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SC stops signing of ancestral domain agreement with MILF


Memorandum of Agreement on the Ancestral Domain Aspect of the GRP-MILF Tripoli Agreement on Peace of 2001


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MANILA, Philippines - A day before the scheduled signing of the final draft agreement on ancestral domain between the government and the Moro Islamic Liberation Front (MILF), the Supreme Court on Monday ordered the halt in the signing of the pact. In an en banc meeting, the High Court issued a temporary restraining order (TRO) on the signing of the memorandum of agreement on ancestral domain in Malaysia, granting the petition of North Cotabato Vice Governor Emmanuel Piñol and several other personalities who voiced opposition to the agreement. "The court has decided to issue a TRO to refrain respondents from signing the MOA," Jose Midas Marquez, Supreme Court spokesman, said. "The court would like to find out the real issues before some irreversible acts can be done. So, we want to maintain the status quo," Marquez said at a press conference. The Supreme Court - voting unanimously - set oral arguments on the matter for August 15, 9 a.m., and ordered the Office of the Solicitor General to submit a copy of the draft memorandum of the agreement to the High Court "not later than August 8." Last week, Piñol and other local government officials in Mindanao questioned the draft agreement before the High Court, saying there was a lack of consultation with residents of the areas to be covered by the "ancestral domain." Piñol said he asked the High Court to compel the government to explain the contents of the agreement, and defer the signing of the agreement on Tuesday while the explanation is "pending." In particular, Piñol and other local government officials in Mindanao opposed the reported inclusion of some of the barangays in their respective areas in the expanded Autonomous Region in Muslim Mindanao (ARMM). Earlier in the day, Piñol said the Supreme Court has given government peace negotiators until Monday noon to submit their comments defending an agreement on ancestral domain with the MILF. Also on Monday, Presidential Adviser on the Peace Process Hermogenes Esperon Jr said consultations with local officials were conducted before the government committed to its position. Esperon further said the plebiscite that will decide the inclusion of more barangays in the expanded ARMM will serve as "the highest form of consultation" for the inclusion of additional barangays in the Bangsamoro Juridical Entity. This, as he admitted that the government’s position on the proposed agreement with the MILF on the issue of ancestral domain was deliberately hidden from public eye. The Philippine government and the Moro Islamic Liberation Front were supposed to sign the agreement Tuesday in Malaysia, which has been brokering the negotiations. The accord, which aims to expand an existing autonomous region to add 712 more villages, sparked protests from residents. An AP report said that Christian politicians protesting the accord have warned that an enlarged Muslim homeland could spark renewed sectarian violence. "It's a setback," presidential spokesman Jesus Dureza said of the court's decision. Rebel spokesman Eid Kabalu also called the decision a setback, adding that his group remained committed to peace talks. But Kabalu said he did not know how rebel commanders, already restive in the last few months because of frequent deadlocks in talks, would react to the court's decision. A Philippine delegation led by Foreign Secretary Alberto Romulo had boarded flights to Malaysia's capital, Kuala Lumpur, for the event when the decision was issued, prompting the Manila government to abruptly cancel the ceremony. The MILF, the largest of at least four Muslim rebels groups, has an estimated 11,000 armed fighters. It has been battling for self-rule in the predominantly Roman Catholic nation's volatile south for decades. It has been accused by the Philippine military and police of providing sanctuary and terror training grounds to al-Qaeda-linked militants, including those from the Indonesia-based Jema'ah Islamiyah, in their southern jungle strongholds. But the group has strongly denied the accusations. The accord, forged last month by government and rebel negotiators, expands an existing six-province Muslim autonomous region in southern Mindanao region, subject to the agreement of residents in a plebiscite within a year. Esperon denied accusations that the government was giving away territory to rebels. "No sovereignty is given here. This is for the benefit of Mindanao and the country," he said, adding it is "better to talk than fight." US and Philippine officials hope a peace accord could transform the resource-rich southern Philippines into a bustling economic hub instead of a breeding ground of terrorists.- Amita Legaspi and Johanna Camille Sisante, AP, GMANews.TV