PROVINCE OF NORTH COTOBATO VS GRP
The MOA-AD was a result of series of negotiation, the MOA-AD
 THE MOA IS NOT AN INTERNATIONAL AGREEMENT
BINDING BETWEEN STATES ( It is merely a result of the
TRIPOLI agreement).
Facts
1. On August 5, 2008 the Government of the Philippine and MILF
through the chairperson of their respective peace negotiating panel
was scheduled to sign a memorandum of agreement of the
ancestral domain
2. The signing of the MOA-AD between the GRP and the MILF was
not to materialize because the petitioners filed a cae before the
signing of the MOA-ad, HENCE the court issued a temporary
restraining order enjoining the GRP from signing the same
3. A long process of negotiation followed, when President Gloria
arroyo assumed office, the military offensive against the MILF was
suspended and the government sought for a resumption of the
peace talks, the parties (GRP- MILF)met it Kaula Lumpur and
signed the General Framework for the resumption of peace talks
between the GRP and the MILF hence MILF suspended all its
peace talks.
4. Several peace talks were held then came the birth of the Tripoli
agreement containing the basic principles (security aspect,
rehabilitation, ancestral domain )
5. Several peace talks ensured and then the signing of the
“Implementing guideline on the security aspect” lead into
ceeasefire status betwee the parties
6. MILF chariman died and he was replaced by AL MURAD the
chief peace negotiator of the MILF
7. Several talks were once more held in Kuala Lumper then
eventually leading to cradting of the draft MOA-AD which was
signed last AUGUST 5, 2008.- THIS WAS not signed though
because the petitioner filed a case , and as a result the court issued
a temporary restrainin order enjoining the GRP from signing the
said memorandum
8. GOVERNANCE, TERRITORY, RESOURCES
Issue
9.
the commitment of the parties to pursue peace negotiations protect
and respect human rights negotiate with the settlement of conflict
10. The MOA-AD identifies the parties to it as the GRP and the MILF
– contains a compact right entrenchment which emates from the
regime of dar-ul-mua-had and dar-ul-sulh ( territory under compact
and territory under peace agreement) which partakes the nature of
a treaty- a treaty is defined as any solemn agreement in writing that
sets out understandings, obligations ad benefits that provides for a
framework that elaborates the principles of the MOA-AD- MOA
INCLUDE compact rights agreement.- governance
11. MOA-AD provides for the sharing of minerals on the territorial
waters between the central government and the BJE in favor of the
latter
12. The BJE is free to enter into any economic cooperation and trade
relations with foreign countries and shall have the option to
establish trade missions in those country. This would mean that the
central government and the BJE wl lbe sharing their resources.
13. The BJE may modify, cancel the forest concessions, timber
license, contracts, agreement, mining concessions. Etc
14. The MOA-AD binds the parties to invite a multinational third party
to observe and monitor the implementation of the comprehensive
compact. This compact embodies the details of the effective
enforcement and the mechanisms for the actual implementation of
the MOA- the invited third party must not in any way interfere
with the relationship between the CENTRAL GOVERNMENT
AND BJE
15. What is the relationship between the CENTRAL GOVERNMENT
AND THE BJE? – “Associative”- a shared authority and
responsibility and that it states that the structure of governance is
based on the executive, legislative, judicial and administrative
institution with defined powers and function of the comprehensive
compact.
16. MOA-AD : Its provisions requiring “amendments to the existing
legal framework shall take effect upon signing of the
Comprehensive Compact and effecting the aforesaid amendments
 1. Whether or not the MOA agreement is in accordance with the
constitution
RULING
1. NO. The MOA IS not in accordance with the constitution
The objections of the MOA – the powers that are granted to the BJE exceed
those which are granted to any local government under the present law and
it even go beyond those present ARMM.- the court resolves this by the
concept of “Association”- An undying link to the different provisions of the
MOA-AD and its connection with association.
ASSOCIATIVE RELATIONSHIP – between the central government and
the Bangsamoro Judicial Entity- a shared responsibility with a structure of
governance based on executive, legislative, judicial and administrative
function with defined power as stated in the comprehensive compact. The
MOA-AD by its inclusion of international law instrument in its TOR placed
itself in an international legal context hence the term associative as to be
defined in the international law context.
What is associative?
a. When two states of unequal power voluntary establishes durable
links. One state associate, delegates certain responsibilities to the
other the principal , while maintaining its international status as a
state.
b. In practice, “associated staes” means a transisitional device of
former colonies on their way to full independence.
*The moa contains provision that are consistent with the international law
concept of association”
1. BJE’S CAPACITY to enter into economic and trade relations with
foreign countries , the commitment of the Central Government to ensure
that the BJE’S participation in the meetings and events in the ASEAN and
special UN AGENCIES.
2. The right to participate in the Philippine official missions bearing
negotiations of boarder agreements, environmental protection and sharing
of revenues.
The concept of association is not recognized under the present
constitution. – THE constitution does not contemplate any state in this
jurisdiction other than the Philippine state, much less does it provide for a
transitory status that aim to prepare any part of the Philippine territory for
independence.
The BJE is not an autonomous region but a state- it meets the criteria of the
state laid down in the motevido convention- a permanent population a
defined territory a government and a capacity to enter into relations with
other state. An associative arrangement does not uphold national unity.The
act of placing a portion of Philipppine territory in a status which in
international practice has been a preparation for independence is not
conducive of national unity.
Ruling : the Philippines adopt generally accepted principles of
international law as part of the law of the land. – THE MOA AD is a
series of agreements necessary to carry out the GRP-MILF Tripoli
agreement on peace signed by the government and the MIF on June 2001.
Hence the present MOA-AD can be renegotiated or another can be made.
“Suspensive clause” any provision which requires amendments to the
existing legal framework shall come into force upon the signing of the
comprehensive compact and upon effecting necessary changes to the legal
framework with due regard to the non derogation of prior agreement and
within the stipulated time frame to be contained in the comprehensive
compact.
RULING: the respondent in incorporating the international concept of
“association” violated the memorandum of instruction given by the
president dated March 1, 2001 which states that negotiations shall be
conducted in accordance with the principle of sovereignity an territorial
integrity of the Republic of the Philippines. Establishing an associative
relationship runs contrary to the agreement of the instructions of the
president. “ how can preparation for independence” be in harmony with
territorial integrity? The suspensive clause, neither the GRP peace panel of
the president himself is authorized to make that guaranty- a usurpation of
power” the only way for the executive to make necessary amendment is
through people’s initiative .

While the MOA-AD would not amount to international agreement of

unilateral declaration which binds the Philippines, respondent’s act of
guaranteeing agreement is a constitutional violation of the MOA- MOA is
merely a series of agreements that is drawn necessary to carry out the GRP-
MILF Tripoli agreement hence it can be renogiated or another one can be
drawn up.