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Background:
- Ancestral Domain (AD),
as a concept in the context of the GRP-MILF Peace Negotiations, is more
than just land and its proprietary ownership. The MOA also
has terms that explicitly define the Bangsamoro people’s
identity and acknowledging their roots from a self-governing society in
pre-Colonial Philippines. At the heart of the concept of AD
is respect and acknowledgement, not only of the Bangsamoro
people’s rights and freedoms, but also vested property rights
and religious and cultural liberties of other peoples[1].
- The area of
composition of the Bangsamoro Judicial Entity (BJE), the core of which
is the present geographic jurisdiction of the Autonomous Region in
Muslim Mindanao (ARMM), including areas composed of 721 Barangays
adjacent to tha ARMM and found in the agrees Provinces and those
barangays in agreed cities for accession to the present ARMM after a
plebiscite – including those that already voted
“yes” in a previous plebiscite[1].
- Grants authority to
the BJE on the use and development of resources found within BJE
jurisdiction. More significantly, it sets the reasonable
sharing with the Central Government of profit from exploration of
potential resources of energy found within BJE jurisdiction.
The BJE shall have power to conduct economic relations to maximize its
capacity to fully develop[1].
- The memorandum of
Agreement on Ancestral Domain was finalized and initialed by both
panels on July 27, 2008. The signing will signal the start of
formal talks for the negotiation of details of the Comprehensive
Compact[1].
Bayani
Fernando
Chiz
Escudero
Dick
Gordon
Gilbert
Teodoro
Jejomar
Binay
- The United Opposition
(UNO) claimed that President Arroyo’s decision not to sign
the MOA-AD is “too late.”[2]
- The damage has been
done and there is no way she can undo the tragedy that has befallen our
countrymen in North Cotabato, Lanao del Norte, and
Sarangani,” Makati City Mayor Jejomar Binay, UNO president,
said in a statement[2].
- Malacañang
seems to have fumbled by first announcing the cancellation of the
MOA-AD and later deciding to renegotiate the accord[2].
- No matter what they
call it, Mrs. Arroyo has to atone for the many lives already lost, the
houses burned, and the disruptive mass evacuation that affected both
Muslims and Christians, and combatants as well as civilians[2].
- There is no way that
Mrs. Arroyo did not anticipate the escalation of hostilities in
Mindanao as a result of the failed MOA-AD, which has effectively given
the MILF belligerency status and a casus belli (a reason for war)[2].
- The attempt to
establish the BJE, without prior consultation with the people has led
to more war and not peace[2].
Jinggoy
Estrada
- Two Cabinet members
and a ranking official of the government peace panel negotiating with
the Moro Islamic Liberation Front (MILF) should be charged of "treason"
for misleading the Philippine government to sign the controversial
Memorandum of Agreement on Ancestral Domain (MOA-AD)[3].
- Dureza and Esperon
apparently have knowledge of the "unconstitutional provisions" of the
MOA-AD with the Muslim secessionist group that were "kept secret" from
the public[3].
- Dureza and Esperon
should be sacked after Mrs. Arroyo disbanded the government panel
negotiating with the MILF, led by retired Lt. Gen. Rodolfo Garcia[3].
- Dureza, Esperon and
Garcia could even face treason charges for selling the Filipino people,
particularly the citizens in Mindanao[3]
- Dureza, Esperon, and
Garcia "misled" not only the Philippine government, but also the
Filipino people to sign an agreement that is "grossly disadvantageous"
to the nation[3].
- It is public knowledge
that Dureza was the former peace adviser and Esperon as the current
peace adviser, were consulted by Garcia regarding the provisions of the
MOA-AD, and they did not object to the one-sided provisions that
favored the rebels[3]
Joker
Arroyo
- The uproar over the
MOA-AD is centered on the government’s call for
Constitutional amendments to make way for the creation of the federal
Bangsamoro Juridical Entity (BJE)[4]
- Nobody is asking about
the international consequences. The big guns were there -- the OIC
[Organization of Islamic Conference], the US, Japan…That's a
question that should be asked. That's what I want to know[4].
- US is not a party to
negotiations [for the MOA-AD], it's between [the Philippine government]
and MILF with Malaysia's help…but [the] US is [a] committed
partner for peace, development, and prosperity in Mindanao[4].
Joseph
Estrada
Kiko
Pangilinan
- Peace pact could bring
division instead of harmony[5]
- Warned of possible
constitutional ramifications of the controversial memorandum of
agreement between the (GRP) and (MILF) and cautioned that the said
agreement could bring further division instead of harmony[5]
- The GRP-MILF peace
pact is highly suspect as it raises so many legal and constitutional
questions which will not only divide the people but also test our
democratic processes[5]
- Grants the Bangsamoro
the basic elements of the State--government, people, territory and
belligerency, which leads to international recognition. This is
dangerous and unconstitutional, as only the Philippines as a duly
recognized nation must possess such components[5].
- The government
surrenders its authority over exploitation of natural resources because
the Bangsamoro territory will no longer form part of the national
domain[5].
- The peace pact
operated under the notion that the country is gearing towards
federalism. But the implementation of the ancestral domain agreement
will still be subject to a plebiscite in the affected area. The
additional barangays in the Bangsamoro would have to be approved
through a plebiscite that would be implemented once Congress passes an
enabling law. Suppose Congress would not yield to this, and the MOA
were signed, we would be facing a serious constitutional crisis[5].
- With all these legal
incongruities and the upheaval from the local level that this pact
lacks proper consultations with affected stakeholder, we are led to
wonder, what's in it for the government? Was this peace pact
deliberated on properly, and does the end justify the means? The
administration needs to explain this to the public, lest we compromise
once more no less than our Constitution[5].
