Junk Memorandum of Agreement on Ancestral Domain in Mindanao
Editorial Courtesy of the Bohol Sunday Post Newspaper: The Supreme Court (SC) decision that declared the memorandum of agreement on ancestral domain (MOA AD) in Mindanao definitely was an ace in the hole. In this case, the High Court proved to be the ace that the people had up their sleeves in a case that should not have been there in the first place.
In declaring the MOA AD contrary to law and the constitution, the SC somehow calmed the fears of Mindanao residents who thought they had nowhere else to go.
The case should not have been filed in the first place if only the Arroyo administration had not proceeded to railroad consultation. This was of course obviously another attempt to prompt a constitutional amendment that will naturally benefit you-know-who.
In their haste to butter up their patron, the brains behind the MOA AD express failed to consider one crucial factor: the independence of the High Court. As this decision would show, eight justices including Chief Justice Reynato Puno showed they still have enough decency and integrity left in them.
Going as far as accusing the government of “grave abuse of discretion”, the decision showed just how even the best laid plans can fail. Unlike Congress which has proven time and again to be nothing more like a rubber stamp of Malacañang, the Puno Supreme Court has repeatedly shown that it is no respecter of persons.
The celebration over the decision is of course muted than it ought to be. It has nothing to do with the lack of a reason to celebrate. Rather, it has something to do with intervening events that somehow made a festive celebration inappropriate.
Before the decision came out, the Moro Islamic Liberation Front (MILF) attacked civilian and government targets that exacted a heavy toll in the lives and valuables that were lost. Any celebration would therefore be deemed insensitive.
Still, the decision reminds us that life on earth is a constant struggle. There are things always left undone. There are numerous victims whose surviving families cry out for justice.
The positive thing about this is that the Puno Supreme Court sends across the message that it will not be cowed by power and influence even of the highest order. This should be a fair warning to all those who seek to subvert the law.
Without doubt, there are wolves in sheepskin, those who are a disgrace to the profession. They may still be in business, but their days are numbered.
The Puno Supreme Court is proving to be the supreme equalizer. There is reason to believe it will continue to do so for the duration of its existence.
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