REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

IN THE MATTER OF THE

IMPEACHMENT OF GLORIA
MACAPAGAL-ARROYO,
PRESIDENT OF THE
PHILIPPINES,

JOSE DE VENECIA III, EDITHA

BURGOS, ERLINDA CADAPAN,
ROLEX T. SUPLICO, JOSEFINA
T. LICHAUCO, H. HARRY L.
ROQUE, JR., RENATO
CONSTANTINO, JR., HENRI S.
KAHN, FRANCISCO ALCUAZ,
REZ CORTEZ, VIRGILIO
EUSTAQUIO, JOSE LUIS
ALCUAZ, LEAH LOPEZ
NAVARRO, CONCEPCION
EMPENO, ELMER LABOG,
ARMANDO L. ALBARILLO,
ROMEO S. CLAMOR, and BEBU
BULCHAND, DANILO RAMOS,
Complainants,
x-----------------------------------------x

MANUEL L. QUEZON III,

MARCK RONALD RIMORIN,
EDWIN LACIERDA, JEREMY I.
GATDULA, ARBET W.
BERNARDO, MARIA A. JOSE,
RICHARD M. RIVERA, PITCH
MANGONDATO, LT. GEN.
FORTUNATO ABAT (RET), JOSE
T. ARCE JR, ED BACUNGAN
Intervenors,
x-------------------------------------------------------------------------------------x

COMPLAINT-IN-INTERVENTION

Intervenors, respectfully state:

1
 1. The President of the Philippines, in fulfillment of the oath of
office set forth in Article VII, Sec. 5 of the Constitution of the Philippines, is
solemnly bound to: “faithfully and conscientiously fulfill my duties as
President of the Philippines, preserve and defend its Constitution, execute its
laws, do justice to every man, and consecrate myself to the service of the
Nation. So help me God." The oath of office stipulates the parameters for
presidential action for which every chief executive is accountable, not just to
the state and its officials, but to every Filipino citizen.

2. The President of the Philippines, while elected for a fixed term,

is always accountable to the public, in whom sovereignty resides. In order to
provide an opportunity for exacting accountability, and providing relief to
the citizenry if a chief executive proves irresponsible, criminal, or tyrannical,
that the Constitution of the Philippines further provides, in Article XI, Sec.2
for the impeachment and trial of the President of the Philippines “for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust, ” and the
consequent immediate dismissal from office of any chief executive proven
guilty of any or all of these offenses.

3. The Constitution, in allocating the power of the House of

Representatives to impeach the chief executive, and for the Senate of the
Philippines to try the chief executive, all within the parameters of what the
Constitution defines as the offenses and behavior that are of such gravity as
to merit the indictment, trial, and potential removal of a President of the
Philippines even before the expiration of their term of office, envisions a
process that is fundamentally political and not criminal; that is, it does not
deprive the President of the Philippines of inalienable rights to life, liberty,
or property, but rather, limits the penalty to removal from office.

4. We assert that while the privilege of the House of

Representatives, to investigate and approve or reject proposed articles of
impeachment, is an absolute privilege, we also assert that the House of
Representatives has a fundamental obligation to make any such
investigations and determinations as thorough as possible; that it cannot
ignore any information or pleadings that would serve to fortify a case against
the President of the Philippines; for the determination of culpability, while a
political process, is not merely a question of votes for or against any
proposed articles, but rather, a process that must come out of a non-partisan
effort to evaluate charges, hear the arguments of the proponents and
opponents of any such charges, and determine whether they deserve to be
articles of impeachment sent to the Senate for trial or not.

5. This basic principle separating an impeachment trial from those

held in courts of law, means that the governing principles of impeachment
are accountability, the sovereignty of the people, their right to petition
government, including their legislature, for the redress of grievances, and the
corresponding obligation of officialdom to take into consideration the
sentiments and participation of the people, in the determination of a chief

2
executive’s continuing fitness for office. The Constitution, after all, includes
the public in the impeachment process, by allowing citizens to file
impeachment complaints which legislators may endorse, and in determining
the fitness of legislators, in turn, for fitness for office by taking into
consideration the behavior of legislators in issues of public interest, such as
impeachment.

6. For these reasons, the Intervenors, who are Philippine citizens,

of legal age, and may be served with processes in this impeachment
proceeding through counsel, assert their clear interest in the matter in
question: namely, the impeachment of Gloria Macapagal-Arroyo, who has
been charged with committing acts deserving of impeachment by the House
of Representatives and trial in Senate.

