(MOA-AD) The Province of North Cotabato v.

The Government of the Republic of the Philippines Peace Panel on Ancestral Domain In 2008, the Government and the MILF, through the Chairpersons of their respective peace negotiating panels, were scheduled to sign a Memorandum of Agreement on the Ancestral Domain aspect of the Government-MILF TRIPOLI AGREMEENT ON PEACE OF 2001 IN MALAYSIA. The signing of the MOA-AD did not materialize because upon the motion of petitioners, the court issued a TRO enjoining the two parties from signing the same. The negotiations for the MOA-AD began in 1996, when the Government-MILF PEACE NEGOTIATIONS began. The MOA-AD contained, among others: The commitment of the Government and the MILF to pursue peace negotiations Protect and respect human rights Negotiate w/ sincerity in the settlement of conflict Refrain from the use of threat or force to attain undue advantage while the peace negotiations are ongoing However, in early 2000, the MILF attacked a number of municipalities in Central Mindanao, as well as take control of the town hall of Kauswagan, Lanao del Norte. Then President Estrada declared an all-out war against the MILF. When GMA assumed office, she sought a resumption of the peace talks. GMA asked the Malaysian Government through Prime Minister Mohammad to help convince the MILF to return to the negotiating table. The parties then met in Kuala Lumpur in 2001 and the talks were facilitated by the Malaysian Government. The parties also signed the Agreement on the General Framework for the Resumption of Peace talks and thereafter, the MILF suspended all its military actions. Formal peace talks were held in Tripoli, Libya from 20-22 June 2001. The outcome of which was the Government-MILF Tripoli AGREEMENT ON PEACE. The Agreement contained the basic principles and agenda of the negotiation: Security Aspect Rehabilitation Aspect Ancestral Domain Aspect The IRR on the Security Aspect was signed in Malaysia in August 2001. The IRR on the Rehabilitation Asect was sign in May 2002, also in Malaysia. Whereas the MOA-AD was set to be signed in August 2008, but as mentioned, the Court issued a TRO. The Province of North Cotabato filed a case against the signing of the MOA-AD, invoking their right to information on matters of public concern, as provided for by the Bill of Rights. They asked for the disclosure of the complete and official

copies of the MOA-AD, including its attachments. They also want the Court to declare the MOA-AD as unconstitutional. The City of Zamboanga also had the same contentions, with the special prayer that they be excluded from the Bangsamoro Homeland. The City of Iligan and the Province of Zamboanga del Norte also assailed the constitutionality of the MOAAD. The SC first reviewed the MOA-AD. The main body is divided into four sections CONCEPTS AND PRINCIPLES, TERRITORY, RESOURCES, AND GOVERNANCE. Under CONCEPTS AND PRINCIPLES, the Bangsamoro people are defined as the natives or original inhabitants of Mindanao and its adjacent islands including Palawan and Sulu at the time of colonization. Bangsamoro people also covers their descendants, whether mixed or full blood, and their spouses. The Bangsamoro Homeland is referred to as one where the ownership of which is vested exclusively in the Bangsamoro people by virtue of their prior rights of occupation. Both the Government and MILF acknowledged that ancestral domain does not form part of the public domain. The Bangsamoro people are also acknowledged to have the right of selfgovernance. Last but not least, the Bangsamoro Judicial Entity is granted the authority and jurisdiction over the ancestral domain and ancestral lands of the Bangsamoro. Under TERRITORY, the BJE is defined as the present geographic area of the ARMM, as well the certain municipalities of Lanao del Norte that voted for inclusion in the ARMM in the 2001 plebiscite. It is also stipulated that the BJE shall have jurisdiction over all natural resources within its internal waters. The BJE shall also have territorial waters, where the BJE and the Government shall exercise joint jurisdiction over all natural resources. The MOA-AD further provides for the sharing of minerals in the territorial waters between the Government and the BJE. Under RESOURCES, the BJE may enter into economic cooperation and trade relation with foreign countries. Aside from that, the sharing between the Government and the BJE of total production pertaining to natural resources is 75-25 in favor of the BJE. Moreover, the BJE may modify/cancel forest concessions, timber licenses, contracts or agreements granted by the Government, including those issued to the present ARMM. As for GOVERNANCE, the BJE is granted, among others, the power to build, develop, maintain its own institutions of civil service, electoral, financial and banking. It may also legislate and have its own judicial system.

The Court then stated that jurisprudence has upheld the right to access of public documents. There can be no realistic perception by the public of the nation's problems, nor a meaningful democratic decision-making if they are denied access to information of general interest. Then the Court ruled that the MOA-AD is a matter of public concern. The MOAAD undoubtedly involves the sovereignty and territorial integrity of the State, which directly affects the lives of the public at large.