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a collections of case digests and laws that can help aspiring law students to become a lawyer


Province of North Cotabato vs GRP Peace Panel on Ancestral

6/16/2020

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ISSUE:  Whether or not Republic Act 9522 is unconstitutional for reducing the Philippine Maritime Territory. 

FACTS: 
The MOA on the Ancestral Domain Aspect of the GRP-MILF Tripoli Agreement of Peace of 2001 is assailed on its constitutionality. This document prepared by the joint efforts of the Government of the Republic of the Philippines (GRP) Peace Panel and the Moro Islamic Liberation Front (MILF) Peace Panel, was merely a codification of consensus points reached between both parties and the aspirations of the MILF to have a Bangsamoro homeland. 

DECISION: 
The MOA on the Ancestral Domain Aspect of the GRP-MILF Tripoli Agreement on Peace of 2001 is declared contrary to law and the Constitution. 

RATIO DECIDENDI: 
Yes. Since the MOA has not been signed, its provisions will not at all come into effect. The MOA will forever remain a draft that has never been finalized. It is now nothing more than a piece of paper, with no legal force or binding effect. It cannot be the source of, nor be capable of violating, any right. The instant Petitions, therefore, and all other oppositions to the MOA, have no more leg to stand on. They no longer present an actual case or a justiciable controversy for resolution by this Court.  
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