7. As citizens, we, the intervenors possess the constitutional right

to petition their duly-elected representatives in the legislature for the redress
of our grievances, and to expect the House of Representatives to fulfill its
obligation to properly investigate, and deliberate, all allegations of high
crimes and misdemeanors on the part of the President of the Philippines,
taking into consideration and account anything that may fortify the process
of accountability. The charges leveled against the President of the
Philippines, including the charges respondents earnestly submit for the
consideration and inclusion of the House of Representatives, are not only an
offense to the state, but also to every member of the body politic.

8. This Intervention is therefore meant to fortify the case for

impeachment presented before the House of Representatives; it will not
unduly delay the proceedings or prejudice the rights of the original parties in
this case as the House of Representatives has yet to refer the original
Impeachment Complaint filed on 13 October 2008 to the proper Committee.
This intervention is fully in keeping with the parameters for accountability
provided for in the Constitution, which our country’s basic law also requires
all citizens, including our legislators, to investigate and deliberate upon with
thoroughness and zeal.

9. The intervenors believe that the President ought to be

impeached with regard to the matter of the Memorandum of Agreement on
Ancestral Domain (“MOA-AD”), which sought to create the Bangsamoro
Juridical Entity (“BJE”). We assert and submit for the consideration and
endorsement of the House of Representatives, that the agreement
represented is a clear transgression by the President of the Philippines
against the Constitution. It was a violation of her solemn obligation to
faithfully and conscientiously undertake her duties as President of the
Philippines; it was a violation of her solemn duty to, at all times, not only
preserve, but defend, the Constitution of the Philippines; it was a violation of
her solemn duty to execute the laws of the nation, beginning with the
Constituition; and by her recklessness, imprudence, and irresponsibility in
pursuing the MOA-AD, she did a grave injustice to the citizenry; it was, in
sum, a policy of such deceit and recklessness, as to demonstrate her

3
consecration, not to the service of the nation, but to a policy calculated for
personal political advantage, to the detriment of the nation at large.

10. One (1) day after the Impeachment Complaint was filed, or on
14 October 2008, the Supreme Court rendered a Decision in G.R. No.
183591, entitled “The Province of North Cotabato, etc. vs. The Government
of the Republic of the Philippines Peace Panel on Ancestral Domain, etc., et
al.,” and related cases thereto, declaring said MOA-AD unconstitutional.

11. We submit that that the House of Representatives, in

considering the present Impeachment Complaint from within the ambit of
the acts of omission and commission that constitute impeachable offenses
and crimes, is compelled to take notice of what the Supreme Court itself has
declared: that the MOA-AD was unconstitutional. While the Supreme Court
has ruled on this, thus resolving the question of whether the document itself
was in conformity with our basic law or not, we submit there remains the
political question, beyond the ambit of the cases resolved by the high court,
of determining whether the President of the Philippines, by implicitly and
explicitly endorsing and engaging in the creation and approval of the MOA-
AD, violated her oath and engaged in behavior so reckless, imprudent, and
irresponsible, as to render her unfit for office. As we have said, it is our
belief that the President of the Philippines is culpable, accountable, and no
longer fit for staying in office, because of her responsibility for the drafting
and approval by the Philippine Government of this document.

12. In view of this development subsequent to the filing of the

impeachment complaint, intervenors seek redress for a great grievance by
asking the House of Representatives to file this Complaint-in-Intervention,
with the allegations made in the same, as follows:

13. The declaration of unconstitutionality by the Supreme Court in

a 110-page En Banc decision which states in part:

In sum, the Presidential Adviser on the

Peace Process committed grave abuse of discretion
when he failed to carry out the pertinent
consultation process, as mandated by EO No. 3,
RA 7160, and RA 8371. The furtive process by
which the MOA-AD was designed and crafted
runs contrary to and in excess of the legal
authority, and amounts to a whimsical, capricious,
oppressive, arbitrary and despotic exercise thereof.
It illustrates a gross evasion of positive duty and a
virtual refusal to perform the duty enjoined.

* * *

The Court stressed that the MOA-AD cannot

be reconciled with the present Constitution and

4
 laws. Not only its specific provisions but the very
concept underlying them, namely, the associative
relationship envisioned between the GRP and
the BJE (Bangsamoro Juridical Entity), are
unconstitutional, for the concept presupposes
that the associated entity is a state and implies
that the same is on its way to independence, it
said.

