Province of Cotabato vs. GRP, G.R. No.
183591, October 14, 2008
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
People’s 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
HELD:
Yes. 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. 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 people’s participation in the peace process.
