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PHILIPPINE
CONSTITUTION
ASSOCIATION
(PHILCONSA),
represented by its President
CONG. FERDINAND MARTIN G.
ROMUALDEZ,
FRANCISCO
S.
TATAD, ARCHBISHOP RAMON C.
ARGUELLES,
ARCHBISHOP
FERNANDO
R.
CAPALLA,
ARCHBISHOP ROMULO T. de la
CRUZ, BISHOP JUAN DE DIOS M.
PUEBLOS, and NORBERTO B.
GONZALES,
Petitioners,
- versus -
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June 11, 2015
PETITION
Petitioners
PHILIPPINE
CONSTITUTION
ASSOCIATION
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and
polluted
Comprehensive
Agreement
on
the
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2.1
Petitioner
PHILIPPINE
CONSTITUTION
ASSOCIATION
Philconsa vs. Gimenez, 15 SCRA 479; Philconsa vs. Mathay, 18 SCRA 300; Philconsa vs. Enriquez,
235 SCRA 506; Lambino vs. Comelec, 505 SCRA 160 wherein Philconsa is one of the petitioners
and Philconsa vs. JBC, G.R. No. 191059.
4
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The Supreme Court leans on the doctrine that the rule on standing is a matter of procedure,
hence, can be relaxed for nontraditional plaintiffs like ordinary citizens, taxpayers, and legislators
when the public interest so requires, such as when the matter is of transcendental importance,
5
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2.2
Respondent
Government
of
the
Philippines
(GPH),
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expenditures/uses
of
funds
and
property
pertaining
to
the
E.O 125
It created a
with for peace. However, it failed to mention the three (3) specific
rebel groups.
6Section
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3.3
Advisers for each of the three (3) GPNPs, composed of one member
each from the SENATE, the HOUSE OF REPRESENTATIVES, and the
CABINET, to be designated by the President in the negotiations,
dialogs and face-to-face discussions with the rebel group.
3.4
numerous
negotiations,
dialogs
and
face-to-face
discussions with the MILF, here and abroad bereft of the presence of
the requisite Panel of Advisers. This inflicted a mortal flaw upon the
peace process.
3.5
FAB and CAB as the products of the vicious process are necessarily
flawed. No poisonous tree can bear edible fruit.
3.6
Surprisingly and
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
the
concurrence
of
the
legislative
or
the
judicial
Note: To establish the Bangsamoro to replace the Autonomous Region in Muslim Mindanao
(ARMM) inevitably requires an amendment to the Constitution and the laws affecting and
creating the ARMM and its amendatory laws.
8
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3.7
E.O. 125 recognizes that there are three (3) rebel groups
with whom the GRP Panel must negotiate for peace. However, it
failed to mention the three (3) specific rebel groups.
GPNPs
negotiated only with the MILF. There are no records to show that
GPNPs ever attempted to negotiate for peace with the two (2) other
rebel groups such as the Moro National Liberation Front (MNLF) and
the Bangsamoro Islamic Freedom Fighters (BIFF) which actively
participated in the Mamasapano Massacre.
The exclusive
negotiation with MILF, to the exclusion of the two (2) other rebel
groups referred under E.O. 125, the other Muslim groups, Christians
and Lumads in Muslim Mindanao, is a fundamental fatal infirmity.
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This
the Constitution and existing laws to conform to the FAB and CAB,
for their legitimization. This qualifies GPH Panel Chairpersons Leonen
and Ferrer for the charge of usurping a power they did not have,
exactly as Justice Carpio points out in North Cotabato case when he
wrote, The Executive Branch usurps the sole discretionary power of
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null and void and vest no rights and create no obligations. They
produce no legal effect at all.10
xxx In Serrano de Agbayani v. Philippine National
Bank, the Court held that xxxThe decision now on appeal
reflects the orthodox view that an unconstitutional act, for
that matter an executive order or a municipal ordinance
likewise suffering from that infirmity, cannot be the source
of any legal rights or duties. Nor can it justify any official
Concurring Opinion of Justice Carpio in Province of North Cotabato vs. GRP Peace Panel, 568
SCRA 414 (2008)
10 Frenzel vs. Catito, 406 SCRA 56 (2003).
9
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The provisions of the FAB and the CAB are all repugnant to
11Commissioner
of Internal Revenue vs. San Roque Power Corporation, 707 SCRA 78 (2013).