The Court noted that inclusion of provisions

in the MOA-AD establishing an associative
relationship between the BJE and the Central
Government is, itself, a violation of the
Memorandum of Instructions from the President
dated March 1, 2001, addressed to the government
peace panel. Moreover, it virtually guarantees that
the necessary amendments to the Constitution and
the laws will eventually be put in place. Neither the
GRP Peace Panel nor the President herself is
authorized to make such a guarantee. Upholding
such an act would amount to authorizing a
usurpation of the constituent powers vested only
in Congress, a Constitutional Convention, or the
people themselves through the process of
initiative, for the only way that the Executive
can ensure the outcome of the amendment
process is through an undue influence or
interference with that process.

The Court added that while the MOA-AD

would not amount to an international agreement or
unilateral declaration binding on the Philippines
under international law, the respondents’ act of
guaranteeing amendments is, by itself, already a
constitutional violation that renders the MOA-AD
fatally defective. (Emphasis and underscoring
supplied)

A copy of the Supreme Decision in G.R. No. 183591, entitled “The

Province of North Cotabato, etc. vs. The Government of the Republic of the
Philippines Peace Panel on Ancestral Domain, etc., et al.,” is attached as
Annex A-Supplement.

14. That the MOA-AD itself, as well as the executive department’s

act of entering into the same without public consultations, were deemed by
the Supreme Court as unconstitutional. And that the Government of the
Republic of the Philippines Peace Panel on Ancestral Domain (“GRP”),
respondent in G.R. No. 183591 and related cases, indubitably acted under
the direction and control of the President of the Philippines, respondent

5
Gloria Macapagal-Arroyo. The delineation of powers, the actual setup of the
agencies, the actual appointment and functions of the officials concerned, all
underscore that whatever officials and agencies were acting for and on
behalf of the GRP were doing so by virtue of their acting in an alter ego
capacity, armed with authority and in pursuance of policy, that were
possessed, delegated, granted, and approved, by the President of the
Philippines.

15. Said pronouncement of the Supreme Court itself confirms and

brings to light the culpable violations of the constitution committed by
respondent herein, namely: (1) violation of the constitutional mandate of full
public disclosure on matters affecting the public interest; (2) violation of the
territorial integrity of the Republic of the Philippines; (3) violation of the
principle of separation of powers, including the executive’s infringement
upon legislative prerogatives, duties, and functions. And that furthermore, it
is not within the House of Representative’s powers or privileges to ignore
this clear indictment of presidential behavior, but to take political notice of
what has been judicially determined.

Respondent culpably violated the

Constitution by sanctioning the
creation of the Bangsa Moro Juridical
Entity without the knowledge and
consent of the Filipino People.

16. The MOA-AD, which sought to create the Bangsamoro

Juridical Entity (“BJE”), is the culmination of the peace negotiations which
started in 1996 between the Government of Republic of the Philippines
(GRP) and Moro Islamic Liberation Front (MILF).

17. The peace negotiations were halted when former President

Joseph Ejercito Estrada a military offensive against the MILF. However,
upon the assumption of office of respondent as President of the Philippines,
the peace negotiations resumed; however, hostilities between the Philippine
Government and the MILF likewise resumed.

A copy of the article entitled “In the spotlight: Moro Islamic

Liberation Front” which discussed the foregoing allegation is attached as
Annex B-Supplement.

18. Respondent chose to renegotiate with the MILF with the main
objective of remedying her plummeting trust, approval, and popularity
ratings. That the President of the Philippines, after pursuing the peace
negotiations with the MILF in a desultory manner because of repeated
reminders by her advisers such as then-Defense Secretary Avelino Cruz, Jr.
that any provisions in an agreement had to conform to the Constitution, then
accelerated the negotiations, heedless of previous legal advise, because of

6
purely partisan, political, objectives such an agreement could help achieve,
namely, amending the Constitution in furtherance of her political needs and
those of her allies.1

19. The purely political considerations for the resumption of peace

talks resulted in the negotiations being pursued without the benefit of any
effort to secure a national consensus on the particulars of any peace
agreement. The President of the Philippines did not pursue the peace process
with clear goals in mind; neither did she undertake the negotiations with her
Constitutional obligations in mind. The negotiations were marked by
inconsistencies on her part, because of the absence of any clear
constitutional compass. As a consequence of this the peace talks with the
MILF were undertaken with purely tactical political goals in mind, and not
from a strategic orientation informed by the Constitution.

