We are for peace in the entire Philippines, in Mindanao, in Visayas, and in Luzon. We are for a peace process that consults all and involves all. We are for transparency at every step of the process, from negotiation of the terms, through to the articulation of the agreement and the implementation of its provisions. We are for a permanent peace by all, for all, for all time.

We oppose the GRP-MILF Peace Panel Memorandum of Agreement on Ancestral Domain (“GRP-MILF MOA”) because it is flawed in the process just as it is flawed in its provisions. What was lost in the process was any appreciation for legitimacy in a democracy that stems from winning consensus, including the consent of the governed. Many, if not all, of its provisions violate the Constitution, which strangely enough the Memorandum never mentions by name.

The GRP-MILF MOA is a proposal (crafted in private and sprung on the public) to dismember the Republic of the Philippines, a prelude to creating a state within a state, if not to create an independent and sovereign one, and a provocation to a bitter struggle of brother against brother. Just as reprehensible, it is a trojan horse designed to be foisted on our unwitting people to perpetuate the incumbent’s power and her abuse of it.

It is unfair to demand of our people in the South to fully comprehend and freely decide in a simplistic “yes” or “no” plebiscite, required to be conducted within a short period of twelve (12) months, the question of whether or not to be subjects of a juridical entity that is still uncertain in shape or form, and of dubious constitutional standing. In fact, the people in the affected areas may be forced to make their decision even before the completion of negotiations and resolution of still outstanding issues in a Comprehensive Compact that could be concluded fifteen (15) months after the signing of the GRP-MILF MOA.

The Memorandum of Agreement will result in a diminution of Philippine sovereignty as it empowers its juridical creation to enter into economic agreements and trade relations with foreign countries, to open trade missions abroad, and to participate in meetings of the ASEAN and UN specialized agencies where only sovereign states take part.

Without prior and adequate discussion and debate of the significant consequences of the proposed modifications, we are being committed to alter the Constitution, to change the civil service, electoral, financial and banking, education, legislation, legal, economic, and political systems.

It sets aside the time-honored principles of sanctity of contract and inviolability of vested rights to grant the Bangsamoro juridical entity the power to modify, revise, and even supersede significant long-term contracts and agreements duly entered into by relevant government authorities and private parties.

Accordingly, we join our voices with those who have gone to the Supreme Court to prohibit permanently the formal signing of the GRP-MILF MOA as presently worded. We ask, together with our countrymen in the South and in the North, for a peace that is the fruit of an open covenant, openly arrived at through frank negotiations in full public view, consistent with our nationwide aspiration for a regime of truth, justice, freedom, love, equality, and peace.

Makati Business Club

14 August 2008