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

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

SEPARATE CONCURRING OPINION 


CARPIO, J.: 

If this Court did not stop the signing of the Memorandum of Agreement on Ancestral Domain (MOA-AD), this country would have been dismembered because the Executive branch would have committed to amend the Constitution to conform to the MOA-AD. The MOA-AD gives to the Bangsamoro Juridical Entity (BJE) the attributes of a state, with its own people, territory, government, armed forces, foreign trade missions, and all other institutions of a state,[1] under the BJE's own basic law or constitution.[2] 

Usurpation of the Powers of Congress and the People 

The initialed MOA-AD between...