Supreme Court to tackle stalled ancestral domain agreement

MANILA, Philippines - The Supreme Court will hear Friday debates on the process leading to the halted signing of a territory agreement between the state and Moro Islamic Liberation Front (MILF). The signing was supposed to be held on Aug. 5 in Kuala Lumpur, Malaysia, but the court issued a stay order a day before the event based on a petition by North Cotabato Vice-Governor Emmanuel F. Piñol that questioned the lack of disclosure and public consultation on the deal prior to the scheduled signing. Local officials from Zamboanga and Iligan cities have filed a similar case. The memorandum of agreement (MoA) on ancestral domain seeks to expand the Autonomous Region in Muslim Mindanao (ARMM) through a plebiscite that will be held in 712 villages in Palawan province and in some Mindanao provinces. The expanded ARMM will make up a Muslim homeland called the Bangsamoro Juridical Entity (BJE), in which the MILF would have greater fiscal, political and religious authority. The Supreme Court, in an advisory, said the deliberations Friday would tackle "whether the constitutionality and the legality of the agreement are ripe for adjudication." Issues In an advisory, the court said the issues are: * whether the government committed grave abuse of discretion when it negotiated and initiated the agreement; * whether there was violation of the people’s right to information on matters of public concern; * whether by signing the agreement, the government will be binding itself to creating the BJE as a separate state; and * whether the desistance from signing the agreement derogates any prior valid commitments of the government. Senator Manuel A. Roxas II, former Senate President Franklin M. Drilon and United Opposition spokesman Adel Tamano have filed motions for intervention to raise the issue of constitutionality, noting the deal may create a state separate from the republic. Ready "We are prepared to present our case," said Mr. Piñol. He said they have long been waiting for a briefing with the government. North Cotabato officials have been opposing their inclusion in the BJE, the core of which is the ARMM. Aside from portions of North Cotabato, the other province in Central Mindanao included in Category A of the MoA on ancestral domain is Sultan Kudarat. A plebiscite shall be held for areas under Category A 12 months after the parties sign the memorandum of agreement. Sultan Kudarat Governor Datu Suharto T. Mangudadatu said the provincial board has approved a resolution opposing the inclusion of portions of the province to the BJE. Mayor Ramon M. Abalos of Lambayong town, Sultan Kudarat, also president of the League of Municipalities in Mindanao, called on national leaders to reconsider their position on the ancestral domain. Lambayong will be included in the BJE. "We were caught by surprise. There has been no consultation that we will be included [in the proposed Bangsamoro homeland]," Mr. Abalos said. The aborted signing of the memorandum of agreement on ancestral domain was blamed for recently concluded hostilities between the military and Moro rebels in North Cotabato. Fierce skirmishes displaced about 160,000 civilians who are now slowly starting to return to their villages after clearing operations were conducted by the military. Color it red Meanwhile, red was the dominant color in Zamboanga City Thursday. Mayor Celso L. Lobregat said red signified the city’s "strong protest" against the inclusion of its 40 villages in the BJE. Red ribbons were hanged on lampposts along the city’s major roads, while red ribbons were tied in front of commercial establishments and on vehicles, including thousands of tricycles that serve the city’s commuters. As this developed, the Liga ng Barangays, an association of village chiefs in the city, have approved a resolution opposing the city’s inclusion in the BJE. — Ira P. Pedrasa, Romer S. Sarmiento and Darwin T. Wee, BusinessWorld