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Province of North Cotabato v. GRP Peace Panel [ SEPARATE CONCURRING OPINION YNARES-SANTIAGO, 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 CONCURRING OPINION YNARES-SANTIAGO, J.]

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

SEPARATE CONCURRING OPINION 


YNARES-SANTIAGO, J.: 

I join the majority opinion and concur in the views expressed in the ponencia. More particularly, I register my agreement in prohibiting respondents and their agents from signing and executing the Memorandum of Agreement on Ancestral Domain (MOA-AD), or any similar instruments. The said MOA-AD contains provisions which are repugnant to the Constitution and which will result in the virtual surrender of part of the Philippines' territorial sovereignty, which our people has spent decades fighting for and which scores of men in uniform have valiantly defended. 

While the ponencia...