ABE: Maybe because “only a very few people” have actually read and understood the MoA-AD which expressly envisions a Comprehensive Compact (a final peace agreement).

DJB: I trust you are not confounding the President’s acknowledged powers to conduct foreign policy and manage our diplomatic relations with other sovereign powers, with those of dealing with an armed rebel insurgency in Mindanao.

ABE: The Republic (GRP) is obviously not dealing with a band of bandits or terrorists but a Islamic nation (which is what Bangsa Moro means) (representatives of major geopolitical players were in Putrajaya to give their blessings, remember?); so yes, I am applying the president’s treaty-making and commander-in-chief powers and the principle of executive independence analogously.

DJB: I am virtually certain that it is NOT the Supreme Court that is imperiling the Mindanao peace process.

ABE: Do you think there would be scores of dead today if the SC did not issue the TRO?

DJB: Considering everything that has been divulged and become known about this MOA-AD since then, the central matter in the TRO would seem to be MOOT and ACADEMIC. Except for the interventions of Drilon and Roxas which raise fundamental questions directly in the Supreme Court’s jurisdiction.

ABE: The petitions before the SC are actually about two rival theories as to the nature and scope of the inherent powers of the president. The Drilon petition relies on the theory that the president is no more than a law enforcer. I support the one that recognizes presidential prerogative (as something directly entrusted by the people and therefore ultra-constituional) to serve the public good and interest even without the prescription of a law especially on military and foreign affairs matters. My point is that at this stage of the exercise of that executive prerogative, it is yet too early for the court to meddle as the MoA-AD, even if it’s claimed to be a “done deal,” is still interim and conditioned upon the negotiation of another agreement, the Comprehensive Compact.

DJB: After all, the possible dismemberment of the Republic would seem to be an ultimate question of constitutionality.

ABE: There’s nothing in the MoA-AD that mentions independence for Bangsamoro. If there is, I’ll join you in your crusade.

DJB: If the whole peace process of President Arroyo is now falling down around her ears, she has no one to blame but herself for her utter lack of transparency and arrogant decision to spring a chacha surprise on everyone.

ABE: Arrogant (and reckless), I agree.

DJB: I’m rapidly coming to the conclusion that the Congress cannot actually create the Federal Republic of the Philippines as a true federal union of sovereign States as you describe them here. For it is true. If the States have the Right to Secede, it is because they also have the sole and exclusive right to Form the Union.

ABE: Congress as a constituent body can do almost anything to overhaul the Constitution including to declare the duo Queen Glue and King Miguel or reduce the SC into a court of first instance. But I think the “right to secede” provision is dumb.

DJB: Only those non-existent, prospective States have the power and authority to form a true federal union of States.

ABE: I’m not sure I understand you here. But if you are talking about the Pimentel proposal, that thereby RP cannot be partitioned into 11 sovereign states, my answer is: as long as the people approve the proposal then “a true federal union of States” will be formed.

DJB: But of course, the Philippine congress is free to dick around with whatever Fantasy, Make Believe Federal Republic it wants too…

ABE: Oh, sorry. Now I guess you got it right, this time.

Only a very few people would characterize the signing ceremony on Aug 5 in Petrajaya, Malaysia as “the negotiation stage”!

I trust you are not confounding the President’s acknowledged powers to conduct foreign policy and manage our diplomatic relations with other sovereign powers, with those of dealing with an armed rebel insurgency in Mindanao.

I am virtually certain that it is NOT the Supreme Court that is imperiling the Mindanao peace process. It is merely hearing the petitions of local govt leaders like Cotabato’s Manny Pinol and Zamboanga’s Celso Lobregat to be informed of the contents of a certain MOA on Ancestral Domain before the Govt of the RP initials and indeed signs on the dotted line to undertake its fruition, including the possible inclusion of their constituencies in so-called “Bangsamoro Homeland”.

Considering everything that has been divulged and become known about this MOA-AD since then, the central matter in the TRO would seem to be MOOT and ACADEMIC. Except for the interventions of Drilon and Roxas which raise fundamental questions directly in the Supreme Court’s jurisdiction.

After all, the possible dismemberment of the Republic would seem to be an ultimate question of constitutionality.

If the whole peace process of President Arroyo is now falling down around her ears, she has no one to blame but herself for her utter lack of transparency and arrogant decision to spring a chacha surprise on everyone. Pimentel’s federalist Joint Resolution No. 10 was godsend.

I’m rapidly coming to the conclusion that the Congress cannot actually create the Federal Republic of the Philippines as a true federal union of sovereign States as you describe them here. For it is true. If the States have the Right to Secede, it is because they also have the sole and exclusive right to Form the Union.

Only those non-existent, prospective States have the power and authority to form a true federal union of States.

But of course, the Philippine congress is free to dick around with whatever Fantasy, Make Believe Federal Republic it wants too…!