Malacañang Backtracks on BJE MoA Even As Supreme Court Set to Rule on Constitutionality

President Arroyo has backtracked on her initial stand pushing the memorandum of agreement creating an expanded Bangsamoro homeland as the way to “lasting peace” in Mindanao. In light of the escalating conflict in Cotabato and the Lanao provinces, she had little choice but to move away from the deal. To save face, Malacañang says that it would not sign the MoA on the Bangsamoro Juridical Entity (BJE) “in its present form”. This is tantamount to saying it will never be signed at all, as the MILF has made it clear that it will not settle for anything less than the establishment of the BJE as defined in the MoA. As far as the rebel group is concerned, the MoA is a “done deal”.

It was half-baked to begin with, and has given rise to much mischief even before it could be signed. It gave the MILF an excuse to renew hostilities, and massacre civilians in the process, including women and children. And the turmoil is spreading, now threatening to engulf urban and industrial areas like Iligan and Zamboanga cities. This bodes ill for the internal security of the country as a whole. The New People’s Army has directed its units to take advantage of the situation and make its presence felt in various guerilla areas by conducting “sympathy attacks” on government forces. The overstretched and ill-equipped armed forces cannot afford to fight on two fronts simultaneously.

All because Mrs. Arroyo wanted to advance her agenda for charter change.

For the foregoing reasons, the Supreme Court seems disinclined to dismiss the petitions questioning the MoA for being premature or moot and academic. The motion by Solicitor General Agnes Devanadera asking the high tribunal to dismiss the petitions against the MoA because “circumstances had changed” is apparently not convincing enough and the Court is set to rule squarely on the constitutionality of the thwarted covenant. My guess is that it will find the MoA provisions unconstitutional and “patently illegal”, as expressed early on by Justices Carpio and Azcuna. A definitive ruling by the SC will preclude further attempts to pull a similar stunt in the future.

High Court ruling on the constitutionality of the MOA imperative, so that “bloodshed in Mindanao will not be repeated”, according to petitioners.

MILF will not renegotiate MoA and is ready for war.

The Supreme Court declares the memorandum of agreement on ancestral domain (MOA-AD) between the government and the Moro Islamic Liberation Front (MILF) illegal and unconstitutional, and the process that led to its crafting was “whimsical, capricious, oppressive, arbitrary and despotic” . It described the agreement as “contrary to law and the Constitution,” and called for public consultations in accordance with the right to information with respect to any further peace agreement with the rebel group .

The furtive process by which the MOA-AD was designed and crafted runs contrary to and in excess of the legal authority, and amounts to a whimsical, capricious, oppressive, arbitrary and despotic exercise.

8 thoughts on “Malacañang Backtracks on BJE MoA Even As Supreme Court Set to Rule on Constitutionality”

  1. let us be reminded lest we shield our eyes to the reality that the human face of this is the undue displacement of thousands of Filipinos in the south; the death of innocent civilians which is growing by the day; and the trauma that it has brought to all the children caught in the crossfire.

    the government must reflect on its use of its political will because a balm that soothes pain will never be a cure to a deep wound.

  2. The way to lasting peace it seems is to always prepare for war (and definitely not this do-lallying tactic by Gloria.)

    Si vis pacem para bellum: that’s what eventually brought the iron curtain down that brought an end to the cold war.

  3. i would like to ask a question for our dedate, what will be the implications if the local representatives of gov’t whose of affected areas claimed by the MILF or BJE will not be included in the peace negotiations?

  4. I know that all of you here were not came from Mindanao. Because all people in Mindanao supported the War ever since that’s why we loved ERAP.

    Mindanao is more peaceful after the war during Erap’s time and the troubles again when Gloria let the Terrorists armed themselves.

    Why thus the government were making deal with this terrorists? If those MUKLO can’t even develop the big Land that had given to them why they were asking for BIGGER. Logic please, why thus the Malaysia is so eager to interfere and very willing to support Mindanao just incase that MOA will be approved.

    AHHHH. Just to remind everyone of us, Mindanao is very rich when it comes to natural resources. The Puerto Rico had owned the major AFRICAN PALM TREE lands in Sultan Kudarat, the Mindanao were the major exporter of Rice, papaya, pineapple, sugar cane, etc., and lastly Mindanao is very rare for STORM to visit. With the beaches like Boracay, its impossible that the ABUSAYYAF Alike will not dreaming of it.

  5. I just wanna ask for our debate, should the roman catholic church change its current position of forbidding the use of contraception?..Why or why not?

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