Philippine Supreme Court Resolutions > Year 2008 > August 2008 Resolutions > [G.R. No. 183591 : August 29, 2008] THE PROVINCE OF NORTH COTABATO, REPRESENTED BY GOVERNOR JESUS SACDALAN, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GACIA 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 GACIA 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 GACIA 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 ON ANCESTRAL DOMAIN, REPRESENTED BY HON. RODOLFO GACIA AND HERMOGENES ESPERON, IN HIS CAPACITY AS THE PRESIDENTIAL ADVISER ON PEACE PROCESS [G.R. NO. 183962] ERNESTO M. MACEDA, JEJOMAR C. BINAY AND AQUILINO L. PIMENTEL III VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL, REPRESENTED BY ITS CHAIRMAN RODOLFO C. GARCIA, AND THE MORO ISLAMIC LIBERATION FRONT PEACE NOGIATING PANEL, REPRESENTED BY ITS CHAIRMAN MOHAGHER IQBAL :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated August 29, 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 Panel on Ancestral Domain, represented by Sec. Rodolfo Gacia 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 Gacia 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 Gacia 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 on Ancestral Domain, represented by Hon. Rodolfo Gacia and Hermogenes Esperon, in his capacity as the Presidential Adviser on Peace Process); and G.R. No. 183962 (Ernesto M. Maceda, Jejomar C. Binay and Aquilino L. Pimentel III vs. The Government of the Republic of the Philippines Peace Panel, represented by its Chairman Rodolfo C. Garcia, and the Moro Islamic Liberation Front Peace Nogiating Panel, represented by its Chairman Mohagher Iqbal). � The Court Resolved to

(a) GRANT the Motion for Leave to Admit Petition-Intervention, dated August 11, 2008, filed by counsel for petition-intervenors Hon. Marino Ridao and Kisin Buxani;

(b) NOTE the Petition-Intervention, dated August 11, 2008, filed by counsel for aforesaid petition-intervenors Hon. Ridao and Buxani;

(c) NOTE the various pleadings filed by the Office of the Solicitor General in compliance with the directives in open court during the August 22, 2008 Oral Argument, to wit:

(i) Compliance, dated August 26, 2008, submitting the copy of the initialed draft of the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the GRP Panel and the MILF, including its annexes, and furnishing the petitioners with copies of the aforesaid initialed draft of the MOA-Ad;

(ii) Aforesaid copy of the draft of the Memorandum of Agreement on Ancestral Domain;and

(iii) Consolidated reply dated August 26, 2008 to the

(1) Comment and Opposition of Zamboanga City dated August 20, 2008 (G.R. No. 183893); and

(2) Joint Opposition of Intervenors Franklin M. Drilon, Adel A. Tamano and Senator Manuel A. Roxas, dated August 21, 2008;

(d) NOTE the Manifestation dated August 26, 2008, filed by the Office of the Solicitor General (OSG) for respondents Government of the Republic of the Philippines Peace Panel on Ancestral Domain (GRP), represented by Secretary Rodolfo Garcia, et al., stating the OSG was unable to comply with the directives of the resolution of August 15, 2008, which required the respondents to file their comments not later than 12 noon of August 21, 2008 on the various-in-intervention filed by the petition-intervenors,

(i) Province of Sultan Kudarat;
(i) Atty. Ruy Elias Lopez;
(ii) Hon. Marino Ridao and Kisin Buxani; and
(iii) Carlo B. Gomez, Gerardo S. DIlig, Nesarion C. Awat, Joselito C. Alisuag and Richalex G. Jamis,

(e) NOTE the Consolidated Comment, dated August 27, 2008, filed by the Office of the Solicitor General (OSG) for respondents Government of the Republic of the Philippines Peace Panel on Ancestral Domain (GRP), in compliance with the resolution of August 15, 2008, relative to the various-in-intervention filed by the petition-intervenors, to wit;

(i) Petition-Intervention of Hon. Mario Ridao and Kisin Buxani dated August 11, 2008;

(ii) Petition-Intervention of the Province of Sultan Kudarat dated August 12, 2008;

