Experts split on validity of peace deals Iqbal signed for MILF

From GMA News (Apr 9): Experts split on validity of peace deals Iqbal signed for MILF

Two legal experts are split on the issue of whether Moro Islamic Liberation Front peace negotiator Mohagher Iqbal's admission of using a nom de guerre would derail the peace talks between the rebel group and the goverment.

Fr. Ranhilio Aquino, dean of the San Beda College of Law, said the two peace deals which Iqbal had signed would remain valid even if Iqbal had admitted using aliases in the past.

Among the documents signed by Iqbal were the Framework Agreement on the Bangsamoro signed on October 15, 2012 and Comprehensive Agreement on the Bangsamoro signed on March 27, 2014.

"It is still valid since his identity is not questioned," Aquino told GMA News Online.

He, however, said Iqbal's acts would not go unpunished if a complaint was filed.

"He may be prosecuted for the illegal use of an alias," said Aquino, saying the rebel leader could be held liable for violation of Commonwealth Act 142 (An Act to Regulate the Use of Aliases) as amended by Republic Act 6085.

Aquino cited the 1996 Supreme Court case Ursua v. Court of Appeals, in which the petitioner was cleared of charges despite using someone else's name to sign a log book at the Office of the Ombudsman in Davao City where he was to pick up a document for his lawyer.

Harry Roque Jr., law professor at the University of the Philippines, thinks otherwise.

Roque said the peace agreement between the government and the rebel group would be affected due to Iqbal's admission.

"Hindi na valid iyong deals kasi (lumalabas) fictitious person siya eh," Roque said in a separate interview.

During the hearing of the House of Representatives on the Mamasapano clash Wednesday, Iqbal refused to divulge his real name saying even heroes use aliases.

At the Senate, Sen. Ferdinand Marcos Jr. said he would bring up the issue of Iqbal's use of an alias in negotiating with the government at the resumption of the Senate's hearing on the proposed Bangsamoro Basic Law on Monday.

The senator said Iqbal's decision not to use his real name on government documents raised many questions.

Marcos added that beyond the legal implications of the use of an alias, it calls into question the MILF’s good faith in entering into the peace agreement.

Iqbal has already admitted that he did not use his real name in the peace agreements with the government.

The Bangsamoro Basic Law is the embodiment of the peace agreements signed by the Philippine government and the MILF which aims to end the decades-old conflict in Mindanao.

It seeks to create the Bangsamoro political entity which will replace the Autonomous Region in Muslim Mindanao. It will also specify wealth- and power-sharing arrangements between the national government and the new political entity.

http://www.gmanetwork.com/news/story/467190/news/nation/experts-split-on-validity-of-peace-deals-iqbal-signed-for-milf