20. Indeed, the MOA-AD that was forged between GRP and MILF,
and which was already scheduled for ceremonial signing on August 5, 2008,
and which was achieved only because of authority granted by the President,
according to policies she approved, contained provisions that members of
her government had previously warned went beyond what was
Constitutionally-sanctioned, and therefore, legally permissible. And yet, the
President of the Philippines recklessly and imprudently insisted on, and
authorized, the signing of the MOA-AD, invoking, in turn, by the acceptance
of signing the agreement overseas and with the ceremony being witnessed
by international partners in the peace process, invoking her power to conduct
foreign policy and lending her prestige and authority to the same.
Fortunately, a timely TRO was issued by the Supreme Court in G.R. No.
183591.

A copy of the article regarding the issuance of a TRO by the Supreme

Court to stop the signing of the MOA is attached as Annex C-Supplement.

21. The MOA-AD clearly shows how respondent violated her

sacred oath of office by disregarding the mandate and will of the people.
From the beginning, the MOA-AD was drafted under a heavy veil of
secrecy. The public was kept in the dark on what was happening in the
peace negotiations, and more importantly, what was being discussed therein.
The Constitutional right of the people to information on matters of public
concern2 was simply disregarded. It is relevant to note as well that public
opinion was alarmed and outraged by the agreement, and the manner it was
arrived at, and supported by, the President of the Philippines, and that public

1
The political, partisan, considerations that accelerated the pursuit of the
agreement are described in “Gloria Forever,” in Ricky Carandang Reporting, July 21,
2008, accessible at http://www.rickycarandang.com/?p=142 and in “MILF decoy for
Cha-Cha” in Mon Casiple’s Weblog on Philippine Politics, July 30, 2008 accessible at
http://moncasiple.wordpress.com/2008/07/30/milf-chacha-decoy/.
2
CONSTITUTION, Article III, Section 7.

7
opinion viewed the President of the Philippines as having acted in a manner
that betrayed her Constitutional obligations and the highest interests of the
Republic.

22. We submit a sampling of the views of the citizenry for the

consideration of the House of Representatives, as follows:

i. “Disturbing BJE questions” in Mon Casiple’s

Weblog on Philippine Politics, August 3, 2008, accessible at
http://moncasiple.wordpress.com/2008/08/03/disturbing-bje-
questions/

ii. “GRP-MILF to sign memorandum of agreement”,

in Alleba Politics, August 4, 2008, accessible at
http://politics.alleba.com/2008/08/04/grp-milf-to-sign-
memorandum-of-agreement/

iii. “MOA – Quo Vadis?” by Fr. Jun Mercado, OMI,

August 4, 2008, accessible at http://blogs.gmanews.tv/jun-
mercado/archives/17-MOA-Quo-Vadis.html

iv. “Iligan City will fight for its land,” in Over a cup
of coffee, August 4, 2008 accessible
http://somethingsbrewingup.blogspot.com/2008/08/iligan-city-
will-fight-for-its-land.html

v. “GRP-MILF Agreement - A Very Flawed Peace

Deal” in Super Sawsaw, August 4, 2008, accessible at
http://supersawsaw.blogspot.com/2008/08/grp-milf-agreement-
very-flawed-peace.html

vi. “the big sellout,” in village idiot savant, August 7,

2008, accessible at
http://villageidiotsavant.blogspot.com/2008/08/big-sellout.html

vii. “Are Yu Dif? Didna Her?,” in The Journal of

the Jester-in-Exile, August 8, 2008, accessible at
http://jesterinexile.blogspot.com/2008/08/are-yu-dif-didna-
her.html

viii. “Fragmentation, not peace,” in Filipino Voices,

August 8, 2008, accessible at
http://www.filipinovoices.com/fragmentation-not-peace

ix. “More Road blocks: conflict of rights,” by

Patricio P. Diaz in Mindanews, August 10, 2008, accessible at
http://www.mindanews.com/index.php?option=com_content&t
ask=view&id=4914&Itemid=266

