signing of the MOA in thefuture with similar terms.

"This is an opportunity for the Court to pass upon the formulation of the MOA, whether or not it isin accordance with the Constitution and to provide guidance to the Court and the governmentpanel in case it decides to sign a new MOA with the MILF or other groups," Torreon said.

The lawyer said that granting without admitting that the petitions have been rendered mootbecause of the government's withdrawal from the signing of the MOA, the SC should still rulewhether constitutional provisions have been violated, or to rule whether respondent governmentexceeded its jurisdiction in initialing the MOA.

Torreon pointed out that the SC is also called to rule upon the exceptional character of thesituation and to give the panel a guiding principle when it negotiates with the MILF anew.

"Sovereignty resides in the people. There was no authority on the government panel becausethere was no consultation. The contract is void. Consultations should have been made at alllevels," he said.

But Associate Justice Antonio Eduardo Nachura pointed out that technically, there is noagreement yet to nullify.

Torreon then argued that as the agreement bore the initials of the members of the governmentand MILF peace negotiating panels, it was also enforceable and was only stopped by the court'sissuance of a temporary restraining order last August 4.

He noted that some provisions of the MOA are perfected agreements and have been initialedalready, which according to him is in violation of the Constitution. He further said the agreementwas crafted in secrecy by the government and that the people of North Cotabato only knew of theagreement last July 14.

The initialed MOA, he said, formalized the proceeding.

Among the executory provisions cited by Torreon was the government's commitment to conduct aplebiscite within one year after the signing of the agreement, and that the BJE can conductforeign relations. He also said that there are questions about provisions in the MOA regarding thesharing in the natural resources under the BJE.

Torreon also urged the SC to declare that the MOA-AD is null and void on the ground of havingviolated the Constitution as the MILF has expressed its belief that the agreement is already a"done deal" with the initializing of the text.

"There are provisions enforceable. If the MOA is signed, all provisions will be enforceable andthus will be considered a definitive position on how to deal with the MILF. The consultation wouldhave worked to help government know its limits and parameters in negotiating," he said.

(ECV/Sunnex)

Saturday, August 16, 2008 Senators slam OSG for trying to reset hearingBy Efren L. Danao, Senior Reporter

Senators slammed the move of the Office of the Solicitor General to delay the Supreme Court hearing on

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the memorandum of agreement between the government and the Moro Islamic Liberation Front (MILF).

The High Tribunal denied the motion of the Solicitor General, but this did not stop the senators on Fridayfrom questioning why the motion was filed in the first place.

It was clear that the government legal panel could not provide a clear explanation for the actions of thegovernment negotiating panel, Sen. Mar Roxas said.

He said the government had enough time to study the agreement so it could not validly claim that it wasunprepared to defend it.

Sen. Panfilo Lacson said that even if the hearing is postponed a number of times, the government wouldstill be incapable of defending the patently unconstitutional agreement.

The governments move to delay the hearing proved that it not prepared and that it is not hidingsomething, Sen. Francis Escudero said.

Sen. Alan Peter Cayetano was puzzled why the government opposed the issuance of the temporaryrestraining order on the signing of the agreement when it was not even prepared to defend the agreement.

If the government cannot defend the MOA [memorandum of agreement], then it should scrap the MOAand start negotiating a new one, Cayetano said.

The government and the MILF were set to sign an agreement on the contentious issue of ancestral domain,during ceremonies on August 5 in Malaysia. But the Supreme Court issued a restraining order, after localgovernment officials in Mindanao filed a petition asking the court to first compel the government todisclose the contents of the agreement.

From Positive News Media

Main NewsGovt seeks review of controversial Memorandum of Agreement with MILFByAug 21, 2008 - 7:17:05 AM

MANILA, Aug. 21 (PNA) -- The Office of the Solicitor General (OSG) has submitted a manifestation to theSupreme Court (SC) calling for a further review of the Memorandum of Agreement (MOA) on Ancestral Domain to move forward the peace talks between the Government of the Republic of thePhilippines (GRP) and the Moro Islamic Liberation Front (MILF) and finally bring lasting peace in Mindanao.

