THE government is not canceling the memorandum of agreement on ancestral domain with the Moro Islamic Liberation Front, the presidential adviser on the peace process said yesterday.

"There is no such thing as cancellation of the MOA...It could be in the range of options but canceling the MOA would be tantamount to setting aside all the efforts of the peace panels since 2001," Hermogenes Esperon said in a chance interview in Camp Aguinaldo.

Esperon’s statement followed that of Lorelei Fajardo, deputy presidential spokeswoman, that the MOA has been cancelled and a renegotiation will be conducted.

She said the "cancellation of the MOA AD is a painful step in our collective effort to come to a new agreement with the MILF."

"She (Arroyo) will seek a new agreement within the boundaries of law set within the Constitution. Furthermore, the President will not allow adventurism by MILF forces to pressure government to sign any agreement even if it is for peace."

She was responding to questions from some media members on what the government’s next action would be after the cancellation of the MOA.

Following questions on whether it was now the official stand of the government, Fajardo revised her statement, omitting the word "cancellation."

"The President remains committed to peace but the development in Mindanao leaves us no choice but to review and revisit the provision contained in the MOA AD…The administration of PGMA upholds greater public interest. She is committed to upholding the Constitution and thus will seek peace within the boundaries of law set within the Constitution."

Malacañang officials on Wednesday admitted there were flaws in the MOA and said the government would not sign the MOA in its present form. Press Secretary Jesus Dureza said the MOA would be revised to include inputs from the stakeholders. Developments in Mindanao, particularly the recent MILF attacks, will also be considered, he said.

Gabriel Claudio, presidential adviser on political affairs, said the conduct of more intensive consultations with the Mindanao stakeholders is not an abandonment of the negotiations or even the proposed MOA. He said it just gives importance to dialogues directly with the stakeholders.

The MOA is subject of petitions before the Supreme Court. The government has asked the tribunal to dismiss the petitions as it said the government is not signing it.

The MOA would have been signed August 5 but the Supreme Court issued a temporary restraining order.

The petitioners against the MOA asked for the dismissal of the government motion. They said it remains a fact that the government committed grave abuse of discretion and violated the Constitution in coming up with the MOA.

Dureza said the government would not sign the MOA regardless of any decision the Supreme Court would issue.

Esperon said the MOA is under review and not being renegotiated. "Renegotiation would tell you that you would have to start from zero, renegotiate the whole thing. A review would be quicker and should concentrate on probably just a few topics," he said.

In a 19-page joint opposition, the petitioners said they are not buying the government’s line that it would no longer sign the MOA.

Former Senate President Franklin Drilon, Sen. Mar Roxas and United Opposition spokesman Adel Tamano said the high court should rule on the constitutional issues to avoid any repetition of these violations.