8
 x. “Negotiating beyond the Constitution,” in The
Misadventures of Wonderboy and His Broken Heart, August
12, 2008, accessible at
http://mikosamson.blogspot.com/2008/08/negotiating-beyond-
constitution.html

xi. “The cost of peace,” in [email protected],

August 18, 2008, accessible at
http://awbholdings.com/blog/2008/08/18/the-cost-of-peace/

xii. “Arroyo needs to defend and explain the MOA-

AD” in Philippine Politics 2010, August 21, 2008, accessible at
http://politicaljunkie.blogspot.com/2008/08/arroyo-needs-to-
defend-and-explain-moa.html

xiii. “Talk, Jingoism and National Self-Defense,” in

Filipino Voices, August 20, 2008, accessible at
http://www.filipinovoices.com/talk-jingoism-and-national-self-
defense

xiv. “Muddled Picture Of Peace,” in the Philippine

Experience, August 20, 2008, accessible at
http://schumey.blogspot.com/2008/08/muddled-picture-of-
peace.html

xv. “Of the GRP-MILF MOA” and “The sell-out that

was the MILF MOA,” both in Blurry Brain, August 12, 2008
and October 28, 2008 respectively, accessible at
http://paseoblur.blogspot.com/2008/08/of-grp-milf-moa.html
and
http://paseoblur.blogspot.com/2008/10/sell-out-that-was-milf-
moa.html

23. We submit the above as a tangible and appreciable sampling of

the alarm, outrage, horror and general unease that the President’s policies
and the behavior of her subordinates caused, to citizens throughout the
length and breadth of the land. These expressions of concern are well known
to members of Congress, but we submit them for the record to reiterate the
irresponsibility and culpable recklessness of the chief executive. These
entries are representative sample of our assertion that even granting for the
sake of argument that the public was aware of the ongoing peace
negotiations between GRP and MILF, little did the public know, however,
that a big portion of the country was being bargained away through the
MOA-AD.3

3
We note that the President’s policies were remarked upon overseas, as well, with deep
misgivings, as indicated by “Gloria’s terror gambit,” by Brett M. Decker in the Wall
Street Journal, August 7, 2008, accessible online at
http://online.wsj.com/article/SB121805413743118001.html.

9
 24. Furthermore we submit, relevant samplings of the views of
various groups that approved of the MOA, to show that the President of the
Philippines engaged in behavior that aided and abetted the political and
ideological aims of the very groups she has outlined as enemies of the state,
according to the policies she herself has made a cornerstone of her
administration.

25. Article II section 28 of the Constitution4 mandates a policy of

full public disclosure on all matter involving public interest. Article III
section 75 states the doctrine of transparency. By entering into the MOA-
AD under a full veil of secrecy, the President of the Philippines acting
through her alter ego, clearly committed a culpable violation of this
constitutional provision. The conduct of the President of the Philippines, as
borne out by allegations in the original impeachment complaint, has
repeatedly violated said constitutional provision. She has repeatedly
preferred a policy of secrecy to one of disclosure, and been dismissive of the
need to obtain a broad national consensus for her policies.

26. Any agreement with respect to the creation of an entity such as

BJE, not to mention the giving away of a part of the territory of the
Philippines is certainly of public interest. Thus, the people have the right --
as it is the duty of the government -- to be informed of the contents and
details of said MOA. This is particularly true for citizens who are residents
of Mindanao.

27. Corollary to the right of public disclosure and doctrine of

transparency is the duty of the government to consult the people to
determine what the people really desire and need on matters that concern
their very interests. However in this case, no public consultations were done
with respect to the acceptability of the provisions of the MOA particularly to
the people who will be directly affected by the creation of BJE. The people
were not even aware of the contents of the MOA, and it was only when the
agreement’s provisions were leaked to the media that the President and her
cabinet tried to explain the provisions to an alarmed and outraged public. All
the information they were receiving came only from the media and leaked
information from the government.6
4
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public
interest.(emphasis supplied)
5
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official
acts, transactions, or decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such limitations as may be
provided by law.
6
http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080805-
152677/Thousands-march-in-South-hit-treachery (last viewed on October 9, 2008)

10
 28. To make things worse, attempts by citizens7 to inquire into the
status and contents of the MOA from the government were fruitless. In fact,
in their petition for TRO with the Supreme Court, the petitioners in G.R. No.
183591 still had to ask the Court to compel the government to disclose the
terms of the agreement.8 It was only then that the text of the MOA was
made available to the public. And from the people’s reaction on said MOA,
it is obvious why the government decided to keep the people in the dark.

29. While a number of people and civic-spirited groups protested

against the signing of the MOA, it is important to note that not all of them
were against it either in its details or in principle. Some protests were by the
President of the Philippines’ refusal to disclose the provisions prior to
committing the Republic to the agreement; it was the refusal of the President
of the Philippines to consult the people, about a matter of public interest, that
imperiled the security and solidarity of the state. Regardless of the
motivations of these protestors and oppositors to the MOA, all were united
in complaining that the President of the Philippines, by failing to divulge to
the public and consult the latter on a matter that clearly constituted “matters
of public concern,” and potentially violated the territorial integrity of the
Philippines, acted in a manner that constitutes a violation of public trust.

