President Arroyo has not read MOA-AD - Devanadera to SC

Fools!

President Arroyo has not read MOA-AD - Devanadera to SC
08/29/2008
MANILA, Philippines — President Gloria Macapagal Arroyo has never read the controversial ancestral domain agreement between the government and the Moro Islamic Liberation Front (MILF), Solicitor-General Agnes Devanadera claimed on Friday.

The government lawyer made the statement during the resumption of the Supreme Court’s hearing on the petitions questioning the constitutionality of the memorandum of agreement on ancestral domain (MOA-AD).

“The panel conveyed to me that the MOA was not submitted to the Office of the President," Devanadera told the court. “She never saw it, she was never shown a copy."

Devanadera clarified, however, that this was the arrangement that was agreed upon.

“The process was the GRP will be submitting the MOA to the President after the signing," said Devanadera.

When President Arroyo mentioned in her State of the Nation Address last July 28 that issues regarding ancestral domain have been resolved, she was only relating what the government peace panel reported to her, added Devanedera.

‘Unbelievable’

Former Senate President Franklin Drilon, one of the petitioners, said he finds Devanadera’s statements unbelievable.

“I don’t believe that. I don’t believe at all. They are covering up from the weaknesses of the case. I cannot imagine that the whole August 5 ceremony will take place without the President’s clearance. I even had information that they discussed this in the Cabinet," said Drilon.

He added that if President Arroyo had indeed read the MOA, she could be impeached because she did not stop it even though it contained unconstitutional provisions.

“But the problem is they denied that the President saw the MOA and approved it," said Drilon.

The Supreme Court adjourned its hearing around 6:30 p.m.

Before adjourning, the High Court gave both parties 20 days to submit their memorandum – a summary of their positions – on the case.

The Justices also ordered Devanadera to submit the following on Monday: the official statement given to her by Malacañang certifying that the government will not sign the MOA, the travel authority granted by the government to the government panel to go to Malaysia for the supposed August 5 signing, and the final draft of the MOA.

Devanadera had earlier fumbled because there were different MOA draft copies circulated at the Court, with some not initialed and some containing names of towns that were not included in the final MOA draft.

The case may be considered for resolution once the opposing parties have submitted all the requirements.

Earlier during the day, Devanadera said a letter from Malacañang stated that the government will not sign the MOA even if the Supreme Court will rule favorably on it.

She said that when she clarified the government’s position with Executive Secretary Eduardo Ermita, he told her that the government will not sign the MOA “in its present form and in any other form."

The government position was criticized by Sen. Mar Roxas who raised three questions regarding Devanadera's revelations.

"Una, sinabi ng Solgen na hindi alam ng Pangulo ang laman nitong napakaimportanteng MOA na nagpa-partition sa ating bansa. This is outrageous. This is either untrue, or shows just how out of touch Malacañang is. It also makes us wonder what ulterior motives are involved here," he said.

"Pangalawa, inamin din na walang kapangyarihan ang mga negosyador na pirmahan ang MOA. E ano ang ginawa nila sa Kuala Lumpur? Bakit dumating ito sa hantungang ito kung wala pala silang kapangyarihan?" he said.

Roxas made the remarks hours after the high court ended its hearing on the MOA-AD.

The senator said that when the solgen said that the MOA won't be signed in its present or in other forms, it meant that government has abandoned the whole process.

"Super turnaround ito, at pinapakita na hindi nila sineryoso at hindi nila alam ang implikasyong ito," he said.

He criticized the government peace panel not just for disregarding the Philippine Constitution, but for not considering the effectivity of the agreement in accordance with international law.

"Malinaw na malinaw sa pagtanong ng mga hustisya na ayon sa international doctrine, kung anuman ang kasunduang ito, may implikasyon ito, at mapipilitan tayo na baguhin ang ating Saligang Batas, baguhin ang ating batas para mag-conform sa MOA,"he said.

"Ang ibig sabihin ay ang MOA ngayon ang siyang iiral na batayan para sa kung ano ang gagawin sa ating Saligang Batas," he added.- Amita Legaspi and Johanna Camille Sisante, GMANews.TV

SC hearing shows Palace's ‘grave abuse of discretion’ in ancestral agreement with MILF

Charter change clause in MOA ‘unconstitutional’-SC justice

Charter change clause in MOA ‘unconstitutional’-SC justice

MANILA, Philippines – (UPDATE 4) A provision in the memorandum of agreement on ancestral domain between the government and the Moro Islamic Liberation Front that seeks to amend the Constitution to conform with the MOA makes it unconstitutional, a Supreme Court justice said Friday.
Responding to the argument by Dean Pacifico Agabin, lawyer for Senator Manuel “Mar” Roxas, one of the intervenors, that the executive could not commit to the MILF the amendment of the Constitution to conform with the agreement, Justice Antonio Carpio asked: “There is that clause under the MOA, correct?”
“Yes,” said Agabin during Friday’s oral arguments atthe Supreme Court that is trying to determine the constitutionality of the MOA-AD.
“Then the MOA is unconstitutional on that ground,” said Carpio who also cited a television interview by an MILF leader who said that the Constitution needed to be amended to conform with the MOA.
Carpio said the MILF wanted this provision to be included in the MOA because “the MILF did not want to be bound by our Constitution.” Inquirer

Blood in Gloria Arroyo’s hands

MILF Sees Renewed Escalation of Conflict with GRP

Gloria carves out Mindanao for MILF
Gov’t, MILF settle all issues on ancestral domain

Mindanao Conflict: Tipo-Tipo Fiasco

Marine officers probed: Wrong frequencies prevented aerial bombing, strafing


Tell that to the Marines

It appears that the intervention of OIC Defense Chief Norberto Gonzales in the Tipo-Tipo fiasco may have prevented military ground commanders from pursuing Moro rebels after the firefight. Politicians should not intervene in military operations. Radio snafu is a flimsy excuse.

Excerpts from Daily Tribune: “They (officers) said if not because of him (Gonzales), our men could have already pursued the enemies right from that incident in Tipo-Tipo. But he intervened. He paraded himself in Basilan, talked to the local government units there, governors, other civilians including the MILF or members of the CCCH (Ceasefire Committee on the Cessation of Hostilities). He should get out from the DND (Department of National Defense). He may be good in another Cabinet post but not in the DND,” the Yes Arms spokesman said.

“He (Gonzales) is creating too much furor already within the AFP, (causing) more dissension on the part of our soldiers. They (Malacañang) are making our soldiers look stupid when these people are more intelligent than their leaders who show no leadership,” Aparri said.
He added the soldiers who survived the Al-Barka clash “feel that they are being sacrificed by this government for an objective that they don’t know.”


Related Links:

Trillanes: Govt execs led Marines to death trap
Ancestral Domain in Comparative Perspective
Ancestral domain still top issue when talks with MILF resume
SELF-DETERMINATION AND PEACE IN MINDANAO
The Akbar connection
The Story of the Moros