The Memorandum of Agreement on Ancestral Domain with the Moro Islamic Liberation Front is dead and can no longer be resurrected.

The Supreme Court denied with finality the motion for reconsideration filed by the Office of the Solicitor-General to reverse its ruling on the controversial agreement. A second motion for reconsideration is not allowed under the rules.

The SC’s decision came during its en banc session Tuesday. We requested the SC Public Information Office for a copy of the resolution but they said they did not yet have a copy.

Solicitor-General Agnes Devanadera, in a manifestation, said the Court “encroached” on the powers of the executive branch when it declared, 8-7, the MOA-AD as unconstitutional.

She said the ruling is essentially “a transgression of the doctrine of the separation of powers” which could set precedence on “of court interference in areas exclusive to the other branches of the government.”

“The doctrine of separation of powers is a fundamental principle in our system of government. Each department of the government has exclusive cognizance of matters placed within its jurisdiction and is supreme within its own sphere,” she said.

Devanera reminded the justices that the exercise of judicial review is “merely to check—not supplant—the executive, or to simply ascertain whether he has gone beyond the constitutional limits of his jurisdiction but not to exercise the power vested in him or to determine the wisdom of his act.”

She was joined by the Consortium of Bangsamoro Civil Society and the Bangsamoro Women’s Solidarity Forum in seeking for a reconsideration of the ruling.
The Court on Oct. 15 ruled to declare the MOA-AD in violation of the Constitution. Seven minority justices however wanted it declared moot and academic in the light of government pronouncement that it was no longer pursuing the agreement “in its present or any form.