NORTH COTABATO v. GOVT.

PEACE PANEL Bangsamoro RP Negotiating Panel entered

into a MOA-AD (Ancestral Domain) w/ MILF for creation of Bangsamoro Juridical Entity (BJE):
- recognizing the Bangsamoro peoples right to self-governance
- empowers it to enter into trade relations w/ foreign states
- ensuring its participation in international meetings (ASEAN, UN, etc) on border
agreements and other related matters
- granting it rights to internal waters and territorial waters and sharing of
minerals/economic resources w/ national government over the latter (3:1 in favor of BJE)
- joint jurisdiction over territorial waters, but exclusive jurisdiction over internal waters, w/
full right to exploit resources therein
- guaranteeing that it will secure its territory against foreign invasion
- stating that Bangsamoro ancestral domain not part of the public domain (treated as
Bangsamoro homeland)
- practically treats BJE as an associated state in international law (a transitional device
leading to full independence as exemplified by Micronesia & Mashall Islands w/ respect
to US)
SC Ruling: UNCONSTITUTIONAL!

Concept of associated state not recognized by the Constitution, implies powers

that go beyond anything that may be validly granted to LGUs under the Consti.
Violated Art. X, Sec. 1 (no such creature under Consti. as BJE) only province, city,
municipality, barangay, & autonomous regions recognized
Violated Art. X, Sec. 15 creation of autonomous regions [assuming it even was
one] must be consistent w/ national sovereignty & territorial integrity (both violated
by BJE)
BJE was practically a sovereign state w/in context of Montevideo Convention
(elements: people, territory, government, sovereignty all satisfied)
Various municipalities automatically included in it w/o plebiscite (just bec. they
agreed to be part of ARMM, doesn't mean that they agree to be part of BJE, must have
new plebiscite)
Cannot possibly be covered by Art. X, Sec. 20 (9) such other matters as may be
authorized by law... imbues BJE w/ diplomatic & treaty-making powers w/c are solely
vested in the President, cannot simply be granted to BJE by law
Violates Art. II, Sec. 22 promotes rights of indigenous cultural communities, but must
not be inconsistent w/ national unity (in this case, defeats national unity, causes division)
Violates Organic Act of ARMM recognizes all Moros & Indigenous peoples of
Mindanao to be accepted as Bangsamoros indiscriminately, against the classifications
found in Organic Act of ARMM
Violates Indigenous Peoples Rights Act violates clear procedures necessary to
constitute ancestral domains, instead arbitrarily delineates them
Violates international law indigenous people only have right to internal selfdetermination, does not obligate states to grant them near-independent status of an
associated state
True that president has power to conduct peace negotiations (unstated residual
powers) she may consider implementation of policies requiring statutory/constitutional
amendment, but cannot unilaterally implement them w/o assent of Congress, she
may only recommend them. But in this case, she is binding the RP under international
law to implement them (in fact w/ a deadline). This is unconstitutional!