Province of North Cotabato vs The Government of the Republic

of the Philippines, G.R. No. 183591, October 14, 2008

The MOA-AD is a result of various agreements entered into by and between the government and
the MILF starting in 1996; then in 1997, they signed the Agreement on General Cessation of
Hostilities; and the following year, they signed the General Framework of Agreement of Intent
on August 27, 1998. However, in 1999 and in the early of 2000, the MILF attacked a number of
municipalities in Central Mindanao. In March 2000, they took the hall of Kauswagan, Lanao del
Norte; hence, then Pres. Estrada declared an all-out war-which tolled the peace negotiation. It
was when then Pres. Arroyo assumed office, when the negotiation regarding peace in Mindanao
continued. MILF was hesitant; however, this negotiation proceeded when the government of
Malaysia interceded. Formal peace talks resumed and MILF suspended all its military actions.
The Tripoli Agreement in 2001 lead to the ceasefire between the parties. After the death of MILF
Chairman Hashim and Iqbal took over his position, the crafting of MOA-AD in its final form
was born.

 MOA-AD Overview

This is an agreement to be signed by the GRP and the MILF. Used as reference in the birth of
this MOA-AD are the Tripoli Agreement, organic act of ARMM, IPRA Law, international laws
such as ILO Convention 169, the UN Charter etc., and the principle of Islam i.e compact right
entrenchment (law of compact, treaty and order). The body is divided into concepts and
principles, territory, resources, and governance.

Embodied in concepts and principles, is the definition of Bangsamoro as all indigenous peoples
of Mindanao and its adjacent islands. These people have the right to self- governance of their
Bangsamoro homeland to which they have exclusive ownership by virtue of their prior rights of
occupation in the land. The MOA-AD goes on to describe the Bangsamoro people as "the ‘First
Nation' with defined territory and with a system of government having entered into treaties of
amity and commerce with foreign nations." It then mentions for the first time the "Bangsamoro
Juridical Entity" (BJE) to which it grants the authority and jurisdiction over the Ancestral
Domain and Ancestral Lands of the Bangsamoro.

As defined in the territory of the MOA-AD, the BJE shall embrace the Mindanao-Sulu-Palawan
geographic region, involving the present ARMM, parts of which are those which voted in the
inclusion to ARMM in a plebiscite. The territory is divided into two categories, “A” which will
be subject to plebiscite not later than 12 mos. after the signing and “B” which will be subject to
plebiscite 25 years from the signing of another separate agreement. Embodied in the MOA-AD
that the BJE shall have jurisdiction over the internal waters-15kms from the coastline of the BJE
territory; they shall also have "territorial waters," which shall stretch beyond the BJE internal
waters up to the baselines of the Republic of the Philippines (RP) south east and south west of
mainland Mindanao; and that within these territorial waters, the BJE and the government shall
exercise joint jurisdiction, authority and management over all natural resources. There will also
be sharing of minerals in the territorial waters; but no provision on the internal waters.

Included in the resources is the stipulation that the BJE is free to enter into any economic
cooperation and trade relations with foreign countries and shall have the option to establish trade
missions in those countries, as well as environmental cooperation agreements, but not to include
aggression in the GRP. The external defense of the BJE is to remain the duty and obligation of
the government. The BJE shall have participation in international meetings and events" like
those of the ASEAN and the specialized agencies of the UN. They are to be entitled to
participate in Philippine official missions and delegations for the negotiation of border
agreements or protocols for environmental protection and equitable sharing of incomes and
revenues involving the bodies of water adjacent to or between the islands forming part of the
ancestral domain. The BJE shall also have the right to explore its resources and that the sharing
between the Central Government and the BJE of total production pertaining to natural resources
is to be 75:25 in favor of the BJE. And they shall have the right to cancel or modify concessions
and TLAs.

And lastly in the governance, the MOA-AD claims that the relationship between the GRP and
MILF is associative i.e. characterized by shared authority and responsibility. This structure of
governance shall be further discussed in the Comprehensive Compact, a stipulation which was
highly contested before the court. The BJE shall also be given the right to build, develop and
maintain its own institutions, the details of which shall be discussed in the comprehensive
compact as well.

