COMMENTARY: REVISITING MOA-AD: Mockery of the Century

By: Mike G. Kulat

The recent squabbles within the whole instrumentalities of the government and the deplorable conditions of over half a million civilians brought about by the aborted signing of the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the Moro Islamic Liberation Front (MILF) and the Government of Republic of the Philippines (GRP) scheduled on August 5, 2008 in Kuala Lumpur, Malaysia could be considered the greatest drama in the annals of history.

The whole drama intended to mock the centuries old Bangsamoro problem only exposed the rotten system and complete ignorance of those holding the reign of this government. This defect no doubt rendered it inept to manage a complex problem such as that of the Bangsamoro problem. The matter only justifies doubt and clamor of the people of decaying system in the past decades. People had long been restive of ever deteriorating political, economic and socio-cultural condition under different regimes. This social unrest consequently manifested by the ouster of the dictator Ferdinand Marcos, the unaccounted numbers of coup d’etat on the Aquino Administration, the ejection, conviction and imprisonment of Joseph Estrada of plunder case and the present shaky government of the Arroyo administration due to calls of anomalies ranging from illegitimacy, electoral fraud and human rights violations. On top of the above scenario, the problem in Mindanao surpassed all these regimes marred by sporadic peace and continuing war in Mindanao.

First, going back to the MOA-AD or that “piece of paper” as “nothing more than an elaborate collection of ‘wish-lists” as termed by veteran constitutionalist Fr. Joaquin Bernas and or “agreement of intent” as said by Archbishop Orlando Quevedo that shaked and brought about the exposure of ignorance and disorder that violated the doctrine of separation of powers among the three branches of the government – the Executive, Legislative and Judicial. Or the “MOA-AD: Build not Destroy” said Prof. Julkipli Wadi. But how all the mess started?

A brief review of how the branches of the government works under the principle of separation of powers and as taught to us by Fr. Joaquin Bernas is that: the MOA-AD is a “political question” which is under the prerogative and power of the Executive Branch. As quoted, the Supreme Court said in earlier case “that the doctrine of separation of powers calls for the departments (executive, legislative and judicial) being left alone to discharge their duties as they see it fit.”

After the Executive should have done an act or in the case of the MOA-AD should have been signed, the Legislative Branch should now intervene by formulating enabling laws to implement that act or deal entered into by the executive branch.
Only after the Executive and Legislative should have done the signing and formulated enabling laws respectively, should the Judicial Branch could interpose when “properly challenged in an appropriate legal proceeding.”
Recalling back the mess, it started when the Legislative Branch represented by Senators Mar Roxas and Franklin Drilon acting with their local political interest groups led by North Cotabato Vice Governor Emmanuel Pinol went on different media outlets raising hell of judgmental and irresponsible pronouncement on the unconstitutionality of the MOA-AD, a legislative action seen by laymen as overlying the function of executive and judicial departments.

Adding fuel to the fire of confusion and shocking to rightly guided intellectuals was when the Supreme Court issued the Temporary Restraining Order (TRO) on August 4, 2008 restraining the GRP Negotiating Panel from signing the MOA-AD – an act which was premature and pre-emption of a supposed separate duty of the executive branch. This happened despite the pronouncement of one of the justices in their oral arguments that “..the Supeme Court is not a trier of facts.” Is MOA-AD not considered as facts, since there was no act of signing yet nor a law passed related to it? The Supreme Court is interpreter of laws. And Solicitor General Agnes Devanadera in one of her TV interviews said, “How can the Supreme Court declare unconstitutional a matter which was not yet consummated?” Then what did they interpret in the MOA-AD?

Completing the muddle is that after the Supreme Court decided to continue its hearing and conclude its decision on the MOA-AD, the Executive Branch announced that whatever is the decision of the court, it doesn’t matter to them. They gave pronouncements that they will never pursue signing of the MOA-AD in its present form or any other form. This is an act of total disregard and disrespect of the executive branch on the highest court of the land. Good enough for after all the Supreme Court started all the mess by pre-empting the acts of executive and legislative branches.

To sum up, the sham that shows the real character of this regime, the shameful picture of the Philippine government had been revealed in the backyard of a respected and proud capital city of Kuala Lumpur in Malaysia. For it was done at a time when all the diplomats, dignitaries of other countries, the representatives of the Organization of Islamic Countries including the US Ambassador to the Philippines Kristie Kenny and many more were all set for witnessing a historic ending of centuries old problem of the Bangsamoro, only to be informed that no signing would take place.

In other words, this shameful mockery of the Bangsamoro is all thrown back to the Philippine government and witnessed by the international communities which could be considered a milestone of treachery of a rotten system.

The final consequence of the MOA-AD misfortune is to paraphrase a title of issue raised by Atty. Soliman Santos Jr. which says: “The MOA is dead! Long Live MOA!” Yes the MOA-AD for the government is already a dead issue. Nevertheless, the incident will forever leave as trade mark of disorder and weak government and a worse treachery of the Philippine government.

For the Bangsamoro, “Long Live MOA”, for it doesn’t matter whether it is signed or not, but what is definite is it already become a significant landmark in the centuries-old struggle for self determination of the Moro People. It will become a momentous rallying point in the continuance of their aspiration for recognition as unique and distinct people. The distressing event is a blessing in disguise for it gave the Bangsamoro a time to re-think and search for other options. It could also be a fresh opportunity to the MILF as armed revolutionary movement to choose another option if peaceful means is not possible or shift their struggle to higher pedestal since a solution within the ambit of Philippine context is seemingly impossible.