Beruflich Dokumente
Kultur Dokumente
183591
2/4/2015 3 Comments
-vs-
Facts:
MOA-AD Overview
This is an agreement to be signed by the GRP and the MILF. Used as
reference in the birth of this MOA-AD are the Tripoli Agreement,
organic act of ARMM, IPRA Law, international laws such as ILO
Convention 169, the UN Charter etc., and the principle of Islam i.e
compact right entrenchment (law of compact, treaty and order). The
body is divided into concepts and principles, territory, resources, and
governance.
And lastly in the governance, the MOA-AD claims that the relationship
between the GRP and MILF is associative i.e. characterized by shared
authority and responsibility. This structure of governance shall be
further discussed in the Comprehensive Compact, a stipulation which
was highly contested before the court. The BJE shall also be given the
right to build, develop and maintain its own institutions, the details of
which shall be discussed in the comprehensive compact as well.
Issues:
1. WON the petitions have complied with the procedural requirements
for the exercise of judicial review
Ruling:
At all events, the Court has jurisdiction over most if not the rest of
the petitions. There is a reasonable expectation that petitioners will
again be subjected to the same problem in the future as respondents'
actions are capable of repetition, in another or any form. But with
respect to the prayer of Mandamus to the signing of the MOA-AD,
such has become moot and academic considering that parties have
already complied thereat.
With respect to the ICC/IPPs they also have the right to participate
fully at all levels on decisions that would clearly affect their lives,
rights and destinies. The MOA-AD is an instrument recognizing
ancestral domain, hence it should have observed the free and prior
informed consent to the ICC/IPPs; but it failed to do so. More specially
noted by the court is the excess in authority exercised by the
respondent—since they allowed delineation and recognition of ancestral
domain claim by mere agreement and compromise; such power cannot be
found in IPRA or in any law to the effect.
3rd issue: With regard to the provisions of the MOA-AD, there can be
no question that they cannot be all accommodated under the present
Constitution and laws. Not only its specific provisions but the very
concept underlying them: