The Province of North Cotabato, et. al.

, petitioners,
vs.
The Government Of The Republic Of The Philippines
Peace Panel On Ancestral Domain (Grp), et. al., respondents.

G.R. NO. 183591 October 14, 2008

This is a consolidation of the cases G.R. No. 183591 The Province of North Cotabato vs.
The Government of The Republic of The Philippines Peace Panel on Ancestral Domain (GRP), G.R. No.
183752 City Government of Zamboanga vs. The Government of The Republic of The Philippines Peace
Panel on Ancestral Domain (GRP), G.R. No. 183893 The City of Iligan vs. The Government of The Republic
of The Philippines Peace Panel on Ancestral Domain (GRP), G.R. No. 183951 The Provincial Government
of Zamboanga Del Norte vs. The Government of The Republic of The Philippines Peace Panel on Ancestral
Domain (GRP), and G.R. No. 183962 Ernesto M. Maceda, Jejomar C. Binay, And Aquilino L. Pimentel III vs.
The Government of The Republic of The Philippines Peace Panel on Ancestral Domain (GRP).

Facts:

Overview of MOA-AD with regards to Territory

The territory of the Bangsamoro homeland is described as the land mass as well as the maritime,
terrestrial, fluvial and alluvial domains, including the aerial domain and the atmospheric space above it,
embracing the Mindanao-Sulu-Palawan geographic region.

Article I
National territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.

 The Government of The Republic of The Philippines (GRP) and the Moro Islamic Liberation Front
(MILF) started the long process of peace negotiations in 1996.
 The objections against the MOA-AD center on the extent of the powers conceded therein to the
Bangsamoro Juridicial Entity (BJE).
 The MOA-AD contains many provisions which are consistent with the international legal concept
of association, specifically:

The BJE's capacity to enter into economic and trade relations with foreign
countries, the commitment of the Central Government to ensure the BJE's
 participation in meetings and events in the ASEAN and the specialized UN
agencies, and the continuing responsibility of the Central Government over
external defense.

 Association is referred to in paragraph 3 on territory, paragraph 11 on resources, and paragraph

4 on governance. The concept of association is not recognized under the present Constitution
 Keitner and Reisman state that an association is formed when two states of unequal power
voluntarily establish durable links. In the basic model, one state, the associate, delegates certain
responsibilities to the other, the principal, while maintaining its international status as a state.
 The provisions of the MOA indicate that the Parties aimed to vest in the BJE the status of
an associated state or, at any rate, a status closely approximating it.

Issue:

Whether or not the Memorandum of Agreement on the Ancestral Domain violates the constitution and
the laws.

Ruling:

Yes, the MOA-AD is unconstitutional.

The Memorandum of Agreement on the Ancestral Domain aspect of the GRP-MILF Tripoli agreement on
peace of 2001 is declared contrary to law and the Constitution.

The MOA-AD cannot be reconciled with the present constitution and laws. Not only its specific
provisions but the very concept underlying them, namely, the associative relationship envisioned
between the GRP and the BJE, are unconstitutional, for the concept presupposes that the associated
entity is a state and implies that the same is on its way to independence.