Case Summary (G.R. No. 218406)
Petitioners’ Core Claims
Petitioners assert that the FAB and CAB violate the Constitution and existing laws by (a) giving unwarranted advantages to MILF and thereby violating Sections 3(e) and (g) of Republic Act No. 3019, (b) exceeding the authority of the Executive by committing to amend the Constitution and existing laws, (c) attempting to create a new sub-state (Bangsamoro Political Entity) replacing ARMM and effectively shifting the State toward federalism beyond the Peace Panel’s authority, (d) usurping Congress’s legislative powers, and (e) being substantially similar to the previously invalidated MOA-AD of 2008.
Relevant Legal Instruments and Constitutional Provisions
The 1987 Philippine Constitution is the governing constitutional instrument for the Court’s analysis. The decision relies on Section 1, Article VIII (judicial power and justiciability) and Section 18, Article X (Congress’s power to enact an organic act for autonomous regions). Petitioners additionally invoked RA No. 3019 (anti-graft law), and Executive Orders (EO No. 125, EO No. 3, EO No. 120, and EO No. 08) feature in the factual and procedural narrative.
Factual Background — Peace Process and Agreements
Negotiations between the GPH and MILF culminated in the FAB (signed 15 October 2012) and subsequently the CAB (signed 27 March 2014), with annexes on transitional arrangements, revenue and wealth sharing, power sharing, normalization, and an addendum on waters and zones of joint cooperation. The CAB consolidated the FAB and these annexes. The agreements envisioned creation of a Bangsamoro political entity to replace the Autonomous Region in Muslim Mindanao (ARMM), but implementation was expressly conditioned on enactment of a Bangsamoro Basic Law by Congress.
Transitional and Legislative Mechanisms
EO No. 120 (issued during the Aquino administration) constituted the Bangsamoro Transition Commission (BTC) with functions to draft a proposed Bangsamoro Basic Law consistent with FAB and recommend proposed constitutional amendments to Congress or the people. EO No. 08 (issued during the Duterte administration) expanded the BTC’s membership and reiterated its functions, including drafting proposals for the Bangsamoro Basic Law and recommending constitutional amendments for submission to Congress or the people.
Legislative Proceedings and Status of the Bangsamoro Basic Law
The BTC submitted a draft Bangsamoro Basic Law to President Aquino, who forwarded it to the 16th Congress as House Bill No. 4994, later substituted by House Bill No. 5811 in the House and accompanied by Senate Bill No. 2894 in the Senate. The 16th Congress adjourned sine die on 6 June 2016 without enacting the Bangsamoro Basic Law; the bill thus required refiling before the succeeding Congress.
Procedural Posture Before the Court
Multiple petitions challenging the FAB and CAB were filed and consolidated in various resolutions. The petitions sought remedies including declarations of unconstitutionality, certiorari, prohibition, mandamus, injunctive relief, and temporary restraining orders. The consolidated matter presented a central question on whether the CAB and FAB are constitutional and enforceable or whether they unlawfully bound the State to acts beyond the Executive’s authority.
Threshold Legal Issue — Justiciability and Ripeness
The Court framed the threshold inquiry under Section 1, Article VIII of the 1987 Constitution: judicial power is limited to actual controversies involving legally demandable and enforceable rights. The doctrines of justiciability and ripeness require that a challenged act have produced a direct adverse effect on the challenger or that actual, concrete rights be in conflict and susceptible of judicial resolution before the Court may intervene.
Distinction from the MOA-AD (Province of North Cotabato v. GRP)
The Court contrasted the CAB/FAB with the 2008 MOA-AD, which it had previously declared unconstitutional. The decisive distinctions: the MOA-AD purportly created immediately operative rights and jurisdictional transfers (e.g., Bangsamoro Juridical Entity control over ancestral domains) without requiring implementing legislation; the MOA-AD contained executive commitments effectively to overhaul the Constitution, thereby usurping congressional and popular roles in constitutional amendment. By contrast, the CAB/FAB explicitly condition implementation upon enactment of a Bangsamoro Basic Law by Congress and subsequent ratification processes.
Practical and Legal Consequences of the CAB/FAB’s Conditionality
Because the CAB and FAB require an implementing Bangsamoro Basic Law, their provisions are preparatory and not self-executing. The agreements anticipate and seek to guide legislative action but do not compel Congress to adopt any particular formulation; Congress remains free to accept, amend, revise, or reject the proposed law. The Executive cannot bind Congress to enact the BTC draft or any particular constitutio
...continue readingCase Syllabus (G.R. No. 218406)
Case Caption and Consolidation
- The case consists of five petitions consolidated for resolution: G.R. Nos. 204354, 204355, 218406, 218407, and 218761.
- Consolidation occurred by successive Court resolutions: G.R. Nos. 204354 and 204355 consolidated (Resolution dated 11 December 2012); G.R. Nos. 218406 and 218407 consolidated (Resolution dated 23 June 2015); G.R. No. 218761 consolidated with G.R. Nos. 218406 and 218407 (Resolution dated 12 January 2016); final consolidation of all five petitions by Resolution dated 22 November 2016.
- The petitions challenge the constitutionality and validity of the Comprehensive Agreement on the Bangsamoro (CAB) and the Framework Agreement on the Bangsamoro (FAB), executed on 27 March 2014 and 12 October 2012, respectively.
