Philippines Supreme Court Junks Muslim Homeland Deal

MANILA, Philippines (Mindanao Examiner / Oct. 14, 2008) – The Philippines Supreme Court of Tuesday declared as unconstitutional the Muslim homeland deal initially signed by government and rebel peace negotiators.

The decision came out barely two months after the Supreme Court suspended the formal signing August 5 of the territorial deal with the Moro Islamic Liberation Front.

The MILF, the country’s largest Muslim rebel group is fighting for nearly four decades for the establishment of a separate state in Mindanao.

The Supreme Court voted 8-7 in ruling that the Memorandum of Agreement on the Ancestral Domain with the MILF violated provisions in the Constitution. President Gloria Arroyo quit peace negotiations with the MILF after accusing the rebel group of attacking civilian areas following the aborted signing of the Muslim territorial deal.

The MILF said the peace panels have initially signed the Muslim homeland agreement in July this year in Malaysia, which is brokering the talks and would not renegotiate the agreement.

The rebels said Mrs. Arroyo’s emissaries rushed the signing of the Memorandum of Agreement on the Ancestral Domain with the MILF so she can include it in her state of the nation address on July 28.

The controversial deal also sparked massive protests from politicians opposed to the agreement that would have granted about four million Muslims their homeland in more than 700 villages across Mindanao.

Arroyo later scrapped the Muslim homeland deal and abolished the government team negotiating with the MILF and vowed to achieve peace in the restive region through dialogues and consultations with the communities and political leaders.

Mohagher Iqbal, MILF chief peace negotiator, said the decision of the Supreme Court further complicated the situation in Mindanao.

“We are not affected by the decision of the Supreme Court. It has no bearing on the MILF. As far as we are concerned the Memorandum of Agreement on the Ancestral Domain is a done deal because the peace panels had already initialed the deal.”

“The problems are now with the Philippine government. The MILF will not negotiate anymore the ancestral domain agreement. The Philippine government violated all peace agreements and the trust of all stakeholders in the Mindanao peace process,” he told the Mindanao Examiner by phone from a rebel base in Mindanao.

Sporadic fighting in recent weeks have killed and wounded many soldiers and rebels and displaced as much as half a million people in the southern Philippines. (Mindanao Examiner)

Zamboanga City To Resist Inclusion Of 8 Villages To Muslim Ancestral Domain

Zamboanga City Mayor Celso Lobregat, left, gestures during a news conference while Abdurahman Nuno, a member of the City Council, listen. (City Hall Photo)

ZAMBOANGA CITY, Philippines (Mindanao Examiner / August 6, 2008) – The Philippines Supreme Court's order to stop the signing of a memorandum of agreement on ancestral domain with the Moro Islamic Liberation Front (MILF) is only the beginning of a long and tedious legal fight to retain the integrity and sovereignty of Zamboanga City, Mayor Celso Lobregat said.

Lobregat said there is much to be done to ensure that Zamboanga will remain intact. “This is only the beginning. In fact, we need more prayers. People from different faiths should be more prayerful than ever,” Lobregat said in a statement posted at the Zamboanga City website.

Lobregat said that the High Court's decision was unprecedented. “Who would have thought the Supreme Court would issue the TRO with such haste and speed?”

“We need divine intervention," Lobregat said, adding, he expects other areas covered by the ancestral domain to also protest the inclusion of their communities to the proposed Bangsamoro Juridical Entity, which would make up a separate Islamic homeland in Mindanao.

He said North Cotabato and Sibugay provinces, including the cities of Zamboanga, Iligan and Isabela have strongly opposed the inclusion of their villages to the ancestral domain.

Lobregat said a team of lawyers from the different local governments will be meeting soon in Zamboanga City to map out the next move, before August 15 when the oral arguments on the main petition begin in the Supreme Court.

The High Tribunal ordered asked the government to provide it a copy of the memorandum of agreement on the ancestral domain not later than August 8.

“The High Court issued the TRO which restrains the respondents (Government of the Republic of the Philippines) from signing the MOA-AD (with the Moro Islamic Liberation Front),” Lobregat said.

Lobregat said the government failed to consult with the locals about the ancestral domain agreement. He said residents reject the inclusion of Zamboanga City villages to the ancestral domain.

He said eight villages, including two from downtown areas, are included in the proposed Muslim homeland. But Presidential peace adviser Hermogenes Esperon said only Sacol, a predominantly Muslim island of six villages, is included in the deal and that a referendum would follow a year later where the islanders would want to be part of a separate Muslim homeland. (Mindanao Examiner)

Philippine Troops On Alert After High Court Blocks Signing Of Muslim Ancestral Domain

MAGUINDANAO, Philippines (Mindanao Examiner / August 4, 2008) – Southern Philippine troops were told to stay alert for possible attacks by rebels following a decision by the Supreme Court on Monday to block the signing of the final draft agreement on the ancestral domain.