30. This precisely was the ruling of the Supreme Court in G.R. No.
183591: that the “contents of the MOA-AD are matters of paramount public
concern involving public interest in the highest order.” Not only did
respondent’s act of clandestinely entering into said MOA-AD violate Article
III, Section 7 of the Constitution, the Supreme Court further held that the
same violated several statutes, including Executive Order No. 3, Republic
Act No. 7160 (the Local Government Code), and Republic Act No. 8371
(the Indigenous Peoples’ Rights Act).

31. The Supreme Court likewise held that the invocation of the
doctrine of executive privilege as a defense to the general right to
information or the specific right to consultation is untenable.

The MOA-AD violated the territorial

integrity and national sovereignty of
the Republic of the Philippines,
enshrined in the Constitution.

7
http://www.sunstar.com.ph/static/dav/2008/07/23/news/vice.guv.wants.government.to.di
vulge.milf.territory.html (last viewed on October 9, 2008)
8
http://newsinfo.inquirer.net/breakingnews/nation/view/20080804-152589/With-TRO-
Palace-to-woo-critics-of-Bangsamoro-MoA (last viewed on October 9, 2008)

11
 32. At the outset, it must be remembered that ours is a unitary form
of government, not a federal state.9 Being so, any form of autonomy granted
to any political body such as the BJE will necessarily be limited and
confined within the extent allowed by the central authority and the
Constitution.

A copy of the MOA-AD is attached as Annex D-Supplement.

33. The creation of an autonomous region must be within the

framework of the Constitution and the national sovereignty as well as
territorial integrity of the Republic of the Philippines.10 The provision in
the constitution providing for stronger local government and autonomous
region does not authorize the creation of a sovereign within a sovereign.11

34. However, in complete disregard of the provisions of the

Constitution, the MOA provides for the creation of a state within a state. It
will be remembered that the elements of statehood under international law
are: (a) people, (b) territory, (c) government, and (d) sovereignty.

35. Under paragraph 4 on Concepts and Principles of the MOA,12 it

is clear that BJE will possess all of these elements. BJE has people
(Bangsamoro), territory (Mindanao and Palawan), government (as elected by
the people), and sovereignty (as explicitly granted in the MOA). In fact, the
statehood of BJE itself is expressly provided for in the aforementioned
paragraph.

36. Moreover, the MOA generously grants to BJE the right to

conduct foreign relations—one of the five fundamental rights reserved to
sovereign states under international law. Paragraph 413 on Resources of the

9
Lina et. al. vs. Paño et.al (G.R. No. 129093. August 30, 2001)
10
Section 15. There shall be created autonomous regions in Muslim Mindanao and in the
Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social structures,
and other relevant characteristics within the framework of this Constitution and the
national sovereignty as well as territorial integrity of the Republic of the Philippines.
(Article X)
11
Basco vs. Pagcor (197 SCRA 52)
12
The Moro sultanates were states or karajaan/kadatuan resembling a body politic
endowed with all the elements of nation-state in the modern sense. As a domestic
community distinct from the rest of the national communities, they had a definite historic
homeland. They are the “First Nation” with defined territory and with a system of
government, having entered into treaties of amity and commerce with foreign nations.

13
The Bangsamoro juridical entity is free to enter into any economic cooperation and
trade relations with foreign countries: provided, however, that such relationships and
understandings do not include aggression against the Government of the Republic of the
Philippines; provided, further that it shall remain the duty and obligation of the Central

12
MOA provides that BJE can enter into agreements or treaties with foreign
countries. Paragraph 8 on Governance of the MOA14 authorizes the creation
of electoral, legislative and judicial institutions, among others. These
provisions fortify the fact that the MOA intends to create a sovereign within
a sovereign. It lays the groundwork for dismemberment of the Mindanao
region as well as violates the current international law on self-determination.

37. Apart from quartering the Philippines’ sovereignty, the MOA

has the effect of ceding a part of the territory of the Philippines to BJE.
Paragraphs 115 and 216 on Territory of the MOA made sure of this.

Government to take charge of external defense. Without prejudice to the right of the
Bangsamoro juridical entity to enter into agreement and environmental cooperation with
any friendly country affecting its jurisdiction, it shall include:

a. the option to establish and open Bangsamoro trade missions in foreign

countries with which it has economic cooperation agreements; and

b. the elements bearing in mind the mutual benefits derived from Philippine
archipelagic status and security.

