AMITA LEGASPI, GMANews.TV

MANILA, Philippines — A lawyer for one of the petitioners against the Memorandum of Agreement on Ancestral Domain on Friday said the government may be bound to honor the controversial pact if it had indeed been initialed by its negotiators.

Lawyer Pacifico Agabin, counsel for petitioner Sen. Manuel Roxas, said that under international law, “the mere initialing of the text of the MOA is equivalent to a signature expressing consent to the content of the same."

Peace negotiators Hermogenes Esperon Jr. and chief peace negotiator Rodolfo Garcia were earlier reported to have affixed their initials to the MOA.

Agabin expressed his opinion on Friday during a hearing by the Supreme Court on the petitions seeking to stop the signing of the MOA. Based on a petition filed by officials of North Cotabato, the Supreme Court on August 4 issued a temporary restraining order on the signing of the pact.

Roxas, together with former senator Franklin Drilon and United Opposition spokesman Adel Tamano, later filed another petition asking the court to permanently stop the agreement. The local governments of Zamboanga and Iligan also filed a similar petition.

With Agabin’s contention, the high court directed Solicitor General Agnes Devanadera to furnish the court with the initialed copy of the agreement.

The Supreme Court will resume its session on the case next Friday starting at 9 a.m.


‘Done deal’

Agabin said the MILF believed the MOA is already a “done deal" because they view it under international law and not under the domestic law. "MILF seems to consider MOA as a treaty rather than a mere domestic contract," he said.

The MILF, he said, does not understand the legal concept so "they felt that they have been betrayed."

Associate Justice Antonio Carpio said he believed otherwise, saying the inclusion of the clause that the Constitution should conform to MOA shows the MILF understand the concept.

Carpio quoted Al Haj Murad, MILF chairman, saying in a television interview that it is the intention of the MILF for the Constitution to conform to the MOA

"Can the executive commit that (amendment of Constitution to conform to MOA) to the MILF?" Carpio asked Agabin, who replied, "they cannot make that commitment."

"So the MOA is unconstitutional on that ground," Carpio said.

He again asked Agabin if the Philippine government is now bound to sign the MOA.

Agabin said, "under the international laws, initializing is a form of authentication. We are bound to sign it in formal form."

He said if the government will not sign the MOA, under the international laws, the MILF can make a case for authentication. "They can say that since the text have been authenticated by initializing," Agabin said.

Carpio said if the MOA is covered by international law, it can be considered as a treaty and being a treaty, even if signed, the MOA will not take effect until the ratification of Senate.

And if Senate will not ratify if, Agabin said under the international law, it is possible for the MILF to take the assistance of international organizations or other states.

"It gives the MILF a status as an international organization," Agabin said, adding the mere initializing of the created rights for the MILF in the viewpoint of international law.


Plebiscite

Chief Justice Renato Puno, however, noted that the MOA has a provision for a plebiscite in communities that are to be included in the proposed Muslim homeland to be created under the agreement.

Under the MOA, a Bangsamoro Juridical Authority (BJE) is to be created to include the existing Autonomous Region of Muslim Mindanao (ARMM) and more than 700 villages in other provinces in Mindanao and in Palawan.

Although the MILF has agreed to subject the pact to a plebiscite — something Nur Misuari of the Moro National Liberation Front (MNLF) would not accept — political leaders of some areas affected such as Zamboanga, North Cotabato and Iligan have refused to concede any inch of their present jurisdiction.

Should a plebiscite be held and residents of a certain town or city vote against inclusion into the BJE, it won’t be the first time such would happen.

During a previous election, the residents of Cotabato City and Isabela, the capital of Basilan province, voted against inclusion in the ARMM.


No authority

Agabin, meanwhile, said he cannot find the authority for President Gloria Macapagal Arroyo to delegate the creation of the Bangsamoro Juridical Entity (BJE).

Answering a question by Justice Conchita Carpio-Morales, Agabin said such power is mandated to the legislature, or Congress.

"She cannot delegate the power that does not belong to her," Agabin said.

With that, Morales said the President cannot bind the Congress to do things. "The Congress cannot be bound with an act of the executive department. The exercise of sovereignty is latched in the legislature and not in the executive," she said. - GMANews.TV