(iii) Petition-Intervention of Atty. Ruy Elias Lopez dated August 12, 2008; and

(iv) Petition-Intervention of Carlo B. Gomez, et al. dated August 14, 2008;

(f) GRANT the Motion for leave to File Rejoineder dated August 26, 2008, filed by counsel of petitioner City government of Zamboanga, et al., relative to respondents� Consolidated Reply to Petitioners� Opposition to Respondents� Manifestation and Motion to Dismiss dated August 19, 2008;

(g) NOTE the Rejoinder dated August 27, 2008, relative to the Consolidated Reply of the Office of the Solicitor General dated August 26, 2008, filed by counsel of petitioner City government of Zamboanga, as represented by City Mayor Celso L lobregat, and in his personal capacity as a resident of the City, Rep. Ma. Isabella G. Climaco, and Rep. Erico Basilio A. Fabian;

(h) GRANT the following Motions for leave and for Time to File Rejoinder:

(i) Motin for Leave and for Time to File, dated August 26, 2008, petitioner-intervenor Franklin M. Drilon for himself and on behalf of petition-intervenor Adel A. Tamano relative to respondents� Consolidated Reply dated August 26, 2008; and

(j) Motion for Leave and for Time to File the Rejoinder ( to Respondents� Consolidated Reply) dated August 27, 2008, filed by counsel for Petition-Intervenors Senator Manuel A. Roxas;

(i) GRANT Motion for Leave to File Supplement to the Comment on Respondents� Compliance, dated August 28, 2008, filed by petitioners City of Zamboanga, et al.; and

(k) NOTE the aforesaid Supllement to Commenmt on Respondents� Compliane, dated August 28, 2008, filed by petitioners City Mayor Celso L. Lobregat and in his personal capacity as resident of Zamboanga City, Rep. Ma. Isabelle G. Climaco and Rep. Erico Basilio A. Fabian.

At the continuation of the oral argument of these cases this morning, the following appeared:

(a) Counsel for the Petitioners

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

(b) Counsel for the Respondents

1. Solicitor General Agnes VST Devanadera
   
2. Assistant Solicitor General Vida G. San Vicente
   
3. Assistant Solicitor General Eric Remegio O. Panga
   
4. Senior State Solicitor Rolando Faller
   
5. Senor State Solicitor Jane Yu
   
6. Solicitor Elma M. Rafallo-Lingan
   
7. Solicitor Romeo Galzote
   
8. Solicitor Thelma Lee Sadoy
   
9. SolicitorChristine Nolasco-Jimenez
   
10. Margarita Victorino
    
11. Atty. Sedfrey Candelaia (for himself)
    
12. Atty. Soliman M. Santos (private collaborating counsel for Sec. Eseron)
    

(c) Counsel for petition-intervenors

1. Sen. Franklin Drilon, for himself
   
2. Atty. Pacifico A. Agabin, for intervenor Hon. Manuel Roxas
   
3. Atty. Ma. Lourdes Serano, for intervenor Hon. Franklin Drilon and Adel Tamano
   
4. Atty. Quirino G. Esguerra, Jr., for intervenor City Government of Isabela
   
5. Atty. Nasser Marohomsalic, Atty. Rasol Y. Mitmug and Atty. Carim L. Panumpang, for intervenor MUSLAF
   

Solicitor Genral Agnes VST Devanadera argued for twenty (20) minutes. In open court, Solicitor Genral Agnes VST Devanadera was directed to submit on Monday, September 1, 2008, the following documents, to wit:

(a) the written communication to her by Executive Secretary Eduardo Ermita that the MOA-AD will not be signed;

(b) the authority of Executive Secretary Eduardo Ermita that he is speaking for the President;

(c) the travel authority of the GRP-Panel when they went to Kuala Lumpur, Malaysia, on August 4, 2008; and

(d) the final draft of the MOA.

Atty. Sedfrey Candelaria was also called to answer questions as the Chief Legal Consultant for GRP Panel.

The Court further Resolved in open court to REQUIRE the parties to submit their respective MEMORANDA, within twenty (20) days from date,

With instructions to the OSG shall incorporate in its Memorandum all provisions in the Constitution that need to be amended in view of the agreement.