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Official statement: Noynoy on the SC decision declaring the MOA-AD
unconstitutional, October 18, 2008
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“We find it disturbing that in weighing a matter of national and paramount
importance, where no less than the territorial sovereignty and integrity of our
country is at stake, the Supreme Court justices, who dissented on the
decision to declare the Memorandum of Agreement on Ancestral Domain Stay Connected
(MOA-AD) between the government and the MILF as unconstitutional, did so
on the sheer mootness of the case: the non-perfection of the MOA because Leave your email to receive our
it was merely "initialed," the parties not having actually signed the MOA and Newsletters, get notified about site
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the Palace's subsequent commitment that it will not be signed in its present
form or in any other form.” on the latest news about Noynoy,
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“The dissenting justices seem to have chosen to confront the issue on its face the nation.
alleged procedural infirmity rather than on its momentous constitutional
relevance.” Email Address:

“We believe that the mere act of initialing the MOA was sufficient to place it
within the reigns of what constitutes a ‘live constitutional controversy’. If the
dissenting justices believed that the MOA, its mootness notwithstanding, is
unconstitutional because its contents and concepts are not sanctioned by
the Constitution, and the President is without power to commit an assurance
that the Constitution will be later amended to accommodate the MOA, then it
should have been easy for them to believe that the President and her peace
advisers, in conducting talks, in negotiating for the MOA in its present form
14 and in initialing the same on behalf of the Government of the Republic of
the Philippines, were acting beyond the constitutional constraints of their
authority. We feel that there lies the ‘live constitutional controversy’ the
dissenting justices were desperately searching for in their respective
dissenting opinions.”

“Further, we have a situation where the officials embarked in a clearly

unconstitutional act and it was only due to public outcry and appropriate
judicial intervention that this travesty was averted. However, the decision did
not even admonish or recommend sanctions on these officials for proposing
the MOA that would result in the dismemberment of the Republic. If it were
an ordinary citizen who advanced the same MOA, it is almost certain that the
Department of Justice, known for its selective justice, will file criminal
charges for rebellion or sedition or whatever other criminal charges it can
think of against the said citizen for proposing the breaking-up of the state.”

“We are perplexed at how close the decision was called when in essence all
justices agreed that the MOA was contrary to law and patently
unconstitutional. As the final arbiter on all constitutional issues in our land,
the Supreme Court could have done this nation a great service if it issued a
categorical and definitive ruling on the matter and espoused controlling
principles therein. Instead, the dissenting justices seem to have sowed more
confusion rather than enlightenment to the public when they declared the
MOA as being moot and academic yet constitutionally infirm in its present
state.”

“We take relief, however, that the majority of the justices still sees the
transgressions and excesses committed by this administration and
possesses judicial courage and integrity to denounce the same.”
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