The Bangsamoro Juridical Entity MoA: High Crime?
With the fighting having erupted over the weekend in North Cotabato, the need for a resolution of the constitutionality of the disputed, and TRO’d, Memorandum of Agreement on Ancestral Domain between the Arroyo Regime and the Moro Islamic Liberation Front has taken on a truly urgent nature. (In excess of 100,000 people have been forced to flee their homes.)
Four days from now the Supreme Court will convene in full to hear the oral arguments of the petitioners against the MoA-AD led by local officials of North Cotabato and Zamboanga City (possibly joined by Senator Roxas who is filing a motion to intervene today) and the reply from government as represented by Solicitor General Agnes Devanadera, armed presumably with the inputs from the negotiating panel of Malacanang, Justice Secretary Raul Gonzales, and presidential legal adviser Sergio Apostol.
Last week legal eagles like retired Justice Isagani Cruz and Dean Raul Pangalangan also detailed their reservations against the MoA-AD.
I do not know if the two gentlemen will be asked by the Supremed Court to submit briefs and appear as amicus curiae on the 15th of August but we do pray their views will also get factored into the raging national debate.
This writer is not a lawyer. But I am a Filipino and a taxpayer so I hope I am equally entitled to say how I feel.
I dare say Mrs. Gloria Macapagal Arroyo is about to commit or may have already committed treason against the Republic.
May I also now share here the points related to me by former U.P. College of Law dean and former undersecretary of foreign affairs Merlin Magallona yesterday. His points:
“1. The MoA-AD, as drafted and initialed by the members of the Philippine side and concurred to by their MILF counterparts and a Malaysian government representative standing as ‘mediator’ is in complete derogation of constitutionalism;
2. The Executive, acting through the Peace Panel, is way in gross trespass of the separation of powers;
3. Acts executed against the provisions of mandatory and prohibitory laws are void except when the law itselfauthorizes their validity;
4. Power and authority in the MoA-AD are way out of constitutional limitations with the Executive having exercised authoity not defined by the fundamental law;
5. The MoA-AD was initiated by foreign interests;
6.The Bangsamoro Juridical Entity is not a person in law and has no juridical capacity to act;
7. The MoA-AD involves the abdication of sovereign powers;
8. The sovereignty question is not a matter for a plebiscite as it in itself is a question of constitutionality;
9. The plan is premised on the Bangsamoro’s ‘reversion’ to a supposed sovereign state antedating the Republic;
10. Charter change being mentioned as necessary for the MoA to be implemented seeks, in reality, to remove the nationality requirement in the exploitation of natural resources.
The ten points laid down, it was also noted in this writer’s extended interview that it may be that the quid pro quo in the proposed peace pact with the MILF is not simply the issue of ancestral domain, but actually control of the reputed huge reservoir of natural gas deep in the Cotabato Liguasan marsh plus the territorial waters within the expanse of the expanded ARMM that will constitute the Bangsamoro Juridical Entity.
THE REPUBLIC IS, INDEED, IN GRAVE PERIL.
Note: Latest reports say that with the fighting entering its second day more and more people are fleeing their homes with the number of refugees now in excess od 100,00.
(Cross-posted at FilipinoVoices.com)