Loren
Legarda
- Peace negotiation must
start in earnest[6].
- The government cannot
relax. The peace initiative with the MILF must continue[6].
- A day's delay in this
issue adds trauma to thousands of people affected by the conflict[6].
- To avoid a repetition
the conflict between the rogue MILF fighters and the government forces
escalated resulting into more or less 100 casualties and the
dislocation of thousands of civilian population, the government must
act decisively[6].
- The government must
not resort to amending the Constitution just to effect an agreement
with the MILF[6].
- The Supreme Court
voted against MOA-AD 8-7. Those who did not vote in the majority
decision believed the issue was moot and academic, it is clear to both
parties, that they must follow the legal process in order to come up
with a genuine agreement[6].
Manny
Villar
- Welcomed the Supreme
Court decision declaring as unconstitutional the agreement which sought
the expansion of the Bangsamoro homeland and the creation of a separate
state within the Republic of the Philippines[7].
- Laud the magistrates
who saw the merit of the petition questioning the constitutionality of
this agreement that will practically dismember the Republic. This is
one legal battle that claims no victor but the country[7].
- Voting 8-7, the
Supreme Court ruled that the Memorandum of Agreement on Ancestral
Domain which would have expanded the coverage of the Autonomous Region
in Muslim Mindanao under the BangsaMoro Juridical Entity is
unconstitutional[7].
- Glad the Republic will
remain intact and we can renew efforts to address the legitimate
demands of the people of Muslim Mindanao within the framework of the
Constitution[7]
- Is of the opinion that
the ruling emphasizes the need for transparency and full consultation
with all stakeholders in any negotiation participated in by
government[7]
- Ruling should serve as
guidance for negotiations in the future, that we should be protective
of our sovereignty and not to allow our territorial integrity be
jeopardized[7].
- The Nacionalista Party
president also appealed to the leadership of the Moro Islamic
Liberation Front (MILF) to respect the decision of the highest court in
the land. This should not be a reason to antagonize the MILF and result
in the resumption of hostilities in Mindanao. Instead, the SC decision
should signal the resumption of the stalled peace talks without any
preconditions, but with one common goal: to establish a durable peace
that will allow Muslim Mindanao to attain high level of economic and
social development consistent with their beliefs and traditions[7].
- Urged the government
to include in the peace negotiations ulamas, young Muslim
professionals, members of the academe, women and "those whose
credentials are bold and forward-looking for Mindanao."[7]
- "Sa simula pa lang ay
nakita na natin na hindi talaga katanggap-tanggap ang kasunduang ito na
magiging sanhi ng pagkakahati-hati ng Pilipinas. Maliwanag na
tinututulan ito ng halos lahat ng sektor ng ating lipunan kaya
ikinatutuwa natin ang desisyong ito ng Korte Suprema."[7]
Mar
Roxas
- The people of Mindanao
could now look forward to achieving genuine peace in the region as he
lauded the decision of the Supreme. [8]
- This is the beginning
of real peace in Mindanao based on truth and justice. Let the people of
Mindanao and the entire nation celebrate this triumph of justice over
the reckless abuse of power[8].
Miriam
Santiago
- Miriam Santiago does
not have a clear statement of pursuing impeachment but she had sorts of
acts accusing other political members for the president’s
take down[14].
- Senator Miriam
Defensor-Santiago also came up with accusation implicating former
president Corazon Aquino and Senate President Franklin Drilon of a plan
of taking down GMA[14].
Noli
de Castro
- Noli De Castro find
impeachment as disloyalty to his job. He claims that as Vice President
of the Philippines, his loyalty is to the government not to his self
only as he said in an article by Manila Star[15].
- While Mrs. Arroyo is
consolidating her allies, Vice President Noli de Castro has come to her
side, giving assurance that none of his supporters are part of the
group seeking the President’s impeachment[15].
- De Castro called on
the public yesterday not to get worked up by talk about destabilization
and Mrs. Arroyo’s ouster. None of these, he said, would do
the country any good[15].
- "As Vice President, I
affirm my loyalty to our country and our people and pledge my
allegiance to our Constitution and its duly constituted
authorities."[15]
Pia
Cayetano
- Cayetano is pro on
impeaching GMA[16].
- Sen. Pia Cayetano said
if an independent investigation would be conducted by the
administration, it should include all high-profile cases dismissed in
the past[16].
- "If an independent
investigation will be conducted, it should be done also for all
dismissed cases particularly high-profile cases, like the busted
operations of shabu laboratories in the country, arrest of aliens,
etc."[16]
Ping
Lacson
- Lacson had clearly
been part of pursuing impeachment on GMA as it has been said in an
article from MANILA STAR as he joins a group to pursue impeachment
against President Arroyo[15].
- Eleven groups, two of
which are closely identified with opposition Sen. Panfilo Lacson and
former senator Gregorio Honasan, joined the citizens organizations in
pushing for the impeachment of President Arroyo[15].
Sources:
[1]http://byterslair.i.ph/blogs/byterslair/index.php?tag=grp-milf-memorandum-of-agreement
[2]http://www.philstar.com/Article.aspx?articleid=80987
[3]http://www.senate.gov.ph/press_release/2008/0905_estradaj1.asp
[4]http://newsinfo.inquirer.net/breakingnews/nation/view/20080813-154427/UPDATE-Sen-Arroyo-Why-was-US
-at-aborted-MOA-AD-signing
[5]http://www.senate.gov.ph/press_release/2008/0806_pangilinan1.asp
[6]http://www.senate.gov.ph/press_release/2008/1021_legarda3.asp
[7]http://www.senate.gov.ph/press_release/2008/1014_villar1.asp
[8]http://themindanaocurrent.blogspot.com/2008/10/senators-laud-sc-for-moa-ad-decision.html
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