THE PROVINCE OF NORTH COTABATO V.

THE GOVERNMENT OF THE REPUBLIC OF

THE PHILIPPINES PEACE PANEL ON
ANCESTRAL DOMAIN (G.R. NO. 183591,
OCTOBER 14, 2008)

FACTS
The provinces of North Cotabato, Zamboanga Del Norte,
Sultan Kudarat and he cities of Zamboanga, Iligan and
Isabela, through their duly elected government officials,
filed a petition to the Supreme Court, assailing the
Memorandum of Agreement on the Ancestral Domain
(MOA-AD) between the Republic of the Philippines and
MILF. Several senators also intervened as petititoners in
this case. The petitions were docketed separately and
were consolidated for this matter.

The MOA-AD between the Philippines and MILF provides for

an agreement to establish an exclusive territory for the
Bangsamoro people in the Mindanao-Sulu-Palawan area,
averring the rights of indigenous people on their ancestral
domain.
The assailed MOA-AD includes several provisions akin to the
establishment of a nation-state rather than an autonomous
region.

 Defined territory known as Bangsamoro Juridical

Entity (BJE), which includes terrestrial, fluvial,
alluvial, aerial domains, etc.
Right to self-governance
Jurisdiction over all natural resources in internal
waters
Requiring of amendments to the Philippines'
existing legal framework after both parties
had signed the agreement

Petitioners do not want to become a part of the BJE.

They also object the State's actions as to the assailed
memorandum because there was no consultation with the
LGUs of the areas that will be affected by the
memorandum should it take effect, now with any
government agency or the public for that matter.
There was no consultation between the State and IP and
ICCs as well.

ISSUE

Whether or not the MOA-AD is contrary to the

IPRA
Whether or not the MOA-AD is unconstitutional

RULING
The MOA-AD is contrary to the IPRA as to the delineation
and recognition of ancestral domains.
Section 52 of IPRA provides:
b.) Petition for Delineation
The process of delineating a specific perimeter may be
initiated by the NCIP with the consent of the ICC/IPP
concerned, or through a Petition for Delineation filed
with the NCIP, by a majority of the members of the
ICCs/IPs;

c.) Delineation Proper

The official delineation of ancestral domain boundaries
including census of all community members
therein, shall be immediately undertaken by the
Ancestral Domain Office upon filing of the application by
the ICCs/IPs concerned. Delineation will be done in
coordination with the community concerned and shall
at all times include genuine involvement and
participation by the members of the communities
concerned.

The IPRA provides for clear-cut procedure for the

recognition and delineation of ancestral domain, which
entails, among other things, the observance of the free
and prior informed consent of the Indigenous Cultural
Communites ot Indigenous People. Notably, the statute
does not grant the Executive Department or any
government agency the power to delineate and
recognize an ancestral domain claim by mere
agreement or compromise.
In sum, the Presidential Adviser on the Peace Process
committed grave abuse of discretion when he failed to
carry out the pertinent consultation process.

The MOA-AD is unconstitutional due to the following

matters:
Violation of right to information on matters of public
concern
The concept of associated entity as a state is not
recognized by the Constitution (a State cannot exist
within a State)
BJE is a far more powerful enity than the
autonomous region recognized by the Constitution
For more information regarding the
unconstitutionality of the MOA-AD, please read the
case.

The Court issued a Temporary Restraining Order

enjoining the Government of the Republic of the
Philippines from signing the Memorandum of Agreement
on Ancestral Domain with the MILF.
WHEREFORE, respondents' motion to dismiss is DENIED.
The main and intervening petitioners are GIVEN DUE
COURSE and hereby GRANTED.