PROVINCE OF NORTH COTABATO v GRP The external defense of the BJE is to remain

Peace Panel the duty and obligation of the Central

Government. The sharing between the
Central Government and the BJE of total
Facts:
production pertaining to natural resources is
to be 75:25 in favor of the BJE.
In pursuit of peace in Mindanao, the
Philippine Government and MILF agreed to
The BJE may modify or cancel the forest
undergo peace talks. The fruit of the talks is
concessions, timber licenses, contracts or
the Memorandum of Agreement on the
agreements, mining concessions, Mineral
Ancestral Domain (MOA-AD). The parties
Production and Sharing Agreements (MPSA),
were about to sign the agreement but
Industrial Forest Management Agreements
petitioners filed for Mandamus and
(IFMA), and other land tenure instruments
Prohibition with Prayer for the Issuance of
granted by the Philippine Government,
Writ of Preliminary Injunction and Temporary
including those issued by the present ARMM.
Restraining Order. The Court issued the TRO.

The MOA-AD describes the relationship of

The MOA-AD essentially would create a
the Central Government and the BJE as
Bangsamoro Juridical Entity (BJE), which
“associative”, characterized by shared
would result to an associative relationship (a
authority and responsibility.
state within a state). The contents of the
agreement in question are as follows:
The MOA-AD provides that its provisions
requiring “amendments to the existing legal
Inclusion of the ARMM provinces and other
framework” (pertaining to the Constitution
areas in Mindanao in the BJE. The authority
and related substantive laws) shall take
and jurisdiction over the Ancestral Domain
effect upon signing of the Comprehensive
and Ancestral Lands of the Bangsamoro.
Compact and upon effecting the aforesaid
Jurisdiction over all natural resources within
amendments, with due regard to the non-
its “internal waters”
derogation of prior agreements and within
the stipulated timeframe to be contained in
Sharing of minerals on the territorial waters the Comprehensive Compact.
between the Central Government and the
BJE, in favor of the latter, through production
Issue:
sharing and economic cooperation
agreement. The MOA-AD states that the BJE
is free to enter into any economic Whether or not the MOA-AD is constitutional.
cooperation and trade relations with foreign (NO)
countries and shall have the option to
establish trade missions in those countries.
Ruling:
Main: The MOA-AD cannot be reconciled with exercise of the people’s right to be consulted
the present Constitution and laws. Not only on relevant matters relating to the peace
its specific provisions but the very concept agenda.
underlying them, namely, the associative
relationship (a state within a state)
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.

While there is a clause in the MOA-AD stating

that the provisions thereof inconsistent with
the present legal framework will not be
effective until that framework is amended,
the same does not cure its defect. The
inclusion of provisions in the MOA-AD
establishing an associative relationship
between the BJE and the Central
Government is, itself, a violation of the
Memorandum of Instructions from the
President, dated March 1, 2001, addressed
to the government peace panel. Moreover,
as the clause is worded, it virtually
guarantees that the necessary amendments
to the Constitution and the laws will
eventually be put in place. Neither the GRP
Peace Panel nor the President herself is
authorized to make such a guarantee.
Upholding such an act would amount to
authorizing a usurpation of the constituent
powers vested only in Congress, a
Constitutional Convention, or the people
themselves through the process of initiative,
for the only way that the Executive can
ensure the outcome of the amendment
process is through an undue influence or
interference with that process.

At least three pertinent laws animate these

constitutional imperatives and justify the