“We are monitoring the situation now,” Lt. Col. Julieto Ando, a regional army spokesman, told the Mindanao Examiner.

The High Court temporarily stopped the signing of the accord that would eventually grant Muslim a separate homeland in Mindanao. Zamboanga City Rep. Erico Fabian and other lawmakers filed the petition asking the Supreme Court to stop the signing.

The court issued the temporary restraining order a day before government peace negotiators are to sign the agreement with the MILF, which is fighting the past four decades for a separate Islamic state in the troubled South.

Ando said sporadic fighting between security and rebel forces in North Cotabato province the past days have forced many villagers to flee their homes.

North Cotabato is also included in the ancestral domain and so are other areas in Mindanao, including the Autonomous Region in Muslim Mindanao and Zamboanga City.

Thousands of people in Zamboanga City led by Mayor Celso Lobregat rallied Monday against the inclusion of at least 8 villages in the proposed Muslim homeland. Lobregat said Muslims and Christians are living peacefully in Zamboanga City.

He said many Muslim village leaders are also opposing the inclusion of their communities to the ancestral domain.

Presidential peace adviser Hermogenes Esperon Jr. said only predominantly Muslim island of Sacol, which is several nautical miles of Zamboanga City, is included in the ancestral domain and that a plebiscite on areas cover by the agreement would be held a year later after the formal signing of the accord.

North Cotabato Deputy Governor Emmanuel Pinol last week also petitioned the Supreme Court to stop the signing.

Philippine authorities have previously blamed the MILF for the spate of kidnappings and terrorism in Mindanao. (Mindanao Examiner)

MILF Rebels Say TRO Is Temporary Set Back, Peace Talks Remain Top Agenda

COTABATO CITY, Philippines (Mindanao Examiner / August 4, 2008) – The Philippines’ largest Muslim rebel group Moro Islamic Liberation Front said Monday’s Supreme Court decision to stop the signing of draft agreement on the ancestral domain is a temporary set back, but it remains optimistic about the deal.

The High Court temporarily stopped the signing of the final draft accord that would grant Muslims a separate homeland in Mindanao.

“This is a temporary set back and the MILF leadership is yet to decide on what actions to take, but this issue is more between the Supreme Court and the Philippine government.”

“The MILF remains optimistic about the formal signing of the ancestral domain agreement between the government and our peace negotiators,” Kabalu told the Mindanao Examiner.

The court issued the temporary restraining order a day before government peace negotiators are to sign the agreement with the Moro Islamic Liberation Front, which is fighting the past four decades for a separate Islamic state in the troubled South.

Zamboanga City Mayor Celso Lobregat said he was told about the decision by Zamboanga City Rep. Erico Fabian, a political ally, who was one of several lawmakers that filed the petition. At least 8 Muslim villages her are included in the ancestral domain and Lobregat and his allies are fighting the attempts to dismember Zamboanga.

Lobregat said it was an en banc decision.

Fabian has confirmed the High Court’s order. “It is confirmed and I have informed the mayor about it,” he said. “We are very happy with the decision.”

North Cotabato Deputy Governor Emmanuel Pinol last week also petitioned the Supreme Court to stop the signing. Pinol is opposing the inclusion of several towns in the province in the ancestral domain which would make up a separate Muslim homeland under the Bangsamoro Juridical Entity. (Mindanao Examiner)

Philippines Supreme Court Stops Signing Of Islamic Homeland Deal

Zamboanga City Mayor Celso Lobregat speaks during a rally Monday, August 4, 2008. Lobregat says the Supreme Court issues temporary order to stop Tuesday signing of the final draft of the Muslim ancestral domain in Malaysia between Filipino government peace negotiators and the Moro Islamic Liberation Front rebels. (Mindanao Examiner Photo)

ZAMBOANGA CITY, Philippines (Mindanao Examiner / August 4, 2008) – The Philippines Supreme Court temporarily stopped on Monday the signing of final draft accord of a separate Muslim homeland in Mindanao between Filipino and rebel peace negotiators.

The court issued the temporary restraining order a day before government peace negotiators are to sign the agreement with the Moro Islamic Liberation Front, which is fighting the past four decades for a separate Islamic state in the troubled South.

Zamboanga City Mayor Celso Lobregat said he was told about the decision by Zamboanga City Rep. Erico Fabian, a political ally, who was one of several lawmakers that filed the petition. At least 8 Muslim villages here are included in the ancestral domain and Lobregat and his allies are fighting the attempts to dismember Zamboanga.

