PROVINCE OF COTABATO vs GRP PEACE PANEL ON ANCESTRAL

DOMAIN et al.
GR. 183591; OCTOBER 14, 2008

FACTS:

In pursuit of peace in Mindanao, the Philippine Government and MILF agreed to

undergo peace talks. The fruit of the talks is the Memorandum of Agreement on the Ancestral
Domain (MOA-AD). The parties were about to sign the agreement but petitioners filed for
Mandamus and Prohibition with Prayer for the Issuance of Writ of Preliminary Injunction and
Temporary Restraining Order. The Court issued the TRO.
The MOA-AD essentially would create a Bangsamoro Juridical Entity (BJE), which would
result to an associative relationship (a state within a state). The contents of the agreement in
question are as follows:
· Inclusion of the ARMM provinces and other areas in Mindanao in the BJE
· The authority and jurisdiction over the Ancestral Domain and Ancestral Lands of the
Bangsamoro
· Jurisdiction over all natural resources within its “internal waters”
· Sharing of minerals on the territorial waters between the Central Government and the BJE,
in favor of the latter, through production sharing and economic cooperation agreement.
· The MOA-AD states 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.
· The external defense of the BJE is to remain the duty and obligation of the Central
Government.
· 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.|| 
· The BJE may modify or cancel the forest concessions, timber licenses, contracts or
agreements, mining concessions, Mineral Production and Sharing Agreements (MPSA),
Industrial Forest Management Agreements (IFMA), and other land tenure instruments granted
by the Philippine Government, including those issued by the present ARMM.
· The MOA-AD describes the relationship of the Central Government and the BJE as
“associative”, characterized by shared authority and responsibility.
· The MOA-AD provides that its provisions requiring “amendments to the existing legal
framework” (pertaining to the Constitution and related substantive laws) shall take effect upon
signing of the Comprehensive Compact and upon effecting the aforesaid amendments, with
due regard to the non-derogation of prior agreements and within the stipulated timeframe to
be contained in the Comprehensive Compact

ISSUE:

• Whether or not the MOA-AD is constitutional

RULING:

• No, The MOA-AD cannot be reconciled with the present Constitution and laws. Not
only its specific provisions but the very concept 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