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Province of North Cotabato v. GRP Peace Panel [ SEPARATE OPINION AZCUNA, J. ]

THE PROVINCE OF NORTH COTABATO, duly represented by GOVERNOR JESUS SACDALAN and/or VICE-GOVERNOR EMMANUEL PI?OL, for and in his own behalf, Petitioners, versus 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 (OPAPEOPLE) or the so-called Office of the Presidential Adviser on the Peace Process, Respondents. [ SEPARATE OPINION AZCUNA, J. ]

G.R. No. 183591 | 2008-10-14

SEPARATE OPINION 


AZCUNA, J.: 

I agree with the ponencia but I hold the view that, had the MOA-AD been signed as planned, it would have provided a basis for a claim in an international court that the Philippines was bound by its terms at the very least as a unilateral declaration made before representatives of the international community with vital interests in the region. 

Whether the case of Australia v. France[1] or that of Burkina Faso v. Mali,[2] is the one applicable, is not solely for this Court to decide but also for the international court where the Philippines could be sued. While we may agree that the Philippines...