In his weekly media briefing in Malacanang, Executive Secretary Eduardo Ermita said Solicitor GeneralAgnes Devanadera submitted the manifestation to the Supreme Court yesterday.

We were informed by the Solicitor General that they have presented a manifestation before theSupreme Court that there will be further review of the existing documents, especially the MOA with theend in view of moving negotiations that would lead to the drafting of the final peace agreement, Ermita said.

The Executive Secretary said that in her manifestation Devanadera pointed out that the two partiesexplained that the realization of the MILF aspiration for a Bangsamoro homeland shall be achievedonly by complying with the existing legal processes such as the enactment of appropriate legislation oramendment of the Constitution itself as well as the holding of a plebiscite.

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Ermita, clarified that the MOA is still not a final agreement since it is subject to certain conditions thathave to be complied with.

The issuance of the SC of a temporary restraining order (TRO), coupled by present condition in someareas of Mindanao, dictates that the MOA in its present form must undergo review, he said.

Ermita said the Executive Department will pursue further negotiations leading to the crafting of a finalpeace agreement within the context of the Constitution.

He said the Supreme Court has an oral argument on the GRP-MILF MOA on Friday to thresh out the issuesat bar at the soonest time possible. (PNA)

Copyright 2004 by Positive News Media

Nothing to be declared unconstitutional, OSG says to SC

After the Decision of the Supreme Court on October 14 declaring the abortedMemorandum of Agreement on Ancestral Domain (MOA-AD) contrary to law and the Constitution,the Office of the Solicitor General filed a Constancia (Spanish word for a matter of record) to

convey to the High Court that there is nothing to be declared unconstitutional since the ExecutiveDepartment has earlier on decided that the MOA-AD will not be signed in its present form or in anyother form. In addition, the Executive Department also disbanded the Government of the Republicof the Philippines (GRP) Peace Panel.

Solicitor General Devanadera earlier asked the High Court to dismiss all petitions filedagainst the MOA-AD because the issues raised in these petitions have become moot andacademic in view of the Presidents decision to abandon the MOA-AD and to adopt disarmament,demobilization, and reintegration (DDR) as its overall strategy in providing solution to the violencein Mindanao.

In its Constancia filed on November 3, Devanadera stated that there is no act, effect or consequence of the said MOA-AD that is to be obliterated with the declaration of itsunconstitutionality as it had never come to life and had never come into existence at all. Lookingback, the supposed signing of the MOA-AD scheduled on August 5 in Kuala Lumpur, Malaysiawas put into a halt with the Temporary Restraining Order (TRO) issued by the SC. Several morepetitions were filed against the MOA-AD and oral arguments were held in view of these petitions.

Devanadera also said that the SCs ruling by a narrow 8-7 vote is a pyrrhic ruling asthere is nothing more to order, amend or enforce. According to her, this is evident in thedispositive portion of the decision, which gave due course to the petition and declared the MOA-AD as unconstitutional without affording further specific reliefs to petitioners. This she considersas a clear manifestation of the mootness of the cases.

But Devanadera cleared that the Executive is not in complete disagreement with the SCsruling and this can be gleaned from the Executives move to abandon the assailed MOA-AD evenbefore the SC issued its decision last October 14. Their only apprehension is the repercussion of this decision on the doctrine of separation of powers.

Since the MOA-AD was just a draft and has not been and will never be signed and wascompletely abandoned, the action of the SC to declare the MOA-AD unconstitutional is clearly anencroachment on the power of the Executive, thus exposing the Executive Department topossible embarrassment and ridicule in the eyes of gloating petitioners, including the internationalcommunity, Devanadera explained.

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Devanadera agrees with the opinion of Associate Justice Brion that the peace and order problems of Mindanao are essentially matters for the Executive to address and rather thancomplicate the issues further with judicial pronouncements that may have unforeseen or unforeseeable effects on the present fighting and on the solutions already being applied [by theExecutive Department], the SC should exercise restraint as the fears immediately generated by asigned and concluded MOA-AD have been addressed and essentially laid to rest. ( By: Erika Joy C. Arcillas, OSG Web Team )Oral arguments on MOA on Ancestral Domaincontinues

The court battle on the controversial Memorandum of Agreement on Ancestral Domain is

set to resume tomorrow, 22 August 2008. The Supreme Court decided to set the continuation of the oral argument a week after its original schedule of August 15 in anticipation of the petitions tobe filed by other concerned sectors.

