MANILA, April 17 (PNA) — The agreement signed by Moro Islamic Liberation Front (MILF) chief negotiator Mohagher Iqbal with the government is voidable but not invalid.
This was the position taken by Justice Secretary Leila M. De Lima in connection with the use by Iqbal of an “alias” in the documents he signed involving the peace process.
According to De Lima, under Article 1308 of the Civil Code of the Philippines, in order for an agreement to take effect, cited as a requisite is the “consent” or approval of the parties in the contract, which should have a clear objective of the agreement as well as the clear provision on the obligation of the parties.
However, De Lima said, the identity of the “contracting parties” need not be part of the requisite.
De Lima added that even under Article 1409 of the Civil Code of the Philippines, it does not state that the use of an “alias” by one of the parties in the contract will be a reason to void the contract.
If ever the use of an alias by Iqbal is considered as a fraud, De Lima said, the contract can only be voidable if it will be recognized by the government or it will not be ratified.(PNA)