Issues:

1. WON the petitions have complied with the procedural requirements for the exercise of judicial
review

2. WON respondents violate constitutional and statutory provisions on public consultation and
the right to information when they negotiated and later initialed the MOA-AD; and

3. WON the contents of the MOA-AD violated the Constitution and the laws

Ruling:

The SC declared the MOA-AD contrary to law and the Constitution.

 On the Procedural Issue

1st issue: As regards the procedural issue, SC upheld that there is indeed a need for the exercise
of judicial review.
The power of judicial review is limited to actual cases or controversy, that is the court will
decline on issues that are hypothetical, feigned problems or mere academic questions. Related to
the requirement of an actual case or controversy is the requirement of ripeness. The contention of
the SolGen is that there is no issue ripe for adjudication since the MOA-AD is only a proposal
and does not automatically create legally demandable rights and obligations. Such was denied.

The SC emphasized that the petitions are alleging acts made in violation of their duty or in grave
abuse of discretion. Well-settled jurisprudence states that acts made by authority which exceed
their authority, by violating their duties under E.O. No. 3 and the provisions of the Constitution
and statutes, the petitions make a prima facie case for Certiorari, Prohibition, and Mandamus,
and an actual case or controversy ripe for adjudication exists. When an act of a branch of
government is seriously alleged to have infringed the Constitution, it becomes not only the right
but in fact the duty of the judiciary to settle the dispute. This is aside from the fact that concrete
acts made under the MOA-AD are not necessary to render the present controversy ripe and that
the law or act in question as not yet effective does not negate ripeness.

With regards to the locus standi, the court upheld the personalities of the Province of Cotabato,
Province of Zamboanga del norte, City of Iligan, City of Zamboanga, petitioners in intervention
Province of Sultan Kudarat, City of Isabela and Municipality of Linnamon to have locus standi
since it is their LGUs which will be affected in whole or in part if include within the BJE.
Intervenors Franklin Drilon and Adel Tamano, in alleging their standing as taxpayers, assert that
government funds would be expended for the conduct of an illegal and unconstitutional
plebiscite to delineate the BJE territory. On that score alone, they can be given legal standing.
Senator Mar Roxas is also given a standing as an intervenor. And lastly, the Intervening
respondents Muslim Multi-Sectoral Movement for Peace and Development, an advocacy group
for justice and the attainment of peace and prosperity in Muslim Mindanao; and Muslim Legal
Assistance Foundation Inc., a non-government organization of Muslim lawyers since they stand
to be benefited or prejudiced in the resolution of the petitions regarding the MOA-AD.

On the contention of mootness of the issue considering the signing of the MOA-AD has already
been suspended and that the President has already disbanded the GRP, the SC disagrees. The
court reiterates that the moot and academic principle is a general rule only, the exceptions,
provided in David v. Macapagal-Arroyo, that it will decide cases, otherwise moot and academic,
if it finds that (a) there is a grave violation of the Constitution; (b) the situation is of exceptional
character and paramount public interest is involved; (c) the constitutional issue raised requires
formulation of controlling principles to guide the bench, the bar, and the public; and (d) the case
is capable of repetition yet evading review; and that where there is a voluntary cessation of the
activity complained of by the defendant or doer, it does not divest the court the power to hear
and try the case especially when the plaintiff is seeking for damages or injunctive relief.

Clearly, the suspension of the signing of the MOA-AD and the disbandment of the GRP did not
render the petitions moot and academic. The MOA-AD is subject to further legal enactments
including possible Constitutional amendments more than ever provides impetus for the Court to
formulate controlling principles to guide the bench, the bar, the public and, in this case, the
government and its negotiating entity.

At all events, the Court has jurisdiction over most if not the rest of the petitions. There is a
reasonable expectation that petitioners will again be subjected to the same problem in the future
as respondents' actions are capable of repetition, in another or any form. But with respect to the
prayer of Mandamus to the signing of the MOA-AD, such has become moot and academic
considering that parties have already complied thereat.