BY EVANGELINE DE VERA

THE Supreme Court yesterday sought from the Executive department a categorical declaration that it would no longer sign the ancestral domain pact with the Moro Islamic Liberation Front before it could act on its petition to dismiss the cases filed by oppositors to the agreement.

During oral arguments, it surfaced that chief negotiator Rodolfo Garcia had no authority from President Arroyo to sign the agreement. Garcia was in Kuala Lumpur to sign the agreement when the Supreme Court issued a TRO against the government panel on August 4, the eve of the signing.

On questioning by Associate Justice Antonio Carpio, Garcia said his authority was only to negotiate and initial the agreement.

Associate Justice Arturo Brion said that because of Garcia’s lack of "full authority" from Arroyo, the memorandum of agreement, had it been signed, would not be binding on the government.

Along with a categorical declaration that the Executive agreement would no longer sign the agreement, Chief Justice Reynato Puno directed Solicitor General Agnes Devanadera to submit not later than Tuesday a consolidated reply to all the supplemental motions opposing her motion to dismiss the petitions.

Puno also ordered the OSG to submit the draft of the controversial MOA, which has been initialed by members of both negotiating panels.

Devanadera asked the tribunal to dismiss the petitions as she said the government has decided not to sign the MOA. Malacañang on Wednesday said the MOA would be reviewed and revised.

"Circumstances have changed and therefore after discussion and the assessment, executive has already come up with a final decision on this that the MOA will not be signed... There is no more act that will be restrained, therefore the petition must be dismissed," she said in an interview with reporters.

She said the government, while it may appear too late, is conducting consultations with leaders of provinces that will be affected by the proposed expansion of the Autonomous Region in Muslim Mindanao under the MOA.

The expanded ARMM, to be called the Bangsamoro Juridical Entity, will include 712 barangays in non-ARMM provinces.

Devanadera said that after the consultations, the government will certify as urgent a bill which will identify the specific local government units and provinces that will be included in the proposed expanded ARMM.

Lawyer Israelito Torreon, who argued for petitioner North Cotabato, said the Court should rule on the constitutionality of the MOA-AD despite the government’s decision to abandon the agreement.

He said the province is not amenable to the dismissal of the petitions as there has been no "unequivocal" statement from the government that there will be no signing of the MOA in the future with similar terms.

Torreon said even if the petitions have been rendered moot by the government’s decision, the Court should still determine whether constitutional provisions were violated, or to rule whether the government exceeded its jurisdiction in initialing the MOA.

TECHNICALITY

Torreon pointed out that the Court is also called to rule upon the exceptional character of the situation; and to give the panel a guiding principle when it negotiates with the MILF anew.

"Sovereignty resides in the people. There was no authority on the GRP panel because there was no consultation. The contract is void. Consultations should have been made at all levels," he said.

Associate Justice Antonio Eduardo Nachura pointed that technically, there is no agreement to nullify.

Torreon then argued the agreement bore the initials of the members of the government and MILF peace negotiating panels, and therefore becomes enforceable.

Among the executory provisions, he said, are the government’s commitment to conduct a plebiscite within one year after the signing of the MOA, and that the BJE can conduct foreign relations.

NULLIFY MOA

He also said there are questions about provisions in the MOA regarding sharing of the natural resources.

Torreon urged the Court to declare the MOA null and void on the ground of having violated the Constitution. He noted the MILF has its position that the agreement is already a "done deal" with the initializing of the MOA.

The oral arguments will resume next Friday.

‘TOO MUCH OUTCRY’

Executive Secretary Eduardo Ermita said the MOA would be subjected to thorough review because of "too much outcry" that has already reached the Supreme Court.

"Government is not insensitive to the observations of some members of the Supreme Court…we know that the sentiments are like that on the provisions that they do no approve of," he added.

Ermita said it would be "foolhardy" for the government to push for the signing of the MOA.

SIX PATHS

He said the government remains committed to forging a peace agreement with the MILF.

He said the Arroyo administration continues to adhere to the "six paths to peace" as contained in Executive Order No. 3 Series of 2001.

The six paths are pursuit of socio-economic and social reforms that address the root causes of the armed conflicts; building consensus and empowerment for peace; pursuit of peaceful negotiated settlement with the different armed rebel groups; establishment of programs for honorable reconciliation and reintegration into mainstream society; addressing concerns that arise out of the continuing armed hostilities; and nurturing a positive climate for peace.

SILENCING GUNS

He said the government would push for "national total rejection of armed struggle as a means of achieving political and societal change."

He said "silencing the guns" is covered by the cease-fire agreement with the MILF, but it is not a pre-condition to the resumption of talks.