Parties and Standing (Petitioners and Respondents)
- Petitioners include: Philippine Constitution Association (PHILCONSA) and individual leaders (G.R. No. 218406); Tanggulang Demokrasya (TAN DEM), Inc. and named members (G.R. No. 218761); Rev. Vicente Libradores Aquino, Rev. Mercidita S. Redoble, and International Ministries for Perfection and Party Against Communism and Terrorism, Inc. (IMPPACT, Inc.) (G.R. No. 204355); Jacinto V. Paras (G.R. No. 218407); Rev. Elly Velez Pamatong (G.R. No. 204354).
- Respondents include: the Government of the Philippines (GPH) represented by its peace negotiators (Marvic M.V.F. Leonen; Miriam Coronel-Ferrer), the Moro Islamic Liberation Front (MILF) and certain named officials, as well as other government officers implicated in peace negotiations.
- Specific representatives and respondents are identified in each petition as set forth in the consolidated caption.
Core Legal Issue Presented
- The threshold and central issue: whether the CAB, including the FAB, is constitutional.
- Ancillary legal questions raised by petitioners: whether the peace agreements (CAB/FAB) unlawfully bind or usurp the powers of Congress or the sovereign people; whether the Executive committed to amend the Constitution; whether the agreements create a de facto sub-state (Bangsamoro Political Entity) or effectively reinstate features of the constitutionally invalid MOA-AD (2008).
Factual and Historical Background
- EO No. 125 (15 September 1993) created the Office of the Presidential Adviser on the Peace Process for a "comprehensive, integrated and holistic peace process with Muslim rebels."
- EO No. 3 (28 February 2001) amended EO No. 125 and reaffirmed the government's commitment to a comprehensive peace process under which the Government Peace Negotiating Panel (GPNP) engaged the MILF.
- The MOA-AD was prepared on 27 July 2008 following negotiations but was declared unconstitutional by the Court in Province of North Cotabato v. Government of the Republic of the Philippines Peace Panel on Ancestral Domain (2008).
- Marvic M.V.F. Leonen became GPNP head and chief negotiator in July 2010; Miriam Coronel-Ferrer succeeded him as GPNP Chairperson on 7 December 2012.
- The FAB, a preliminary peace agreement, was signed on 15 October 2012, calling for creation of an autonomous political entity named "Bangsamoro" to replace the Autonomous Region in Muslim Mindanao (ARMM).
- Annexes and Addendum to the FAB were negotiated and signed subsequently in Kuala Lumpur: Transitional Arrangements and Modalities (27 February 2013); Revenue Generation and Wealth Sharing (13 July 2013); Power Sharing (8 December 2013); Normalization (25 January 2014); Addendum on Bangsamoro Waters and Zones of Joint Cooperation (25 January 2014).
- The CAB, integrating the FAB, its Annexes and other agreements, was signed by the GPH (represented by Miriam Coronel-Ferrer) and the MILF on 27 March 2014.
- EO No. 120 (17 December 2012) constituted the Bangsamoro Transition Commission (BTC) to draft the Bangsamoro Basic Law (BBL) consistent with the FAB and to recommend proposed constitutional amendments to Congress or the people.
- The BTC was to cease operation upon enactment by Congress of the Bangsamoro Basic Law (Section 5 of EO No. 120).
- A draft Bangsamoro Basic Law (House Bill No. 4994) was presented to the 16th Congress on 10 September 2014; an alternate House version (HB No. 5811) was passed by the House Ad Hoc Committee on 27 May 2015; Senate Bill No. 2894 (Basic Law for the Bangsamoro Autonomous Region) was presented on 10 August 2015.
- The 16th Congress adjourned sine die on 6 June 2016 without passing the Bangsamoro Basic Law; the bill thus required refiling in the succeeding Congress.
- EO No. 08 (7 November 2016) issued by President Rodrigo Roa Duterte amended EO No. 120 (as amended by EO No. 187, 2015), expanding the BTC membership from 15 to 21 and affirming BTC functions: drafting proposals for the BBL for submission to the Office of the President and recommending proposed constitutional amendments to Congress or to the people.
Specific Provisions and Contents of the FAB/CAB and Annexes (as described)
- FAB (15 October 2012): a framework agreement calling for creation of the autonomous political entity "Bangsamoro" replacing ARMM.
- Annex on Transitional Arrangements and Modalities (27 February 2013): established transitional process for Bangsamoro, creation of Bangsamoro Transition Commission, drafting of the Bangsamoro Basic Law, and Bangsamoro Transition Authority.
- Annex on Revenue Generation and Wealth Sharing (13 July 2013): enumerated sources of revenue for the Bangsamoro government and its power to levy taxes, fees and charges.
- Annex on Power Sharing (8 December 2013): discussed intergovernmental relations between the central government, the Bangsamoro government and constituent units.
- Annex on Normalization (25 January 2014): outlined laying down of weapons by MILF members and their transition to civilian life.
- Addendum on Bangsamoro Waters and Zones of Joint Cooperation (25 January 2014): detailed scope of waters under Bangsamoro jurisdiction (12 nautical miles from the coast) and Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf.
- Provision I(C) of the Annex on Transitional Arrangements and Modalities: provides that the proposed Basic Law shall be submitted to the Office of the President and that the President shall submit the proposed Basic Law to Congress as a legislative proposal and certify it as urgent.
Petitioners’ Principal Legal Contentions (summarized by petition grouping)
- G.R. No. 218406 (PHILCO