Lobregat said it was an en banc decision.

Fabian has confirmed the High Court’s order. “It is confirmed and I have informed the mayor about it,” he said. “We are very happy with the decision.”

North Cotabato Deputy Governor Emmanuel Pinol last week also petitioned the Supreme Court to stop the signing. Pinol is opposing the inclusion of several towns in the province in the ancestral domain which would make up a separate Muslim homeland under the Bangsamoro Juridical Entity. (Mindanao Examiner)

Supreme Court voids creation of Shariff Kabunsuan: ABS-CBN / Newsbreak

MANILA, Philippines (July 17, 2008) - The Supreme Court has declared the creation of the province of Shariff Kabunsuan in the Autonomous Region in Muslim Mindanao void and ruled that the power of ARMM’s legislature to create provinces and cities is unconstitutional.

The SC, in an 8-6 vote, declared void Muslim Mindanao Autonomy Act 201, which created the province of Shariff Kabunsuan, which was carved out of Maguindanao province.

“Only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts,” the 33-page decision penned by Justice Antonio Carpio reads.

The SC ruling said that creation of province or a city “inherently involves the power to create a legislative district.” Creating a province or a city without creating a legislative district, the decision said, is unconstitutional because the Constitution mandates that a province or a city with at least 250,000 inhabitants is entitled to at least one representative.

The ruling said that only Congress can create or reapportion a legislative district. “Congress exercises these powers through a law that the Congress itself enacts and not through a law that a regional or local legislative bodies enact.”

The Regional Legislative Assembly, ARMM’s law-making body enacted on Aug. 28, 2006 MMAA 201, which created Shariff Kabunsuan by separating eight municipalities from the first district of Maguindanao-- Barira, Buldon, Datu Odin Sinsuat, Kabuntalan, Matanog, Parang, Sultan Kudarat, Sultan Mastura and Upi. It was ratified in a plebiscite on October 29, 2006.

The now-defunct province of Shariff Kabunsuan was composed of 11 towns after RLA created three new towns—Sultan Mastura, Northern Kabuntalan and Datu Blah Sinsuat—from the province’s three existing plan.

The SC decision also declared unconstitutional the RLA’s power to create provinces and cities in the region but it did not pass upon the constitutionality of the creation of new municipalities and barangays.

“The creation of such municipalities and barangays does not involve the creation of legislative district,” the ruling reads.

Under Republic Act No. 9140 or the Expanded ARMM Law, the RLA has the power to create new LGUs and to set its own criteria in creating, dividing, merging, or abolishing LGUs. LGUs created by the Expanded ARMM Law that do not meet the standards of the LGC are not entitled to the share in the national taxes collected by the national government and depend only on the general funds of the ARMM regional government.

This provision of the ARMM law has been criticized because it results in the creation of smaller and non-viable local government units. In recent years, the number of LGUs in the region has swelled. In December 2005, the region was composed only of 5 provinces, 101 municipalities, and 2,461 barangays. Since then, one province (Shariff Kabunsuan), 12 municipalities, and nine barangays have been created.

Local officials in the region said that this process has improved the peace situation because it helps avoid rido or clan wars by giving every political family a territory to govern. (Jesus F. Llanto)

Philippine High Court Junks Rebellion Charges vs. 6 Militant Solons

MANILA (Mindanao Examiner / 1 June) – Political activists and progressive party list groups allied with the labor union Kilusang Mayo Uno demanded immediate the release of a detained militant lawmaker following a decision Friday by the Philippines’ Supreme Court junking rebellion charges against the politician and five others solons.

Rep. Crispin Beltran, also known as “Ka Bel” (Comrade Bel) is facing rebellion charges and currently under medical care at the Philippine Heart Center.

Aside from Beltran, the government also charged Reps. Saturnino Ocampo, Liza Masa, Rafael Mariano, Teodoro Casiño and Joel Virador.

“The decision of the Supreme Court affirmed the innocence of Ka Bel and that he must be freed right now and not a moment must be wasted. It took more than a year of campaigning for Ka Bel’s freedom and justice can never be sweeter than this,” Elmer Labog, of the KMU, said in a statement sent to the independent regional newspaper, the Mindanao Examiner.

Labog said: “Since the case has been dropped, there’s no reason for his continued detention. The pressure was just too much and something had to break. Various organizations here and around the world, including the Amnesty International and the Inter-parliamentary Union, condemned the illegal arrest of Ka Bel.”

Beltran has been under detention for more than a year now. (Mindanao Examiner)