SC asked to stop government from signing MOA with MILF

MANILA, Philippines – Sen. Manuel Roxas II yesterday filed a motion for intervention and asked the Supreme Court to stop the government from signing the controversial Memorandum of Agreement on Ancestral Domain (MOA-AD) with the separatist Moro Islamic Liberation Front (MILF) because it could trigger war and violence in Mindanao.

In his 21-page petition, Roxas also asked the Court to issue a writ of mandamus and compel the respondents in the case to reveal the contents of the agreement.

“The GRP-MILF MOA was prepared and finalized without adequate public consultations and transparency, bordering on treachery, in violation of the public’s constitutional right to information,” said Roxas.

He also argued that the GRP-MILF MOA, if signed, would illegally create the Bangsamoro homeland and a central authority called the Bangsamoro Juridical Entity (BJE), which will have authority and jurisdiction over the same granted powers of a sovereign state in violation of the Constitution.

He said this would create a state within the Philippine state.

“If, indeed, the GRP-MILF MOA committed to the creation of the BJE and the Bangsamoro homeland, without going through the constitutional requirements, then the same must be deemed an anomaly so fatal which cannot be cured except by striking the same as invalid,” Roxas added.

Roxas stressed, however, that he is only against the MOA but not against the peace process in Mindanao.

“We are for peace, but not for ‘peace at any price,’ not peace with a gun to our heads. If there is a peace agreement, it must go through the proper procedures and consultations, not just between the government and the MILF but with the citizens of Mindanao,” he added.

At the Senate, Sen. Juan Ponce Enrile said the portion in the MOA that gives the MILF authority over the so-called Bangsamoro Juridical Council “is a very dangerous provision.”

“There are many things such as the provision which says that the ancestral domain is outside the public domain, not even the state can make that statement,” he said, adding that he supports the military and police’s effort to quash the rebellion in areas in North Cotabato.

No problem

But Malacañang said it was not bothered by the move of Roxas to strengthen the case against the MOA.

“Senator Roxas is within his right to intervene in pending case with two litigants and there is a third party and you file a motion for intervention,” said Press Secretary Jesus Dureza.

However, Dureza reiterated his call for Roxas’ new staff member, former chief government negotiator Sivestre Afable, to explain to him first the details of the MOA. 

According to Dureza, Afable was one of those who crafted the contested MOA.

“We welcome Sen. Roxas’ effort because it will increase the efforts to clarify the issue,” he said.

Unconstitutional

In another petition, former Senate president and Liberal Party (LP) national chairman Frank Drilon and United Opposition (UNO) spokesperson Adel Tamano also asked the SC to permanently bar the Philippine panel from entering into an agreement with the MILF, on the ground that it violates the Constitution.

Drilon said he filed his petition to raise the constitutionality issue of the MOA since the earlier SC petitions filed against it only raised the issue of “non-consultation with the public.”

“This was understandable because when the North Cotabato officials filed their petition, they were not yet given a copy of the MOA. Thus, their lawyers were unable to question the unconstitutionality of its provisions,” Drilon explained.

Unless permanently barred by the court, Drilon said the members of the GRP panel would be acting “beyond their constitutional authority and jurisdiction and represents a grave abuse of discretion amounting to a lack of jurisdiction.”

Drilon and Tamano said in their petition that their interest in the case was material and direct. Last Aug. 4, the Court, acting on the petitions filed by the officials of North Cotabato and Zamboanga City, issued a temporary restraining order on the signing of the MOA and set the issue for oral arguments on Friday.

The GRP-MILF MOA on ancestral domain was supposed to have been signed in Malaysia last Aug. 5 by the chairmen of the Government of the Republic of the Philippines (GRP) and MILF peace panels.

Named respondents in the petitions earlier filed by officials of North Cotabato and Zamboanga City were the GRP peace panel on ancestral domain represented by Secretary Rodolfo Garcia, lawyers Leah Armamento, Sedfrey Candelaria and Mark Ryan Sullivan, and retired General Hermogenes Esperon, the Presidential Adviser on the Peace Process.

Nullify MOA

Former senator Francisco “Kit” Tatad and former congressman Homobono Adaza also joined the clamor to nullify the MOA, arguing that the SC should issue a permanent injunction to give the President chance to come up with the best solution.

Speaking before the Balitaan sa Tinapayan news forum held in Sampaloc, Manila, Adaza said he did not join moves to oust the President because he believe that best solution is for Mrs. Arroyo to address the problems on corruption, poverty, unemployment and political hitches and the MOA between the government and the MILF.

“Our president and her advisers should exercise some degree of intelligence and civility,” he said.

Tatad, on the other hand, said any MOA should be within the framework of the Constitution. He also expressed fears that the MOA would not attain peace but will actually ignite a civil war in Mindanao.

Adaza also expressed admiration for the courage shown by North Cotabato Vice Gov. Emmanuel Piñol in bringing the matter to the Supreme Court.

Piñol had asked the High Court to nullify the deal that would expand the existing ARMM and give its future government wide political and economic powers.

‘Misunderstood’

Piñol hogged the limelight recently after publicly denouncing the MOA and accusing Esperon of allegedly telling him that the military will not help North Cotabato in case another armed conflict arises.

However, Esperon denied this allegation and claimed that he only told North Cotabato officials to leave the fighting to the police and the military in case of armed conflict since these are the legitimate and lawful authorities tasked to enforce and implement the law and not armed civilians.

“Until now I cannot recall telling my kumpadre, Vice Governor Piñol, that I and particularly the military will not help North Cotabato in case armed conflict arises as a result of them not helping the peace process,” Esperon told participants of the 4th Mindanao Media Summit held at the Waterfront Insular Hotel in Davao City which concluded recently.

Esperon recalled that at one time during the Executive Consultative Meeting held at the North Cotabato Provincial Capitol, he turned down requests by some officials to help residents procure ammunitions.

“And since they are asking for ammunitions, I suspect there are firearms already and so I asked whether they are licensed or not,” Esperon said, emphasizing that he cannot recall having conversed with Piñol on the phone or during one of the meetings with the North Cotabato official.

He clarified that the supposed signing of the MOA is not the final agreement for the peace process, as it will undergo a plebiscite first.

He also said that all processes in the peace negotiations between the GRP and the MILF are within the framework of the Constitution.

Esperon said he shares common aspirations with local government officials opposing the current peace process to finally solve the Bangsamoro issues and conflict that will bring lasting peace and development in Mindanao.

However, he said he was saddened by the information that reached him that he and some members of the GRP peace panel were declared persona non-grata by some local government units affected by the BJE provisions.

Esperon and another member of the GRP panel, professor Rudy Rodil, said they respect the SC’s issuance of TRO. – With reports from Sandy Araneta, Ben Serrano, Paolo Romero, Jose Rodel Clapano, Christina Mendez