Philippine Supreme Court Resolutions > Year 2008 > August 2008 Resolutions > [G.R. No. 183591 : August 04, 2008] THE PROVINCE OF NORTH-COTABATO, DULY REPRESENTED BY GOVERNOR JESUS SACDALAN AND/OR VICE-GOVERNOR EMMANUEL PIÑOL, FOR AND IN HIS OWN BEHALF VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], REPRESENTED BY SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN AND/OR GEN. HERMOGENES ESPERON JR., THE LATTER IN HIS CAPACITY AS THE PRESENT AND DULY-APPOINTED PRESIDENTIAL ADVISER ON THE PEACE PROCESS G.R. NO. 183752 CITY GOVERNMENT OF ZAMBOANGA, AS REPRESENTED BY HON. CELSO L. LOBREGAT, CITY MAYOR OF ZAMBOANGA, REP. MA. ISABELLE G. CLIMACO, DISTRICT 1 AND REP. ERICO BASILIO A. FABIAN, DISTRICT 2, CITY OF ZAMBOANGA VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], REPRESENTED BY SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN AND/OR GEN. HERMOGENES ESPERON, IN HIS CAPACITY AS THE PRESIDENTIAL ADVISER ON THE PEACE PROCESS :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated August 4, 2008

�G.R. No. 183591 (The Province of North-Cotabato, duly represented by Governor Jesus Sacdalan and/or Vice-Governor Emmanuel Pi�ol, for and in his own behalf vs. The Government of the Republic of the Philippines Peace Panel on Ancestral Domain [GRP], represented by Sec. Rodolfo Garcia, Atty. Leah Armamento, Atty. Sedfrey Candelaria, Mark Ryan Sullivan and/or Gen. Hermogenes Esperon Jr., the latter in his capacity as the present and duly-appointed Presidential Adviser on the Peace Process); and G.R. No. 183752 (City Government of Zamboanga, as represented by Hon. Celso L. Lobregat, City Mayor of Zamboanga, Rep. Ma. Isabelle G. Climaco, District 1 and Rep. Erico Basilio A. Fabian, District 2, City of Zamboanga vs. The Government of the Republic of the Philippines Peace Panel on Ancestral Domain [GRP], represented by Sec. Rodolfo Garcia, Atty. Leah Armamento, Atty. Sedfrey Candelaria, Mark Ryan Sullivan and/or Gen. Hermogenes Esperon, in his capacity as the Presidential Adviser on the Peace Process).- The Court Resolved to

(a) ACCEPT G.R. No. 183591 which was referred to the Court En Banc by the Second Division in its resolution of August 4, 2008;

(b) CONSOLIDATE the above cases;

(c) NOTE the Comment, dated August 4, 2008, filed by the Solicitor General in G.R. No. 18359; and REQUIRE the petitioners to file a REPLY thereto, within a NON-EXTENDIBLE PERIOD of FIVE (5) DAYS from the notice hereof;

(d) NOTE the Manifestation with Urgent Subsequent Motion for the Issuance of Preliminary Injunction/Temporary Restraining Order in the Light of the Confirmed Information that the Signing of the Memorandum of Agreement on Ancestral Domain between the GRP Panel and MILF will be on August 5, 2008 (Tomorrow) at 1100H at Marriot Hotel, Putrajaya, Selangor Malaysia, dated August 4, 2008, filed by counsel for petitioners in G.R. No. 183591;

(e) ISSSUE a TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, commanding and directing public respondents and their agents to CEASE and DESIST from formally signing the GRP-MILF Peace Panel Memorandum of Agreement on Ancestral Domain;

(f) REQUIRE the respondents in G.R. No. 183752 to Comment on the petition, within a NON-EXTENDIBLE PERIOD of FIVE (5) DAYS from notice hereof; and

(g) REQUIRE the Office of the Solicitor General to SUBMIT to the Court and the petitioners, the official copy of the final draft of the MOA on ancestral domain between the GRP Panel and the MILF including annexes not later than August 8, 2008.

The Court further Resolved to SET these cases for ORAL ARGUMENT on August 15, 2008 (Friday), at 9:00 a.m., at the New Session Hall, 2^nd Floor, Supreme Court New Building, Padre Faura st., Ermita, Manila.�

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THE PROVINCE OF NORTHCOTABATO,duly represented by GOVERNOR JESUS SACDALAN and/or VICE-GOVERNOR EMMANUEL PI�OL, for his own behalf, Petitioners, -versus- THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ONANCESTRAL DOMAIN (GRP), represented by SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN and/or GEN. HERMOGENES ESPERON JR., the latter in his capacity as the present and duly-appointed Presidential Adviser on the Peace Process (OPAPP) or the so-called Office of the Presidential Adviser on the Peace Process, Respondents.



