Philippine Supreme Court Resolutions > Year 2008 > August 2008 Resolutions > [G.R. No. 183591 : August 22, 2008] THE PROVINCE OF NORTH COTABATO, REPRESENTED BY GOVERNOR JESUS SACDALAN, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GARCIA, ET AL. [G.R. NO. 183752] CITY GOVERNMENT OF ZAMBOANGA, REPRESENTED BY HON. CELSO L. LOBREGAT, CITY MAYOR OF ZAMBOANGA, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GARCIA, ET AL. [G.R. NO. 183893] CITY OF ILIGAN, REPRESENTED BY CITY MAYOR LAWRENCE LLUCH CRUZ VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GARCIA, ET AL. [G.R. NO. 183951] THE PROVINCIAL GOVERNMENT OF ZAMBOANGA DEL NORTE, AS REPRESENTED BY HON. ROLANDO E. YEBES, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL, AS REPRESENTED BY HON. RODOLFO C. GARCIA AND HERMOGENES ESPERON, IN HIS CAPACITY AS THE PRESIDENTIAL ADVISER ON PEACE PROCESS :

EN BANC

[G.R. No. 183591 : August 22, 2008]

THE PROVINCE OF NORTH COTABATO, REPRESENTED BY GOVERNOR JESUS SACDALAN, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GARCIA, ET AL.

G.R. NO. 183752

CITY GOVERNMENT OF ZAMBOANGA, REPRESENTED BY HON. CELSO L. LOBREGAT, CITY MAYOR OF ZAMBOANGA, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GARCIA, ET AL.

G.R. NO. 183893

CITY OF ILIGAN, REPRESENTED BY CITY MAYOR LAWRENCE LLUCH CRUZ VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GARCIA, ET AL.

G.R. NO. 183951

THE PROVINCIAL GOVERNMENT OF ZAMBOANGA DEL NORTE, AS REPRESENTED BY HON. ROLANDO E. YEBES, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL, AS REPRESENTED BY HON. RODOLFO C. GARCIA AND HERMOGENES ESPERON, IN HIS CAPACITY AS THE PRESIDENTIAL ADVISER ON PEACE PROCESS

Quoted hereunder, for your information, is a resolution of the Court En Banc dated August 22, 2008

�G.R. No. 183591 (The Province of North Cotabato, represented by Governor Jesus Sacdalan, et al. vs. The Government of the Republic of the Philippines Peace on Ancestral Domain, represented by Sec. Rodolfo Garcia, et al.); G.R. No. 183752 (City Government of Zamboanga, represented by Hon. Celso L. Lobregat, City Mayor of Zamboanga, et al. vs. The Government of the Republic of the Philippines Peace Panel on Ancestral Domain, represented by Sec. Rodolfo Garcia, et al.); and G.R. No. 183893 (City of Iligan, represented by City Mayor Lawrence Lluch Cruz vs. The Government of the Republic of the Philippines Peace Panel on Ancestral Domain, Represented by Sec. Rodolfo Garcia, et al.); and G.R. No. 183951 (The Provincial Government of Zamboanga Del Norte, as represented by Hon. Rolando E. Yebes, et al. vs. The Government of the Republic of the Philippines Peace Negotiating Panel, as represented by Hon. Rodolfo C. Garcia and Hermogenes Esperon, in his capacity as the Presidential Adviser on Peace Process). � The Court Resolved to

(a) GRANT the Very Urgent Omnibus Motion for Leave to Intervene and to Admit the Attached Comment-in-Intervention with Prayer to Lift Temporary Restraining Order dated August 19, 2008 filed by counsel for intervenor-movant Muslim Muliti-Sectoral Movement for Peace and Development (MMMPD);

(b) NOTE the aforesaid Comment-in-Intervention, dated August 18, 2008, filed by counsel for intervenor MMMPD;

(c) NOTE the Comment to Respondents� Manifestation, dated August 21, 2008 filed by counsel for petitioners in G.R. No. 183591;

(d) NOTE the Comment on Respondents� Compliance, dated August 20, 2008, filed by counsel for petitioners City Government of Zamboanga, as represented by Hon. Celso L. Lobregat, City Mayor of Zamboanga and in his personal capacity as resident of the City of Zamboanga, Rep. Ma. Isabelle G. Climaco and Rep. Erico Basilio A. Fabian;

(e) NOTE the Comment and Opposition dated August 20, 2008,

to the Manifestation and Motion of the Office of the Solicitor General dated August 19, 2008, filed by counsel for petitioners in G.R. No. 183752;

(f) GRANT the Urgent Omnibus Motion for Leave to Intervene and to Admit Attached Comment-in-Intervention, dated May 18, 2008, filed by counsel for movants-intervenors Consortium of Bangsamoro Civil Society (CBCS), represented by its Chairman Guiamel M. Alim, and Bangsamoro Women Solidarity Forum, represented by its Chair, Tarhata M. Maglangit;

(g) NOTE the aforesaid Comment-in-Intervention, dated August 18, 2008, filed by counsel for the above-stated movants-intervenors;

(h) NOTE the Joint Opposition dated August 21, 2008, to Respondents� Manifestation and Motion dated August 19, 2008, filed by counsel for intervenors Franklin M. Drilon, Adel A. Tamano and Senator Manuel A. Roxas; and

(i) NOTE the Consolidated Comment, dated August 21, 2008, relative to the following petitions:

(i) Supplement to the Petition of the Province of North Cotabato in G.R. No. 183591;

(ii) Petition-in-Intervention of the City of Isabela, Basilan Province;

(iii) Petition of the City of Iligan in G.R. No. 183893l; and

(iv) Petition of the Provincial Government of Zamboanga del Norte in G.R. No. 183951, dated August 21, 2008;

filed by counsel for respondent Government of the Republic of the Philippines peace Panel on the Ancestral Domain (GRP) in compliance with the resolutions of August 12 and 19, 2008.

