The Bangsamoro Juridical Entity MoA: High Crime?

Written on Monday, August 11th, 2008 at 8:17 am | by Ding G. Gagelonia

With the fighting having erupted over the weekend in North Cotabato, the need for a resolution of the constitutionality of the disputed and TRO’d Memorandum of Agreement on Ancestral Domain between the Arroyo Regime and the Moro Islamic Liberation Front has taken on a truly urgent nature.

Four days from now the Supreme Court will convene in full to hear the oral arguments of the petitioners against the MoA-AD led by local officials of North Cotabato and Zamboanga City (possibly joined by Senator Roxas who is filing a motion to intervene today) and the reply from government as represented by Solicitor General Agnes Devanadera, armed presumably with the inputs from the negotiating panel of Malacanang, Justice Secretary Raul Gonzales, and presidential legal adviser Sergio Apostol.

Last week legal eagles like retired Justice Isagani Cruz and Dean Raul Pangalangan also detailed their reservations against the MoA-AD.

I do not know if the two gentlemen will be asked by the Supremed Court to submit briefs and appear as amicus curiae on the 15th of August but we do pray their views will also get factored into the raging national debate.

This writer is not a lawyer. But I am a Filipino and a taxpayer so I hope I am equally entitled to say how I feel.

I think Mrs. Gloria Macapagal Arroyo is about to commit or may have already committed treason against the Republic.

May I also now share here the points related to me by former U.P. College of Law dean and former undersecretary of foreign affairs Merlin Magallona yesterday.

His points:

“1. The MoA-AD, as drafted and initialed by the members of the Philippine side and concurred to by their MILF counterparts and a Malaysian government representative standing as ‘mediator’ is in complete derogation of constitutionalism;

2. The Executive, acting through the Peace Panel, is way in gross trespass of the separation of powers;

3. Acts executed against the provisions of mandatory and prohibitory laws are void except when the law itself authorizes their validity;

4. Power and authority in the MoA-AD are way out of constitutional limitations with the Executive having exercised authoRity not defined by the fundamental law;

5. The MoA-AD was initiated by foreign interests;

6.The Bangsamoro Juridical Entity is not a person in law and has no juridical capacity to act;

7. The MoA-AD involves the abdication of sovereign powers;

8. The sovereignty question isnot a matter for a plebiscite as it in itself is a question of constitutionality;

9. The plan is premised on the Bangsamoro’s ‘reversion’ to a supposed sovereign state antedating the Republic;

10. Charter change being mentioned as necessary for the MoA to be implemented seeks, in reality, to remove the nationality requirement in the exploitation of natural resources.

The ten points laid down, its was also noted in this writer’s extended interview that it may be that the quid pro quo in the proposed peace pact with the MILF is not simply the issue of ancestral domain, but actually control of the reputed huge reservoir of natural gas deep in the Cotabato Liguasan marsh plus the territorial waters within the expanse of the expanded ARMM that will constitute the Bangsamoro Juridical Entity.

THE PHILIPPINE REPUBLIC IS, INDEED, IN GRAVE PERIL.

Note: I decided to cross post this from my blog given the relevance of Dean Magallona’s points. He is writing out a full paper and I as soon as I get it, I will share it here at FV.

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About The Author: Ding G. Gagelonia is a journalist of some 30 years, having worked in both radio and TV news and public affairs since his teens. Ding Gagelonia now writes independently and does corporate communications consulting. He has two kids, Felice and Luis. His journalist blog is at midfield.wordpress.com

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10 Responses to “The Bangsamoro Juridical Entity MoA: High Crime?”

  1. DJB Rizalist on August 11th, 2008 8:24 pm

    Add to the MILF calling the MOA a “done deal” the statement of Jess Dureza on the early evening news that the issues surrounding the TRO in the Supreme Court are now “moot and academic” since the local govt officials have been given copies of the MOA.

    Haha. Frank Drilon used words like “hogwash” and “stupid”…i think he does mean “ultra vires”

  2. retsy on August 11th, 2008 10:35 pm

    It’s absolute the MOA-AD motivated the MILF.
    In my own capacity to understand the conlict between the GRP & MILF,the government “GRP” made a mistake, a wrong conceptualization in finding solution in the context of lasting Peace in MIndanao. Thus, the Arroyo regime is failure in consonance with her Advocacy of Peace in Mindanao.

