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>NORTH COTABATO VS. GRP GR NO. 183591
>FACTS: The Memorandum of Agreement on the Ancestral Domain (MOA-AD) brought about by the
Government of the republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) as
an aspect of Tripoli Agreement of Peace in 2001 is scheduled to be signed in Kuala Lumpur, Malaysia.
This agreement was petitioned by the Province of North Cotabato for Mandamus and Prohibition with
Prayer for the Issuance of Writ of Preliminary Injunction and Temporary Restraining Order. The
agreement mentions Bangsamoro Juridical Entity (BJE) to which it grants the authority and
jurisdiction over the Ancestral Domain and Ancestral Lands of the Bangsamoro; authority and
jurisdiction over all natural resources within internal waters. The agreement is composed of two local
statutes: the organic act for autonomous region in Muslim Mindanao and the Indigenous Peoples
Rights Act (IPRA).
ISSUE: Whether or not the GRP violated the Constitutional and statutory provisions on public
consultation and the right to information when they negotiated and initiated the MOA-AD and
Whether or not the MOA-AD brought by the GRP and MILF is constitutional
HELD:GRP violated the Constitutional and statutory provisions on public consultation and the right to
information when they negotiated and initiated the MOA-AD and it are unconstitutional because it is
contrary to law and the provisions of the constitution thereof.
REASONING: The GRP is required by this law to carry out public consultations on both national and
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REASONING: The GRP is required by this law to carry out public consultations on both national and
local levels to build consensus for peace agenda and process and the mobilization and facilitation of
peoples participation in the peace process.
Article III (Bill of Rights)
Sec. 7. The right of people on matters of public concern shall be recognized, access to official records
and to documents and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development shall be afforded the citizen, subject to
such limitations as may be provided by law.
Article II
Sec. 28. Subject to reasonable conditions prescribed by law , that state adopts and implements a policy
of full public disclosure of all its transactions involving public interest.
LGC (1991), require all national agencies and officers to conduct periodic consultations. No project or
program be implemented unless such consultations are complied with and approval mus be obtained.
Article VII (Executive Department)
Sec. 21. No treaty or international agreement shall be valid and effective unless concurred in by at least
two-thirds of all the Members of the Senate.
Article X. (Local Government)
Sec. 1. The territorial and political subdivisions of the Republic of the Philippines are the province, cities,
municipalities and barangays. There shall be autonomous regions on Muslim Mindanao and the
Cordillera as hereinafter provided.
Sec. 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures and other relevant characteristics within
the framework of this constitution and the national sovereignty as well as territorial integrity of the
Republic of the Philippines.
Section 16. The President shall exercise general supervision over autonomous regions to ensure that
laws are faithfully executed.
Sec. 18. The creation of autonomous region shall be effective when approved by a majority of the votes
cast by the constituents units in a plebiscite called for the purpose, provided that only provinces, cities
and geographic areas voting favourably in such plebiscite shall be included in the autonomous region.
Sec. 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national
laws, the organic act of autonomous regions shall provide for legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources;
4. Personal, family, and property relations;
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5. Regional urban and rural planning development;
6. Economic, social, and tourism development;
7. Educational policies;
8. Preservation and development of the cultural heritage; and
9. Such other matters as may be authorized by law for the promotion of the general welfare of the
people of the region.
The President has sole authority in the treaty-making.
ARTICLE XVII (AMENDMENTS OR REVISIONS)
Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
1. The Congress, upon a vote of three-fourths of all its Members; or
2. A constitutional convention.
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid
when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty
days nor later than ninety days after the approval of such amendment or revision.
MOA-AD states that all provisions thereof which cannot be reconciled with the present constitution and
laws shall come into force upon signing of a comprehensive compact and upon effecting the necessary
changes to the legal framework. The presidents authority is limited to proposing constitutional
amendments. She cannot guarantee to any third party that the required amendments will eventually
be put in place nor even be submitted to a plebiscite. MOA-AD itself presents the need to amend
therein.
**To see the original copy of this case, follow this link
(http://www.lawphil.net/judjuris/juri2008/oct2008/gr_183591_2008.html)
84WEDZF69WJF
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