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has authorized and recognized only Five (5) Territorial and Political
Subdivisions namely: (a) provinces; (b) cities; (c) municipalities; (d)
barangays; and (e) autonomous regions.
7.1
Autonomous
Region
in
Muslim
Mindanao
(ARMM)
and
the
12Umali
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Section 19,
Father
Joaquin
Bernas,
S.
J.,
member
of
the
13
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They
should
seek
constitutional
Constitutionally, it is
A Struggle Under the Regime of the Constitution by Pablo P. Garcia, pp. 84-85, The IBP
Journal April 2015 issue
14
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proposal
to
establish
the
Bangsamoro
to
replace
the
and
territorial
integrity
of
the
Republic
of
the
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15
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Lamentably,
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5.3
Notwithstanding
that
the
FAB
and
CAB
are
and
implement
unconstitutional
agreements
or
undertakings.
VI.AVERMENTS IN SUPPORT OF THE APPLICATION
FOR TEMPORARY RESTRAINING ORDER
AND/OR WRIT OF PRELIMINARY INJUNCTION
6.1
and
mandating
respondents,
their
agents
and
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grave due irreparable injury to the Republic and the Filipino people
will ensue since unlawful disbursements or uses of public funds to
implement/pursue the illegal/unconstitutional FAB and CAB will
escalate into continuing violations, if not a flaunting disregard or
defiance, of the Constitution, and the laws further prejudicing public
interest and welfare;
6.4
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1.
3.
Mandate
the
COA
to
disallow
the
audit
of
all
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REYNALDO Y. MAULIT
PTR No. 1466745/06.11.15/Quezon City
IBP No. 0998630/06.11.15/Quezon City
Attorneys Roll No. 19260
MCLE No. IV-0020194/05.14.13
MANUEL M. LAZARO
PTR No. 4756435/01.08.15/Makati City
IBP LRN No. 00058/02.22.93/Makati City
Attorneys Roll No. 13204
MCLE No. IV-0017128/04.16.2013
MICHELLE B. LAZARO
PTR No. 4756434/01.08.15/Makati City
IBP LRN No. 00446/01.19.96/Makati City
Attorneys Roll No. 39156
MCLE No. IV-0017127/04.16.2013
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JEREMY GATDULA
PTR No.2374253/01.29.15/Mandaluyong
IBP No. 0996162/02.17.15/Mandaluyong
Attorneys Roll No. 40879
MCLE No. IV-0021026/06.21.13
PHILIPE T. AQUINO
PTR No. 4756441/01.08.15/Makati City
IBP LRN No. 09930/04.19.11/Makati City
Attorneys Roll No. 59537
MCLE No. IV-0017036/04.16.2013
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FRANCISCO S. TATAD
RAMON C. ARGUELLES
FERNANDO R. CAPALLA
ROMULO T. de la CRUZ
NORBERTO B. GONZALES
SUBSCRIBED AND SWORN to before me this ___ day of _______
2015 in Makati City affiants exhibiting to me as competent proofs of
their identities:
Ferdinand Martin G.
Romualdez
Francisco S. Tatad
Ramon C. Arguelles
Fernando R. Capalla
Gov. Issued ID
Date/Place Issued
Philippine Passport
No. EB7642481
Philippine Passport
No. EB1089031
Philippine Passport
No. EB3923911
Philippine Passport
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June 11, 2015
No. EC3912535
Philippine Passport
No. EB297686
Philippine Passport
No. EB3406821
Philippine Passport
No. EC3537020
Philippine Passport
No. EC1490233
Davao City
July 9, 2011/
DFA Davao
August 17, 2011/
DFA Manila
February 26, 2015/
DFA Manila
June 22, 2014/
DFA Manila
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PHILIPE T. AQUINO
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