Title
Supreme Court
Province of Maguindanao Del Norte vs. Bureau of Local Government Fice, Regional Office No. XII
Case
G.R. No. 265373
Decision Date
Nov 13, 2023
Maguindanao division plebiscite ratified; Sinsuat abandoned governorship claim by assuming Vice Governor role, rendering mandamus moot.

Case Digest (G.R. No. 265373)
Expanded Legal Reasoning Model

Facts:

  • Creation and ratification of new provinces
    • Republic Act No. 11550 (RA 11550) divided the Province of Maguindanao into Maguindanao del Norte and Maguindanao del Sur, subject to plebiscite within 90 days of effectivity.
    • The Commission on Elections (COMELEC) deferred the plebiscite until after the 2022 National and Local Elections (2022 NLE).
    • During the 2022 NLE, the undivided Province of Maguindanao elected officials as usual.
    • On September 17, 2022, the plebiscite ratified RA 11550, triggering the transitional provisions: the elected Vice Governor of Maguindanao (Fatima Ainee L. Sinsuat) became Governor of Maguindanao del Norte, and the next ranking Sangguniang Panlalawigan member (Datu Sharifudin Tucao P. Mastura) became Vice Governor.
  • Dispute over provincial treasurer designation
    • On December 20, 2022, Acting Governor Sinsuat requested BLGF Region XII to designate Badorie M. Alonzo as Provincial Treasurer of Maguindanao del Norte in concurrent capacity with the mother province, per RA 11550 Section 51.
    • BLGF Region XII deferred action on February 1, 2023, questioning the applicability of Section 50 (transitional assumption) because the plebiscite was held after the elections.
    • Sinsuat filed a Petition for Mandamus with a prayer for a Writ of Preliminary Mandatory Injunction to compel BLGF to process Alonzo’s designation.
  • Supervening events and lower court action
    • On April 4–5, 2023, President Marcos Jr. appointed Abdulraof Abdul Macacua as Officer-in-Charge (OIC) Governor and Bai Mariam Sangki Mangudadatu as OIC Governor of Maguindanao del Sur; Macacua took oath on April 11.
    • On April 19, 2023, the Supreme Court issued a Writ of Preliminary Mandatory Injunction ordering BLGF Region XII to process Alonzo’s designation.
    • On April 24, 2023, the MILG (BARMM) issued a Certificate of Recognition to Macacua as OIC Governor; Macacua assumed full functions thereafter.
    • On May 11, 2023, BLGF Region XII designated Zaira E. Ala as Acting Provincial Treasurer, per Sinsuat’s recommendation.
    • On June 26, 2023, the Supreme Court granted the mandamus petition permanently, ordering BLGF Region XII to process the appointment of Alonzo or any qualified designee with utmost dispatch.
  • Post-decision motions
    • Office of the Solicitor General (OSG) filed an Omnibus Motion (Aug. 29, 2023) on behalf of BLGF Region XII and BLGF Central, seeking reversal, en banc referral, and oral arguments. The OSG argued that:
      • Sinsuat abandoned her claim to the governorship by accepting and taking oath as Vice Governor.
      • The President has exclusive appointment power for Governor/Vice Governor under the Constitution.
      • RA 11550 Section 50 is inoperable since the plebiscite occurred after the 2022 NLE.
      • BLGF had no duty to process Alonzo’s designation and Sinsuat lacked clear legal right.
    • The Ministry of the Interior and Local Government (MILG) filed a Motion for Reconsideration (Sept. 12, 2023) raising similar arguments and asserting mootness.
    • Petitioner Province of Maguindanao del Norte, through Sinsuat, filed a Motion to Cite Respondents for Indirect Contempt (Aug. 18, 2023), accusing MILG, Macacua, provincial administrators, and certain bank and treasury officers of disobedience and misrepresentation of the Court’s June 26 Decision.

Issues:

  • Whether Sinsuat effectively abandoned her claim to the Governorship of Maguindanao del Norte by accepting appointment, oath, and assumption as Vice Governor.
  • Whether the issuance of a writ of mandamus compelling BLGF Region XII to process the Provincial Treasurer appointment remains proper given the appointments and assumption to office of Macacua and Sinsuat.
  • Whether the Motion to Cite Respondents in Indirect Contempt is meritorious.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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