And, in furtherance thereto, the Central Government shall take necessary steps to
ensure the Bangsamoro juridical entity’s participation in international meetings and
events, e.g. ASEAN meetings and other specialized agencies of the United Nations. This
shall entitle the said juridical entity participation in Philippine official missions and
delegations that are engaged in the negotiation of border agreements or protocols for
environmental protection, equitable sharing of incomes and revenues, in the areas of sea,
seabed and inland seas or bodies of water adjacent to or between islands forming part of
the ancestral domain, in addition to those of fishing rights.
14
The parties agree that the BJE shall be empowered to build, develop and maintain its
own institutions, inclusive of, civil service, electoral, financial and banking, education,
legislation, legal, economic, and police and internal security force, judicial system and
correctional institutions, necessary for developing a progressive Bangsamoro society the
details of which shall be discussed in the negotiation of the comprehensive compact.
15
The Bangsamoro homeland and historic territory refer to the land mass as well as the
maritime, terrestrial, fluvial and alluvial domains, and the aerial domain, the atmospheric
space above it, embracing the Mindanao-Sulu-Palawan geographic region.***
16
Towards this end, the Parties entered into the following stipulations:
***
f. Internal Waters:

The Bangsamoro Juridical Entity (BJE) shall have jurisdiction over the
management, conservation, development, protection, utilization and disposition of all
natural resources, living and non-living, within its internal waters extending fifteen (15)
kilometers from the coastline of the BJE area.

g. Territorial Waters

The territorial waters of the BJE shall stretch beyond the BJE internal waters up to
the Republic of the Philippines (RP) baselines south east and south west of mainland
Mindanao. Beyond the fifteen (15) kilometers internal waters, the Central Government

13
 38. The provisions in the MOA granting sovereignty to BJE and
ceding part of our national territory runs afoul with the Constitution. It has
the effect of changing certain constitutional provisions without the requisite
amendment.

39. Indeed, as explained by the High Court’s Public Information

Office, in G.R. No. 183591:

[T]he MOA-AD cannot be reconciled with the

present Constitution and laws. Not only its specific
provisions but the very concept underlying them,
namely, the associative relationship envisioned
between the GRP and the BJE (Bangsamoro
Juridical Entity), are unconstitutional, for the
concept presupposes that the associated entity is a
state and implies that the same is on its way to
independence.

* * *

[W]hile the MOA-AD would not amount to an

international agreement or unilateral declaration
binding on the Philippines under international law,
the respondents’ act of guaranteeing amendments
is, by itself, already a constitutional violation that
renders the MOA-AD fatally defective.

40. Furthermore, several justices of the Supreme Court, including

Chief Justice Reynato Puno, felt strongly about the issue and wrote separate
concurring opinions which serve to further highlight the constitutional
infirmities attendant to the MOA-AD entered into by the GRP under the
direction and control of respondent Chief Executive, thus:

The President as Chief Executive can negotiate

peace with the MILF but it is peace that will insure
that our laws are faithfully executed. The President
can seek peace with the MILF but without crossing
the parameters of powers marked in the
Constitution to separate the other branches of
government to preserve our democracy. For even
in times of war, our system of checks and balances
cannot be infringed. More so in times where the
only danger that faces the State is the lesser danger
of rebellion…Needless to stress, the power of the

and the BJE shall exercise joint jurisdiction, authority and management over areas and
[of] all natural resources, living and non-living contained therein. ***

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 President to negotiate with the MILF is not
plenary. While a considerable degree of flexibility
and breadth is accorded to the peace negotiating
panel, the latitude has its limits – the Constitution.
The Constitution was ordained by the sovereign
people and its postulates may not be employed as
bargaining chips without their prior consent. * * *
[D]uring the whole process, the government
peace negotiators conducted themselves free
from the strictures of the Constitution.” * * *
Respondents’ thesis of violate now, validate later
makes a burlesque of the Constitution.17

[The MOA-AD] contains provisions which are

repugnant to the Constitution and which will
result in the virtual surrender of part of the
Philippines’ territorial sovereignty. * * * [Had
the MOA-AD been signed by parties, it] would
have bound the government to the creation of a
separate Bangsamoro state having its own
territory, government, civil institutions, and armed
forces…The sovereignty and territorial integrity of
the Philippines would have been compromised.18
(Emphasis and underscoring supplied)

41. Finally, in addition to the Supreme Court’s ruling that the

provisions of the MOA-AD violated the sanctity of the territorial integrity
and national sovereignty of the Republic of the Philippines, as enshrined in
the Constitution. The High Tribunal further held that the Chief Executive
exceeded her powers when she, through the GRP panel, committed to the
MILF on behalf of the Philippines, in violation of the constitutional law
doctrine of separation of powers. In essence, the Supreme Court remarked
that such power – to amend the constitution, as the provisions of the MOA-
AD clearly called for such amendment – was vested in the legislative, or
even directly through the people, or in a Constitutional Convention, but
certainly not upon the chief executive.

