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CATEGORY ARCHIVES: NORTH COTABATO VS.

GOVERNMENT GRP CASE BRIEFS DIGEST
PHILIPPINE JURISPRUDENCE G.R.NO. 183591
POLITICAL LAW MOA-AD BJE BANGSAMORO
MILF
>NORTH COTABATO VS. GRP GR NO. 183591
Posted on May 7, 2010 by krizsexzy

>FACTS: The Memorandum of Agreement on the Ancestral Domain (MOA-AD)

brought about by the Government of the republic of the Philippines (GRP) and the Moro
Islamic Liberation Front (MILF) as an aspect of Tripoli Agreement of Peace in 2001 is
scheduled to be signed in Kuala Lumpur, Malaysia.
This agreement was petitioned by the Province of North Cotabato for Mandamus and
Prohibition with Prayer for the Issuance of Writ of Preliminary Injunction and
Temporary Restraining Order. The agreement mentions Bangsamoro Juridical Entity
(BJE) to which it grants the authority and jurisdiction over the Ancestral Domain and
Ancestral Lands of the Bangsamoro; authority and jurisdiction over all natural resources
within internal waters. The agreement is composed of two local statutes: the organic act
for autonomous region in Muslim Mindanao and the Indigenous Peoples Rights Act
(IPRA).

ISSUE: Whether or not the GRP violated the Constitutional and statutory provisions on
public consultation and the right to information when they negotiated and initiated the
MOA-AD and Whether or not the MOA-AD brought by the GRP and MILF is
constitutional
HELD:GRP violated the Constitutional and statutory provisions on public consultation
and the right to information when they negotiated and initiated the MOA-AD and it are
unconstitutional because it is contrary to law and the provisions of the constitution
thereof.
REASONING: The GRP is required by this law to carry out public consultations on
both national and local levels to build consensus for peace agenda and process and the
mobilization and facilitation of peoples participation in the peace process.
Article III (Bill of Rights)
Sec. 7. The right of people on matters of public concern shall be recognized, access to
official records and to documents and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for policy development
shall be afforded the citizen, subject to such limitations as may be provided by law.
Article II
Sec. 28. Subject to reasonable conditions prescribed by law , that state adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.
LGC (1991), require all national agencies and officers to conduct periodic consultations.
No project or program be implemented unless such consultations are complied with and
approval mus be obtained.
Article VII (Executive Department)
Sec. 21. No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.
Article X. (Local Government)
Sec. 1. The territorial and political subdivisions of the Republic of the Philippines are the
province, cities, municipalities and barangays. There shall be autonomous regions on
Muslim Mindanao and the Cordillera as hereinafter provided.
Sec. 15. There shall be created autonomous regions in Muslim Mindanao and in the
Cordilleras consisting of provinces, cities, municipalities and geographical areas sharing

common and distinctive historical and cultural heritage, economic and social structures
and other relevant characteristics within the framework of this constitution and the
national sovereignty as well as territorial integrity of the Republic of the Philippines.
Section 16. The President shall exercise general supervision over autonomous regions to
ensure that laws are faithfully executed.
Sec. 18. The creation of autonomous region shall be effective when approved by a
majority of the votes cast by the constituents units in a plebiscite called for the purpose,
provided that only provinces, cities and geographic areas voting favourably in such
plebiscite shall be included in the autonomous region.
Sec. 20. Within its territorial jurisdiction and subject to the provisions of this
Constitution and national laws, the organic act of autonomous regions shall provide for
legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources;
4. Personal, family, and property relations;
5. Regional urban and rural planning development;
6. Economic, social, and tourism development;
7. Educational policies;
8. Preservation and development of the cultural heritage; and
9. Such other matters as may be authorized by law for the promotion of the general
welfare of the people of the region.
The President has sole authority in the treaty-making.
ARTICLE XVII (AMENDMENTS OR REVISIONS)
Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
1. The Congress, upon a vote of three-fourths of all its Members; or
2. A constitutional convention.
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof
shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than ninety days after the approval of such
amendment or revision.

MOA-AD states that all provisions thereof which cannot be reconciled with the present
constitution and laws shall come into force upon signing of a comprehensive compact
and upon effecting the necessary changes to the legal framework. The presidents
authority is limited to proposing constitutional amendments. She cannot guarantee to
any third party that the required amendments will eventually be put in place nor even be
submitted to a plebiscite. MOA-AD itself presents the need to amend therein.
**To see the original copy of this case, follow this link
84WEDZF69WJF

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Posted in north cotabato vs. government grp case briefs digest philippine jurisprudence g.r.no.
183591 political law moa-ad bje bangsamoro milf. Bookmark the permalink.

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