NON-PARTY?: It seems everybody forgot to implead the Moro Islamic Liberation Front in the case before the Supreme Court on the validity of the proposed Memorandum of Agreement between the government and the MILF.

Without the MILF appearing before the tribunal as a necessary party, that rebel band might again repudiate the ruling of the High Court (as they did its earlier Temporary Restraining Order), especially if it runs counter to their secessionist objectives.

The MoA in question is a proposed contract between the government and the MILF. How can the court enforce any ruling on it if one of the signatories is not a party to the case?

It could be argued that since the government had accepted the MILF as its counterpart in the MoA, the MILF is assumed to be automatically impleaded. But based on the track record of that elusive group, it is best to require it to first formally submit to the court.

If the MILF delays responding positively to court processes, the High Court should (but I doubt if it would) delay acting on the case until all the necessary parties submit to its jurisdiction.

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CREDENTIALS: Once the MILF responds and its authorized representative appears before the Supreme Court, the tribunal then gets a chance to examine the group’s credentials and intentions.

One basic question, as pointed out in an earlier Postscript, is whether or not the MILF is the proper party to represent and sign for the Muslim population in the areas that it intends to gather into a new Bangsamoro state.

The MILF has to show first a document or accreditation affirming that it, and no other group, is the authorized plenipotentiary representative of the Muslim sector.

History tells us that it is possible that another Moro group would step forward later as the true voice of Muslims in the Philippines and demand equal time and space in negotiating with the government.

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UNTOUCHABLE:  A radio report had it that retired general Hermogenes Esperon, presidential adviser on the “peace process,” told Cotabato folk arming themselves for self-defense that the government would not provide them ammunition.

Esperon reportedly asked them also if their guns were licensed. Ano ba yan? Since the government cannot protect civilians threatened by MILF marauders, the least it could do is allow them to pick up any weapon available at the moment.

And then, have you ever heard of any police or military officer asking MILF fighters and other armed Moros if their guns are licensed and covered with permits to carry?

Of course not. The authorities are afraid to ask Moros about their guns and force a confrontation. The police and government troops have the guts to check only the weapons of non-Muslims. Kapag Moro takot sila.

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BAKIT IBA SILA?: The double standards have been with us for generations. Allowing our brother Muslims to do as they please is one of the reasons why their assimilation has been a slow and at times painful process.

The same double standards would be institutionalized and perpetuated with the adoption of the terms of the Memorandum of Agreement under question before the Supreme Court. Is that what we want?

First of all, Moros would have their own “basic law,” which simply means that they would adopt their own Constitution. Our 1987 Constitution, which they do not respect anyway, would be a mere scrap of paper.

They would operate their own schools and teach an Islamic curriculum outside the control and supervision of the Department of Education. This is the surest way to make them develop differently and drift farther away from the rest of the citizenry.

Under the MoA, they would have their own legislature, making our Congress irrelevant. And they would conduct their own elections.

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DIPLOMACY: The new setup would give the Bangsamoro Juridical Entity “full authority to develop and dispose of minerals and other natural resources” within their autonomous region. Wow!

The BJE would have the power to send trade missions to, and enter into economic cooperation agreements with, other countries. It would send representatives to the Association of Southeast Nations as well as agencies of the United Nations.

Its conducting foreign relations (in short, diplomacy) would enhance its juridical personality as a full sovereign state. Pretty soon, Manila may have to send an ambassador to the BJE to negotiate with them.

With the Moros’ long-standing contact with the Muslim world, they are even right now already receiving aid and comfort from like-minded nations.

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FACILITATOR: The talk is that Malaysia, for one, has been helping them prepare those tricky documents and plot moves as they cross swords with Manila. In recognition of its role, Malaysia was even inserted into the MoA as a “Third Party Facilitator.”

The last element of a state, which is recognition, is a fait accompli. Even the United States -- despite its being silent on the issue -- is reported to be ready to recognize and transfuse with aid the BJE once the formal paper requirements are signed.

By attending ASEAN meetings, the BJE would have one foot in the door as an incoming member. And by sending representatives to the UN, once a conflict arises with the Manila government, UN conciliation or arbitration would be facilitated.

The 90 million or so Filipinos who until this late date are still kept in the dark by Malacanang better brace for the emergence soon in their midst of a new sovereign Bangsamoro state, courtesy of the Arroyo administration.

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