At the hearing of these consolidated cases this morning, the following counsels appeared:

(a) Counsels for the Petitioners^[1]

1. Atty. Israelito P. Torreon - for 183591, Province of North Cotabato
   
   
2. Atty. Jose Ma. Saavedra - for 183752, City Government of Zamboanga
   
   
3. Atty. Moises Dalisay Jr. - for 183593, City of Iligan
   

(b) Counsels for the Respondents^[2]

1. Solicitor General Agnes VST Devanadera
   
2. Assistant Solicitor General Vida G. San Vicente
   
3. Assistant Solicitor General Eric Remegio O. Panga
   
4. Assistant Solicitor General Magtanggol Castro
   
5. Senior State Solicitor Rolando Faller
   
6. Solicitor Elma M. Rafallo-Linga
   
7. Solicitor Romeo Galzote
   
8. Solicitor Thelma Lee Sadoy
   
9. Solicitor Christine Nolasco-Jimenez
   
10. Solicitor Sherrylyn Cheng
    
11. Solicitor Bernardo Villar
    
12. Atty. Sedfrey Candelaria
    

(c) Counsels for petitioners-intervenors

1. Sen. Franklin Drilon - for himself
   
   
2. Atty. Pacifico A. Agabin - for intervenor Hon. Manuel Roxas
   
   
3. Atty. Ma. Lourdes Sereno- for intervenor Hon. Franklin Drilon and Adel Tamano
   
   
4. Atty. Arthur L. Abudiente - for intervenor Municipality of Linamon, Lanoa del Norte
   
   
5. Atty. Ruy Elias Lopez - for himself
   

The counsels discussed the following principal issues as enumerated in the Advisory dated August 14, 2008 issued by the Court:

1. Whether the petitions have become moot and academic
   

   (i) insofar as the mandamus aspect is concerned, in view of the disclosure of official copies of the final draft on the Memorandum of Agreement (MOA); and
   
   (ii) insofar as the prohibition aspect involving the Local Government Units is concerned, if it is considered that consultation has become fait accompli with the finalization of the draft;
   

2. Whether the constitutionally and the legality of the MOA is ripe for adjudication;
   
   
3. Whether respondent Government of the Republic of the Philippines Peace Panel committed grave abuse discretion amounting to lack or excess of jurisdiction when it negotiated and initiated the MOA vis-�-vis ISSUES Nos. 4 and 5;
   
   
4. Whether there is a violation of the people�s right to information on matters of public concern (1987 Constitution, Article III, Sec. 7) under a state policy of full disclosure of all transactions involving public interest (1987 Constitution, Article II, Sec. 28) including public consultation under Republic Act. No. 7160 (LOCAL GOVERNMENT CODE OF 1991).
   
   If it is in the affirmative, whether prohibition under Rule 65 of the 1997 Rules of Civil Procedure is an appropriate remedy;
   
   
5. Whether by signing the MOA, the Government of the Republic of the Philippines would be BINDING itself
   

   (a) to create and recognize the Bangsamoro Juridical Entity (BJE) as a separate state, or a juridical, territorial or political subdivision not recognized by law;
   
   (b) to revise or amend the Constitution and existing laws to conform to the MOA;
   
   (c) to concede to or recognize the claim of the Moro Islamic Liberation Front for ancestral domain in violation of Republic Act No. 8371 (THE INDIGENIOUS PEOPLE�S RIGHTS ACT OF 1997), particularly Section 3(g) & Chapter VIII (DELINEATION AND RECOGNITION OF ANCESTRAL DOMAIN)
   

   If in the affirmative, whether the Executive Branch has the authority to so bind the Government of the Republic of the Philippines;
   
   
6. Whether the inclusion of the Province of North Cotabato, Cities of Zamboanga, Iligan and Isabela, and the Municipality of Linamon, Lanao del Norte in/from the areas covered by the projected Bangsamoro Homeland is a justiciable question; and
   
   
7. Whether desistance from signing the MOA derogates any prior valid commitments of the Government of the Republic of the Philippines.
   

Atty. Torreon atgued for eight (8) minutes; Atty. Saavedra for eight (8) minutes; Atty. Dalisay for eight (8) minutes; and Atty. Agabin for eight (8) minutes. The time allotted for the parties to argue and counter-argue was exclusive of the time for interpellation by the Court.

The Court further Resolved in open court to require the Solicitor General to (a) FILE a CONSOLIDATED REPLY to the various Comments and Oppositions filed by the petitioners; and (b) FURNISH the Court with the initiated copy of the Memorandum of Agreement, both on or before twelve o�clock on Tuesday, August 26, 2008.

For lack of material time to hear the other counsels, the Court deferred from continuing with the hearing of the oral argument and ruled to adjourn and SET the continuation of the ORAL ARGUMENT on August 29, 2008, Friday, at 9:00 A.M.�

Endnotes:

---

^[1] Atty. Jes Gal R. Sarmiento, Jr., counsel in G.R. No. 183951, for the Province of Zamboanga del Norte , was not present.

^[2] Atty. Soliman M. Santos, Jr., appeared as private collaborating counsel for Sec. Esperon.