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

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

SEPARATE OPINION


Tinga, J.:


As a matter of law, the petitions were mooted by the unequivocal decision of the Government of the Philippines, through the President, not to sign the challenged Memorandum of Agreement on Ancestral Domain (MOA-AD). The correct course of action for the Court is to dismiss the petitions. The essential relief sought by the petitioners-a writ of prohibition under Rule 65-has already materialized with the Philippine government's voluntary yet unequivocal desistance from signing the MOA-AD, thereby depriving the Court of a live case or controversy to exercise jurisdiction upon.

At the same time, I deem it impolitic...