Case Summary (G.R. No. 265373)
Petitioner
Province of Maguindanao del Norte, represented by Acting Governor Fatima Ainee L. Sinsuat, sought to compel the Bureau of Local Government Finance (Regional Office XII) to process the concurrent designation of a Provincial Treasurer under Section 51 of RA 11550.
Respondents
- Bureau of Local Government Finance, Regional Office XII, represented by Acting Regional Director June Ann C. Abella
- BLGF Central Office, represented by OIC Executive Director Ma. Pamela P. Quizon
- Ministry of the Interior and Local Government of BARMM, represented by Minister Naguib G. Sinarimbo
Key Dates
• May 27, 2021 – Enactment of RA 11550 dividing Maguindanao
• September 17, 2022 – Plebiscite ratifies division
• December 20, 2022 – Sinsuat requests treasurer designation
• February 1, 2023 – BLGF Region XII defers pending legal guidance
• April 4–5, 2023 – Presidential appointments of OICs and oaths
• June 26, 2023 – Supreme Court grants mandamus, makes injunction permanent
• November 13, 2023 – Supreme Court reverses decision, dismisses petition
Applicable Law
• Transitory Provisions of RA 11550 (Sections 48–51)
• 1987 Constitution, Article VII, Section 16 (Presidential appointment power)
• Rules on Mandamus (Revised Rules of Court, Rule 65)
• Rules on Contempt (Revised Rules of Court, Rule 71)
Issue
- Whether Sinsuat abandoned her gubernatorial claim by accepting and assuming the Vice Governorship.
- Whether a writ of mandamus remains appropriate after supervening appointments.
- Whether respondents qualify for indirect contempt for alleged disobedience and misrepresentation.
Supreme Court Ruling
The Court granted the government’s motions, reversed the June 26, 2023 decision, dismissed the mandamus petition as moot, dissolved all writs, denied referral en banc and oral argument, denied the contempt motion, and ordered Sinsuat to show cause for potential contempt for failing to inform the Court of her acceptance and assumption as Vice Governor.
Reasoning on Abandonment
The Court applied established doctrine: abandonment requires intent and an overt external act. By accepting her Vice Governor appointment, taking her oath before the President, and discharging vice gubernatorial duties without objection to the gubernatorial appointment of Macacua, Sinsuat manifested intent and effectuated her relinquishment of the Acting Governor role.
Reasoning on Mootness
Sinsuat’s abandonment removed the live controversy over her authority to recommend a Provincial Treasurer. With Macacua validly appointed and exercising gubernatorial powers, any relief would be purely advisory. None of the recognized exceptions to mootness applied.
Reasoning on Mandamus
Mandamus requires a clear legal right and a corresponding ministerial duty. The supervening gubernatorial appointment created a bona fide doubt as to who holds the authority to recommend the Provincial Treasurer. Thus, the first requisite for mandamus—a certain right—was absent.
Reasoning on Contempt
Indirect contempt proceedings demand a verified petition or court‐initiated charge, not a mere motion. The petitioner’s motion failed to comply with Rule 71’s
Case Syllabus (G.R. No. 265373)
Facts
- Republic Act No. 11550 divided Maguindanao into two provinces—Maguindanao del Norte and Maguindanao del Sur—subject to plebiscite under Sections 48–51.
- COMELEC deferred the required plebiscite until after the 2022 National and Local Elections; the plebiscite was eventually held on September 17, 2022 and ratified RA 11550.
- Under Section 50, Fatima Ainee L. Sinsuat, elected Vice Governor of undivided Maguindanao, assumed as Governor of Maguindanao del Norte; Datu Sharifudin T. P. Mastura became Vice Governor.
- On December 20, 2022, Acting Governor Sinsuat requested that Badorie M. Alonzo be designated Provincial Treasurer of Maguindanao del Norte (concurrent with Maguindanao) under Section 51.
- BLGF Region XII sought guidance—citing the delayed plebiscite—on whether Section 50 provisions still applied; it declined to process Alonzo’s designation.
- Petitioner filed a Petition for Mandamus with a writ of preliminary mandatory injunction to compel BLGF Region XII to process the treasurer appointment.
- On April 4–5, 2023, President Marcos Jr. appointed Abdulraof A. Macacua and Bai Mariam S. Mangudadatu as Officers-in-Charge Governors; Macacua took his oath on April 11, 2023.
- April 19, 2023: The Supreme Court issued a writ of preliminary mandatory injunction ordering BLGF Region XII to process Alonzo’s designation.
- MILG issued a Certificate of Recognition for Macacua on April 24, 2023; BLGF, complying with Sinsuat’s earlier recommendation, designated Zaira E. Ala as Acting Provincial Treasurer.
- June 26, 2023: The Court granted the Petition for Mandamus permanently, ordering BLGF Region XII to process Alonzo’s appointm