COMMENTARY: SC decision on MOA-AD

By Kaka Mike

Peace to All!

The decision of the eight Supreme Court Justices on the Memorandum of Agreement on Ancestral Domain (MOA-AD) as unconstitutional is not at all surprising and is already expected. For no doubt the Supreme Court represents the mindset -- biases, prejudices and chauvinism against the Moro People by the majority of the Filipino people. These harsh feelings against the Moro Nation is being manifested and represented all through out from the local
government officials led by North Cotabato Vice Governor Manny Pinol to the Legislative led by Senator Mar Roxas and the eight Justices of the Supreme Court and their cohorts. In totality, these actuations is the real replica of the Philippine Government as a whole with regard to the inherent right of the Moro People for self-determination as enshrined both in domestic and international frameworks and which are actually part of the law of the land.

WHAT IS WORRISOME IS? It is the revelation that the "doctrine of separation of powers" among the three branches of the government (executive, legislative and judicial) is non-existent. Otherwise, the act of the legislative and judicial bodies in mingling and pre-empting a political issue which is under the jurisdiction of the Executive Branch is MORE UNCONSTITUTIONAL.

The next to be more dangerous in the future is that the Supreme Court decision will already be a precedent to any cases and be cited in any future case. It means that from now on the Supreme Court can now declare unconstitutional any plan or even individual or group thinking as unconstitutional. As Solicitor-General Devanadera in one of the TV interviews said: "How can the Supreme Court declare unconstitutional a matter which was not yet consummated?" So this is where the danger lies.

I just wonder if these Justices and ranking government officials who oppose the MOA-AD know what is "inherent right to self-determination of peoples" and "right of the minorities". Are they totally ignorant or just blinded by their self-interests?