Hello guys. This is the outline for our paper. This is the MOA-AD: (http://zamboangajournal.blogspot.com/2008/08/philippines-milf-memorandum-of.

html) Read it and you will see that there are also Terms of Reference. It would be helpful to look into that too. Basically, we have to analyze the Constitutionality of the MOA-AD, which of course, the SC has declared to be unconstitutional in Province of North Cotabato (G.R. 183591: the digest is here: http://www.scribd.com/doc/19815675/Prov-of-North-Cotabato-vs-Republic-Digest but it would be helpful to read the original) We are to discuss two sides namely the reasoning of the SC (from the case) on why it declared the MOA-AD to be unconstitutional and the reasoning of the GRP peace panel behind the MOAAD (on why it is Constitutional, or why they see the need) For the analysis, we have to go back to the roots. From the Tripoli Agreement to the preparation of the MOA-AD itself to its signing So here is the outline.

I.

Introduction (1-2 pages)

DABBAY

a. Factual Background i. How the MOA AD came to be (necessity, factual antecedents) ii. Short description of what is happening in the Mindanao 1. Conflict 2. Economic Conditions b. Issue i. Province of North Cotabato case 1. Constitutionality 2. Dissents /Defense a. In the case b. Of the GRP peace panel members (Cande, etc) II. The MOA-AD in a nutshell (please read the MOA carefully and try to give its pertinent points) (1 page) a. Effects b. Consequences Province of North Cotabato vs. GRP Peace Panel (2-3 pages)

III.

DEDALA

a. Discussion of the case b. Why the SC declared it unconstitutional (ratio) i. Was it really a treaty that was binding if it was signed IV. Dissents/Defense of MOA-AD (2-3 pages)

BATTAD

a. Dissents of the Justices b. Dissent of Cande, commentators (their stand) V. Analysis (2-3 pages)

RAMIRO

a. Merits of both sides

b. Necessity of MOA-AD (can peace be put forward through an agreement like this without actually violating the law?) i. Tainted by politics VI. Situation now (2-3 pages pages)

LUCENARIO

a. Situation with MILF b. Foreseeable actions by the government c. Recommendations i. Is charter change an option to accommodate an agreement like the MOA-AD? Guys, please use footnotes and the proper legal citations. Follow the format na when you do your part. The specs of the paper are : size 12, 1 inch margin all sides, times new roman Also, favor, since Im doing the analysis, Geoc and Deds, at the bottom of your work, please try to put a more condensed version of what you wrote so that I can make the analysis faster and easier. Work together so that the points you will both discuss can be comparable and is susceptible of reconciliation. I cant do my part without yours so please send it by Tuesday 12mn. Also, Marien and Dabbay send it Tuesday night, mga 12mn! Kayang kaya, 3 pages lang. We also can limit the LEGAL sources we have to use because we only have very few. We have to rely more on research actually. Here are resources I saw na so far: CANDE: http://newsbreak.com.ph/index.php?option=com_content&task=view&id=5311&Itemid=88889 094 http://www.mindanews.com/index.php?option=com_content&task=view&id=5785 MICHAEL TAN (anthropologists point of view): http://opinion.inquirer.net/inquireropinion/columns/view/20080813-154259/Ancestral-domain DEATH OF MOA-AD: http://www.malaya.com.ph/aug30/news6.htm BERNAS (Ancestral Domain): http://opinion.inquirer.net/inquireropinion/columns/view/20080922-162061/Ancestraldomain-vs-regalian-doctrine MOA-AD violated 36 provisions of the Consti: http://pipvtr.com/pipvtr/index.php?action=view&id=150&module=newsmodule&src=@random 41940a897e943 http://www.abs-cbnnews.com/nation/10/16/08/moa-violated-36-provisions-constitutionjustice-carpio