During the August 15 hearing, counsel for intervenors former Senate President FranklinDrilon and United Opposition Spokesperson Atty. Adel Tamano, confirmed the Solicitor Generalsstance that the MoA-AD is not a final agreement as it still has to comply with certain conditions.

Three days before the continuation of the oral argument, the Office of the Solicitor General (OSG) filed a Manifestation and Motion maintaining that the present condition in someareas in Mindanao necessitates a thorough review of the MoA-AD. In fact, the ExecutiveDepartment will pursue further negotiations with the MILF to address the issues hurled againstthe MoA-AD. Such further negotiations entail consultation with various stakeholders, includingthose who will be affected by the expansion of the present Autonomous Region in MuslimMindanao (ARMM). Hence, the dismissal of the petitions is only but proper.

It can be remembered that on the eve of the signing of the MoA-AD between theGovernment Peace Panel (GRP) and the Moro Islamic Liberation Front (MILF), the High Courtissued a Temporary Restraining Order (TRO) enjoining the signing of the MoA-AD and setting thepetitions filed by the Province of North Cotabato and the City Government of Zamboanga for oral

argument. Claiming their right to be furnished a copy of the memorandum, petitioners anchor their petitions on the constitutionally guaranteed right to information in consonance with thegovernments policy on full public disclosure.

Two more petitions seeking to declare the memorandum unconstitutional were also filedby Drilon and Tamano and by the Municipality of Linamon, Lanao del Norte, as intervenors.

Earlier in its Comment, Solicitor General Agnes VST Devanadera argued that there is nograve abuse of discretion on the part of the GRP Peace Panel because the right of the people toinformation regarding the ongoing negotiations on the MoA-AD is subject to legal limitations.Likewise, said negotiations are covered by the doctrine of executive privilege because theypartake of the nature of diplomatic negotiations, disclosure of which could subvert military or diplomatic objectives. Further the MoA-AD per se is neither a final nor a self-executingagreement, but a mere codification of consensus points reached by the GRP-Peace Panel andthe MILF, the realization of which could only be achieved by Congressional intervention,amendment of the Constitution, and the holding of a plebiscite. Hence, the petitions should bedismissed for being premature. ( By: Erika Joy C. Arcillas, with reports from the legal division of

Assistant Solicitor General Vida G. San Vicente )

Sol Gen asks SC to dismiss petitions against MOA-AD

Solicitor General Agnes VST Devanadera yesterday filed a Manifestation and Motionpraying that the Supreme Court order the dismissal of petitions seeking to nullify the Memorandum

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of Agreement on Ancestral Domain (MOA-AD) between the government and the Moro IslamicLiberation Front (MILF).

In the Manifestation Sol Gen Devanadera explained that circumstances have changedfrom the time of the intended signing of the MOA in Malaysia. According to her, fighting in some

areas in Muslim Mindanao had resurfaced led by some disgruntled groups of the MILF followingthe filing of various petitions questioning the constitutionality of the MOA. Just recently, it was reported that some 40 civilians lost their lives after a group of MILF

attacked some towns in Lanao del Norte. Sol Gen Devanadera also said that the issuance by the Supreme Court of a temporary

restraining order that stalled the signing of the MoA last 05 August 2008, coupled by the presentcondition in some areas in Mindanao dictate that the MOA, in its present form, must undergo athrough review. She even pointed out that the Executive Department will pursue further negotiations with the MILF to address the issues hurled against the MOA and that these further negotiations with MILF necessitate consultation with various stakeholders, including those whowill be affected by the expansion of the present Autonomous Region in Muslim Mindanao.

By pursuing further negotiations with the MILF, Sol Gen Devanadera added that the

Executive Department is clearly not insensitive to the views expressed by the Justices of theSupreme Court during the oral arguments held 15 August 2008.

The SC directed the petitioners to comment on the Manifestation and Motion not later than 21 August at 4:30pm. The oral arguments will continue on Friday, 22 August 2008. ( By:Erika Joy C. Arcillas, OSG Web Team )