CITY GOVERNMENT OF ZAMBOANGA, as represented by Hon. Celso L. Lobregat, City Mayor of Zamboanga, REP. MA. ISABELLE G.CLIMACO, District 1 and REP. ERICO BASILIO A. FABIAN, District 2, City of Zamboanga, Petitioners, -versus- THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL(GRP), represented by RODOLFO GARCIA, ATTY LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN and HERMOGENES ESPERON, in his capacity as the Presidential Adviser on the Peace Process). Respondents,



TO: Sec. Rodolfo Garcia (x)


GREETINGS:

WHEREAS, the Supreme Court, on 4 August 2008, adopted a resolution in the above-entitled cases, to wit:

�G.R. No. 183591 (The Province of North-Cotabato, duly represented by Governor Jesus Sacdalan and/or Vice-Governor Emmanuel Pi�ol, for and in his own behalf vs. The Government of the Republic of the Philippines Peace Panel on Ancestral Domain [GRP], represented by Sec. Rodolfo Garcia, Atty. Leah Armamento, Atty. Sedfrey Candelaria, Mark Ryan Sullivan and/or Gen. Hermogenes Esperon Jr., the latter in his capacity as the present and duly-appointed Presidential Adviser on the Peace Process); and G.R. No. 183752 (City Government of Zamboanga, as represented by Hon. Celso L. Lobregat, City Mayor of Zamboanga, Rep. Ma. Isabelle G. Climaco, District 1 and Rep. Erico Basilio A. Fabian, District 2, City of Zamboanga vs. The Government of the Republic of the Philippines Peace Panel on Ancestral Domain [GRP], represented by Sec. Rodolfo Garcia, Atty. Leah Armamento, Atty. Sedfrey Candelaria, Mark Ryan Sullivan and/or Gen. Hermogenes Esperon, in his capacity as the Presidential Adviser on the Peace Process).- The Court Resolved to

(a) ACCEPT G.R. No. 183591 which was referred to the Court En Banc by the Second Division in its resolution of August 4, 2008;

(b) CONSOLIDATE the above cases;

(c) NOTE the Comment, dated August 4, 2008, filed by the Solicitor General in G.R. No. 18359; and REQUIRE the petitioners to file a REPLY thereto, within a NON-EXTENDIBLE PERIOD of FIVE (5) DAYS from the notice hereof;

(d) NOTE the Manifestation with Urgent Subsequent Motion for the Issuance of Preliminary Injunction/Temporary Restraining Order in the Light of the Confirmed Information that the Signing of the Memorandum of Agreement on Ancestral Domain between the GRP Panel and MILF will be on August 5, 2008 (Tomorrow) at 1100H at Marriot Hotel, Putrajaya, Selangor Malaysia, dated August 4, 2008, filed by counsel for petitioners in G.R. No. 183591;

(e) ISSSUE a TEMPORARY RESTRAINING ORDER, effective immediately and continuing until further orders from this Court, commanding and directing public respondents and their agents to CEASE and DESIST from formally signing the GRP-MILF Peace Panel Memorandum of Agreement on Ancestral Domain;

(f) REQUIRE the respondents in G.R. No. 183752 to Comment on the petition, within a NON-EXTENDIBLE PERIOD of FIVE (5) DAYS from notice hereof; and

(g) REQUIRE the Office of the Solicitor General to SUBMIT to the Court and the petitioners, the official copy of the final draft of the MOA on ancestral domain between the GRP Panel and the MILF including annexes not later than August 8, 2008.

The Court further Resolved to SET these cases for ORAL ARGUMENT on August 15, 2008 (Friday), at 9:00 a.m., at the New Session Hall, 2nd Floor, Supreme Court New Building, Padre Faura st., Ermita, Manila.�

NOW, THEREFORE, effective immediately and continuing until further orders from this Court, You, Public Respondents by Sec. Rodolfo Garcia, Atty. Leah Armamento, Atty. Sedfrey Candelaria, Mark Ryan Sullivan and/or Gen. Hermogenes Esperon, Jr , your agents, representatives, or persons acting in your place or stead, are hereby ENJOINED from formally signing the GRP-MILF- Peace Panel Memorandum of Agreement on Ancestral Domain.

GIVEN be the Hon. REYNATO S. PUNO, Chief Justice, Supreme Court of the Philippines, this 4th day of August 2008.