1. WON the agreement meets the requirements laid down by the SC in the MOA-AD case a.

) the agreement violates the constitutional right to information on matters of public concern, as provided in Section 7, Article III on the Bill of Rights: Sec. 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. When we talk about the feedback network, we are not talking about public officials but also network of private business o[r] community-based organizations that will be reacting. As a matter of fact, we will put more credence or credibility on the private network of volunteers and voluntary community-based organizations. (we have yet to formulate a concrete feedback network program though) 2.) WON GRP may propose amendment that will allow the creation of BJE what the parties can do at most is to propose amendments to the Constitution. (amendments shall take effect only through concom/conass) 3.) Regarding the specified powers of BJE: 1.) foreign relations: can enter into agreements provided approved by GRP will set criteria subject to veto of executive 1. power to contract with other states is power of President (as sole organ and authority in external relations, sole representative, sole authority to negotiate with other states) a. president, for the Phils., must be the sole signatory, not mere taga-approve b. president must take part in negotiations 2. can power even be delegated in this manner to BJE? Delegation comes with the ability to revoke such delegation. Here, the effect is the President is eternally delegating this power, binding all subsequent presidents 2.) police and internal force: supervision on specific matters to be defined Article XVI, Section 6 states:

The State shall establish and maintain one police force, which stall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law. Also, Republic Act No. 6975 entitled "AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES created the NAPOLCOM which is in charge in control and supervising police operations. Hence, such power would repeal such law which, in effect would be an undue exercise of legislative power. 3.) judiciary: 3 in SC and 5 in CA subject to Constitutional qualifications rule 8 of Rules of Judicial and bar council states: I n every case involving an appointment to a seat in the Supreme Court, the Council shall give due weight and regard to the recommendees of the Supreme Court. For this purpose, the Council shall submit to the Court a list of candidates for any vacancy in the Court with an executive summary of its evaluation and assessment of each of them, together with all relevant records concerning the candidates from whom the Court may base the selection of its recommendees. so kung pagbibigyan yung bje ng specified number of reps ng BJE, parang affirmative action, eh paano kung mas may qualified? Also, it would unduly interfere with the independence of the judiciary 4.) Profit-sharing in natural resources: 50-50 development fund; after economic considerations, 75-25 1. the agreement on the exploration and development must be limited in terms of duration (cannot be perpetual) since the constitution provides for a limit for the period (no exceeding 25 years, renewable for not more than 25 years, [sec.2, art. 12, consti] ) 2. Art. XII, Sec. 2 provides The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.xxx a. all agreements respecting natural resources subject to the continued consent of the state. Should it decide to withdraw/ not renew contract, it must be able to do so, and not be bound to the agreement forever

5.) . general supervision over governor and officials: subject to Constitutional amendment 1. consti amendment president may only propose, cannot submit proposal directly to people, let alone guarantee the amendment of the consti a. need for more clear wording, such as use of the words to be recommended for amendment blah blah 2. consti provides general supervision, thus the president has the power to discipline the BJE governor c.) Sufficient consultation with IP? No. We suggest also a feedback mechanism similar to number #1. (not just representatives of IP but