    Nagkamali ang Administrasyong Arroyo sa pag handle ng problema sa MILF. The MOA-AD awakened the MILF towards achieving their end. You see, “Mindanao” is in the context of war as of this very moment!!!!

    What a deal??? Hehe……….

  3. retsy on August 11th, 2008 10:37 pm

    Conflict, I mean.

  4. DJB Rizalist on August 12th, 2008 6:05 am

    Well, well, well the other shoe now comes off as GMA calls for chacha on federalism. Everything is coming clear on why the palace was willing to sign off on anything with the MILF in that silly MOA.

    For me, the real tip-off was the oh-so-coy remarks of MILF spokesman Eid Kabbalu saying they knew nothing of these chacha moves.

    The way I listen to him is usually to assume that he is lying and waiting to see if events prove the assumption right. (Works 99% of the time!)

    More on this at Philippine American Commentary.

    So the truth that comes out in the wash is they saw this gambit of the Palace and they played hardball with that soft-skull Dureza to get everything they ever wanted and more as the deadline towards the SoNA approached.

    The President’s desperation to extend her term is now showing like a whore’s stained slip as the Supreme Court received a major challenge to look at the MOA’s Constitutionality from Drilon and Mar’s motions to intervene.

    With Camilo Sabio’s role in trying to influence his brother Jose on the GSIS-Meralco case coming to light, the Supreme Court’s independence, not just the CA’s, is really on the dock now.

  5. Mitch on August 16th, 2008 11:06 am

    Bangsamoro Juridical Entity my ASS!
    They shouldn’t force Mindanao to separate from the Republic. What the HELL do these “people” think they’re doing?! I am from Mindanao, particularly in Bukidnon and even though we are far from the fighting, we are still somehow involved because our province is adjacent to Cotabato and the Lanao del Norte areas.
    Besides, they will only cause more violence… Fighting is in their blood. If they can’t take the heat, they should just go back to Arabia and stay there for good…
    Mindanao is not your bitch!

  6. roberth tau-toan on August 20th, 2008 4:18 pm

    well,the bangsamoro juridical entity was proposed by muslims because they want to separate from christians.then,this is a federal or centralized form of government just like in america.it is very helpful to president arroyo because it may extend her presidency term.nup.i disagreed,because i dont want to separate muslims from christians.muslims and christians are both flipinos.and i dont want to extend the term of the president,a woman president is a cursed.

  7. aliyamacky on August 26th, 2008 9:10 pm

    its not wat u think…

    The issue on the MOA on the Bangsamoro Juridical entity is becoming more and more a concern of every Filipino. But did it occur to everyone that for many years 6 of the 10 poorest provinces in the country is in Mindanao? That for many years it has been neglected by the government? That for many years corporations and oligarchs exploit the land in Mindanao for their own gain? We should have an open mind regarding the issue on the BJE.

    we want peace… they’re not doing this just to separate muslims from xtians…they’re talking about ancestral domain.each and every one of us made mistakes.the GRP for example lit up the issue on ancestral domain and gave the bangsamoro people hope and motivation for self-determination.
    filipinos specifically the people of mindanao also had their fault by over reacting on the signing of the MOA-AD.they violently reacted by shouting to the world that MILF are terrorists, that BJE is a crime and so on. they didnt understand first what the MOA or BJE is all about…

  8. jennifer ramos on September 10th, 2008 10:29 am

    Is the MOA of BJE is unconstitutional?WHY?I need an answer in tis very time,Sorry,cause it is our requirements in our subject.

  9. jennifer ramos on September 10th, 2008 10:36 am

    Is the MOA of BJE is Unconstitutional?why?I need an answer at this very time.

  10. Ding G. Gagelonia on September 10th, 2008 5:16 pm

    Jennifer,

    Kindly click to midfield.wordpress.com. See my post on the “Bangsamoro Juridical Entity Road to The Republic’s Dismemnerment and related topics. I have written extensively on the constitutionality of the issue, with views including that of former UP Law Dean Merlin Magallona.

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