MANILA -- The possibility of a renegotiation of the controversial memorandum of agreement on ancestral domain between the Moro Islamic Liberation Front and the government for the formation of a Bangsamoro Juridical Entity loomed Saturday.
Presidential adviser on the peace process Hermogenes Esperon told the Inquirer that a renegotiation of the MOA-AD was “within our range of options.”
“It could come to that, but it does not mean that that is it," Esperon said in a phone interview.
He said that if the Supreme Court strikes down the MOA-AD, there would be other ways to get the BJE off the ground. But he declined to explain their options, saying he would prefer to wait for the decision of the Supreme Court. “There are still oral arguments scheduled. After that, we can tell you the actions we can take.”
However, Esperon said he was optimistic the high court will uphold government on the issue.
“As we have seen in the oral arguments before the Supreme Court (last Friday), mukhang maganda naman. Mukhang pabor sa atin,” the former military chief said.
Press Secretary Jesus Dureza said last Friday that Malacañang was studying the possibility of revising the MOA-AD. Presidential adviser on political affairs Gabriel Claudio has also said there were “other ways” to push for the BJE in case the Supreme Court ruled the MOA-AD as illegal.
Already, at least two Supreme Court justices have said the MOA could be illegal and unconstitutional. Justice Antonio Carpio said several provisions in the document went against the Constitution. Justice Adolf Azcuna commented that the MOA-AD was “patently illegal under our present laws.”
The formal signing of MOA-AD was supposed to have been held last August 5 in Malaysia but cancelled after the high court issued a temporary restraining order.
The MILF leadership has claimed that the MOA was binding because it had been initialed by the two sides.
Opposition to the MOA has been increasing among members of the opposition and cause-oriented groups as well as some local officials who claim the MOA was a ploy to amend the Constitution and keep President Macapagal-Arroyo in power beyond 2010.
Local officials in Mindanao are also protesting the MOA saying they were not consulted.
US Ambassador Kristie Kenney said Friday that the US government would not want to see Mindanao separated from the rest of the country.