42. The Court noted that inclusion of provisions in the MOA-AD

establishing an associative relationship between the BJE and the Central
Government is itself, a violation of the Memorandum of Instructions from
the President dated March 1, 2001, addressed to the government peace
panel. Moreover, it virtually guarantees that the necessary amendments to
the Constitution and the laws will eventually be put in place. Neither the

17
The Province of North Cotabato, etc. vs. The Government of the Republic of the
Philippines Peace Panel on Ancestral Domain, etc., et al., Supra, Separate Concurring
Opinion, Puno, C.J.
18
Ibid., Separate Concurring Opinion, Yñares-Santiago, J.

15
GRP Peace Panel nor the President herself is authorized to make such a
guarantee. Upholding such an act would amount to authorizing a
usurpation of the constituent powers vested only in Congress, a
Constitutional Convention, or the people themselves through the
process of initiative, for the only way that the Executive can ensure the
outcome of the amendment process is through an undue influence or
interference with that process.

43. In the same case, Justice Carpio said that “any peace agreement
that calls for amendments to the Constitution, – whatever the amendments
may be, including the creation of the BJE – must be subject to the
constitutional and legal processes of the Philippines. The constitutional
power of Congress to propose amendments to the Constitution, and the
constitutional power of the people to approve or disapprove such
amendments, can never be disregarded. The Executive branch cannot
usurp such discretionary sovereign powers of Congress and the people,
as the Executive branch did when it committed to amend the
Constitution to conform to the MOA-AD.”

44. The President of the Philippines, in going against the legal

advice of her own officials, and in acting in a manner calculated to alarm the
public, destabilize public order and security, fan the flames of ethnic and
religious mistrust, behaved so irresponsibly and willfully as to render her
unfit for office. For her policies, for which she is responsible and
accountable, have set back the peace process, inflamed radical sentiments,
fostered division and hostility among our people, caused misery and untold
suffering to innocent civilians, and needlessly imperiled the lives of
members of our armed forces and police, and caused great harm to the
economic stability of Mindanao and the entire Philippines.

45. Indubitably, the act of respondent in authorizing the negotiation

of the constitutionally infirm MOA-AD, and subsequently approving the
same, establishes her blatant, willful, and flagrant disregard of our
Constitution. She clearly violated the Constitution, which she swore to
preserve and defend, for which, she must be impeached and brought to trial.

Relief

16
 WHEREFORE, intervenors respectfully pray that the House of
Representatives will admit the instant Complaint-in-Intervention , as part of
the instant impeachment proceeding.

Intervenors further ask that said Complaint-in-Intervention and the

impeachment complaint itself be included in the House of Representatives’
Order of Business within ten (10) session days, and referred to the
Committee on Justice within three (3) session days thereafter to determine
the sufficiency of the form and substance of the present petition.

Thereafter, after due proceedings, intervenors pray that (a) the

complaint-in-intervention as well as the complaint itself that was filed on 13
October 2008 be given due course, and (b) the Committee on Justice submit
a Report to the House of Representatives recommending the adoption of the
complaint, including the allegations in this Complaint-in-Intervention, as the
Articles of Impeachment against President Gloria Macapagal-Arroyo.

Finally, intervenors pray that the Articles of Impeachment or

Resolution of Impeachment be acted favorably by the House of
Representatives through the affirmative vote of one-third of its members,
and said Articles of Impeachment transmitted to the Senate for trial.

Intervenors pray for other equitable reliefs.

Makati City for Quezon City, 10 November 2008.

MANUEL L. QUEZON III

MARCK RONALD RIMORIN EDWIN LACIERDA

JEREMY I. GATDULA ARBET W. BERNARDO

MARIA A. JOSE RICHARD M. RIVERA

PITCH MANGONDATO

17
LT. GEN. FORTUNATO ABAT JOSE T. ARCE JR

ATTY. ED BACUNGAN

______________________ ____________________

______________________ _____________________

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