MILF won't recognize SC ruling on ancestral pact

abs-cbnNEWS.com | 10/14/2008 8:15 PM

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A senior member of the Moro Islamic Liberation Front peace panel downplayed Tuesday the Supreme Court's decision to strike down a territorial deal between the government and Moro rebels, saying that the ruling does not cover the MILF.

Lawyer Datu Michael Mastura said the MILF Central Committee is "indifferent" to the Supreme Court decision since the group is outside the ambit of the Philippine judiciary and the government.

"We are indifferent to the decision. This is internal to the government and the opposition. The rebels are outside the ambit of government so their status is -- they are involved in an armed conflict. It cannot be resolved through legal means, by going to the Supreme Court," Mastura told ABS-CBN News Channel.

He said the proposed territorial deal is part of negotiations to end the decades-long armed rebellion in Mindanao.

Voting 8-7, the Supreme Court on Tuesday ruled that the proposed Memorandum of Agreement on Ancestral Domain was illegal and said the government's peace adviser "committed grave abuse of discretion when he failed to carry out the pertinent consultation process".

"It illustrates a gross evasion of positive duty and a virtual refusal to perform the duty enjoined," the court said, describing the government's approach in striking a deal with the rebels as a "whimsical, capricious, oppressive, arbitrary and despotic exercise".

The court said the MOA-AD cannot be reconciled with the Philippine Constitution since it presupposes that the Bangsamoro Juridical Entity is a state that is on its way to independence. It said the MOA-AD virtually guarantees that the necessary constitutional amendments will eventually be put in place, which is an usurpation of the powers vested in Congress.

Mohaqher Iqbal, the MILF's chief peace negotiator, said the Supreme Court decision has "thrown to the wind four years of our hard negotiations."

"It proves once again that the constitution is a tool to stifle the Moros' legitimate aspirations," Iqbal told Reuters.

He added that the decision closed the door on any peace talks to end nearly 40 years of conflict that has killed more than 120,000 people, displaced two million and kept one of the most resource-rich regions of the country dirt poor.

Political sabotage

Mastura said some members of the MILF Central Committee have lost confidence in the government after President Arroyo announced that she would not sign the agreement as written even before the Supreme Court issued its ruling.

He added that the no-signing and the subsequent court ruling showed that the "Philippine government does not honor its obligations in international law on treaties and diplomatic practice."

"Do we return to the negotiating table? If this is the way government goes about its negotiations, it could happen again. What we need is some guarantee that government will implement it, that's number one. And number two, we would need a position taken by government and the opposition," he said.

Mastura said the government should conduct consultations with various branches of government before finalizing its position on the peace process through a referendum. He said that aside from the executive branch, negotiators should also talk to local government officials and the opposition to come up with a unified stand on the peace process.

The MILF negotiator denied that the MOA-AD would lead to a "dismembering" of the republic. He also accused some senators of sabotaging the agreement as a tool to further their political ambitions.

"Government needs to have a united position. It cannot be that some senators would use the negotiations as a prop to their 2010 ambitions or senatorial ambitions," he said.

Former senator Franklin Drilon, who petitioned the court to scrap the deal, criticized the MILF for acting like a separate state that does not recognize the Philippine Constitution.

"We should not agree to a proposition that will dismember our country through a constitutional amendment, which will recognize the Bangsamoro state in Mindanao. It will disregard vested rights that is against principles of equity. It creates another government in Mindanao with the powers to enter into treaties," he said.

Drilon said that while independence and dismemberment are not mentioned in the proposed agreement, all four requirements of independence including people, territory, governance and sovereignty are provided for in the deal.

"The MOA-AD cannot bring peace because it creates a state within a state. It is not about federalism but about secession. We want a unified Philippines," he added.

Local execs praise SC decision

Government officials who petitioned against the agreement, praised the Supreme Court for scrapping the proposal. Under the agreement, the Autonomous Region in Muslim Mindanao and territories that would vote for inclusion in the Moro homeland through a plebiscite would form the Bangsamoro Juridical Entity (BJE). The agreement would also empower the BJE to establish its own courts and police and the power to independently deal with foreign governments.

“We are very elated and pleased,” Zamboanga City Mayor Celso Lobregat, one of the petitioners, told abs-cbnNEWS.com/Newsbreak. Six Muslim barangays in Zamboanga’s Sacol Islands were included in the proposed BJE.

Iligan City Mayor Lawrence Cruz said the decision justified the opposition of the local officials to the deal and proved that they were not just being “emotional and reactionary.” During the height of the debate on the MOA-AD, Cruz was worried because Iligan City could lose 82 percent of its territory if its eight barangays were to be included in the BJE.

“[The decision] is most welcome,” Cruz said. “We just hope that all the parties will respect the decision.”

Meanwhile, North Cotabato Vice Governor Manny Piñol, whose petition became the basis for the Supreme Court’s order that stopped the signing of agreement, said the SC ruling proved that any similar agreements needs consultation with the people. “It proves that the Supreme Court listens to the voice of the people from the far-flung areas.”

Piñol, however, described the decision as an “icing on the cake” because they have already succeeded in stopping the signing of the agreement. “We already attained our objective.”

Zamboanga City 1st District Rep. Maria Isabel Climaco said she is elated by the honorable justices decision.

"May this be able to guide future actions as precedent. We thank our legal team and everyone who made this a victory," she said in a statement.

"We are happy but continue to be vigilant to protect are rights. We have a truly independent Supreme Court," added Zamboanga City 2nd District Rep. Erico Fabian.

Arroyo urged to sack MOA architects

Sen. Manuel “Mar” Roxas, meanwhile, urged President Arroyo to fire all government negotiators involved in the crafting of the MOA-AD. Among those “credited” for the MOA-AD are presidential peace adviser Hermogenes Esperon Jr., chairman Rodolfo Garcia of the defunct Government Peace Panel, and Roxas’ own executive director in the liberal party, lawyer Camilo “Bong” Montesa.

Roxas said Montesa resigned his Liberal party (LP) position at the height of the controversy as a result of their differences in opinion.

He said the President had command responsibility for the MOA-AD. She added, however, that the aborted territorial deal was not a ground for impeaching the president.

“Kung natuloy (ang implementation) at naging unconstitutional, masasabing na violate ng pangulo ang kanyang oath to uphold the constitution (If the deal was implemented and it was ruled unconstitutional, then it can be said that the president violated her oath to uphold the constitution),” he said.

as of 10/14/2008 8:15 PM