PROVINCE OF COTABATO VS.

THE GOV’T OF THE RP PEACE PANEL ON ANCESTRAL

DOMAIN
G.R. No. 183591
October 14,2008
CHICO-NAZARIO, J.

Facts: Subject of this case is a peace negotiation document, namely the Memorandum of Agreement on
the Ancestral Domain Aspect of the GRP-MILP Tripoli Agreement of Peace of 2001 (MOA). The
Solicitor-General (SG) stated that the said document was just a classification of consensus points reached
between the Peace Panels of both Moro Islamic Liberation Front (MILF), and the Government of the
Republic of the Philippines (GRP). In addition, MILF also sought a Bangsamoro homeland. Subsequently,
the SG also moved for the dismissal of the consolidated case at bar by the reason of the Executive
Department’s statement that it would no longer sign the MOA which, rendered them moot.

Issue: Whether or not the Solicitor General’s petition to move for the dismissal of the case at bar be
approved due to the fact that the MOA’s state of being rendered moot is not substantial to the court’s
requirement for exercising their power of adjudication.

Ruling: The Supreme Court declared that as long as any proposed amendment is still unacted upon, there
is no room for interposition of judicial oversight. Only after the MOA has made concrete what it intends to
submit for ratification, may the appropriate case be instituted Until then, the courts are devoid of
Jurisdiction. As regards to the issue, SC upheld that there is a need for the exercise of judicial review. The
power of Adjudication is limited to actual cases or controversy, that the court will decline issues that are
moot, hypothetical, feigned problems, or mere academic questions. The argument of the solicitor General
is that there is no issue suitable for adjudication since the MOA is only a proposal and does not automatically
create legally demandable rights and obligations. Thus, Justice Chico-Nazario voted for the Solicitor
General’s motion to dismiss GRANTED and accordingly, the DISMISSAL of the case at bar for being
MOOT and ACADEMIC.

L-1900166