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Province of North Cotabato v. GRP Peace Panel [ DISSENTING OPINION NACHURA, 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. [ DISSENTING OPINION NACHURA, J. ]

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

DISSENTING OPINION


NACHURA, J.:

I respectfully dissent from the ponencia of Justice Carpio Morales, even as I agree with its holding that the MOA-AD is not an international agreement or unilateral declaration binding on the Philippines under international law.

Statement of the Case

We are confronted with various petitions assailing the constitutionality of the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the respondent Government of the Republic of the Philippines Peace Panel (GRP),[1] and the Moro Islamic Liberation Front (MILF),[2] to wit:

1. a petition for Prohibition and Mandamus with prayer for the issuance of a Writ...