Case Summary (G.R. No. 265373)
Petitioner’s Claim and Relief Sought
Petitioner sought a writ of mandamus with a preliminary mandatory injunction to compel BLGF Region XII to process petitioner’s designation of a Provincial Treasurer (Alonzo or any qualified person designated by petitioner) pursuant to the transitional provisions of Republic Act No. 11550. Petitioner alleged respondents refused to recognize Sinsuat’s authority to recommend the Provincial Treasurer.
Statutory and Constitutional Framework
Applicable law: Republic Act No. 11550 (charter creating Provinces of Maguindanao del Norte and Maguindanao del Sur), particularly Transitory Provisions Sections 48, 50, and 51. Constitutional basis: 1987 Constitution (applicable because the decision postdates 1990), including Article VII, Section 16 (appointment powers of the President). Procedural rules: Rule 71, Sections 3–4 of the Revised Rules of Court (indirect contempt), and standards for mandamus. Relevant precedents quoted include Sangguniang Bayan of San Andres v. Court of Appeals; Defensor‑Santiago v. Ramos; and authorities on mandamus requisites and contempt procedures cited in the decision.
Antecedent Facts and Pleadings
RA 11550 was signed May 27, 2021. Section 48 provided for a plebiscite within 90 days of effectivity; COMELEC deferred the plebiscite until after the 2022 National and Local Elections (NLE). COMELEC conducted the plebiscite on September 17, 2022, ratifying RA 11550. Under Section 50 transitional governance, Sinsuat (elected Vice Governor of then‑Maguindanao) and Mastura (next ranking Sanggunian member) assumed Governor and Vice Governor respectively for Maguindanao del Norte. On December 20, 2022, Sinsuat requested BLGF Region XII to designate Alonzo as Provincial Treasurer in concurrent capacity under Section 51. BLGF Region XII deferred seeking legal guidance. Petitioner filed the mandamus petition. The Court earlier issued a writ of preliminary mandatory injunction ordering BLGF Region XII to process Alonzo’s designation and later, by Decision dated June 26, 2023, made the writ permanent and granted the petition.
Supervening Executive Appointments and Interim Developments
On April 4, 2023, the President appointed Abdulraof Macacua and Bai Mariam Sangki Mangudadatu as OICs (Governor of Maguindanao del Norte and Maguindanao del Sur, respectively). Macacua took an oath on April 5, 2023. MILG issued a Certificate of Recognition to Macacua as OIC Governor on April 24, 2023; Macacua assumed office. On April 26 and April 28, 2023, the President appointed several officers including Macacua and Sinsuat as Governor and Vice Governor respectively; both accepted and took oaths on April 28, 2023. BLGF Region XII later designated Zaira E. Ala as Acting Provincial Treasurer effective April 24, 2023 upon Sinsuat’s recommendation.
Motions and Reliefs Pending After the June 26, 2023 Decision
Three post‑decision motions were filed: (1) Omnibus Motion by the Office of the Solicitor General (OSG), on behalf of BLGF Region XII and BLGF Central, seeking reversal and referral to the Court En Banc and oral arguments; (2) Motion for Reconsideration by MILG seeking reversal; and (3) Motion to Cite Respondents for Indirect Contempt filed by petitioner alleging disobedience of the June 26, 2023 Decision and other obstructive acts by respondents and third parties.
Issues Presented to the Court
- Whether Sinsuat abandoned her claim to the governorship by accepting appointment, oath, and assumption of office as Vice Governor.
- Whether issuance of a writ of mandamus compelling BLGF Region XII to process the Provincial Treasurer appointment remains proper after the President’s appointments and assumption to office of Macacua (Governor) and Sinsuat (Vice Governor).
- Whether petitioner’s Motion to Cite respondents for indirect contempt should succeed.
Court’s Disposition
The Court granted the OSG’s Omnibus Motion and MILG’s Motion for Reconsideration in the main (but denied referral to the Court En Banc and oral arguments), reversed its June 26, 2023 Decision, dismissed the Petition for Mandamus as moot, and dissolved the writs of mandamus and preliminary mandatory injunction. The Court denied petitioner’s motion for indirect contempt for lack of merit but ordered Bai Fatima Ainee L. Sinsuat to show cause within 10 days why she should not be cited in contempt for failure to promptly inform the Court of her appointment, oath taking, and assumption as Vice Governor.
Finding and Legal Standards on Abandonment of Office
The Court applied the doctrine that abandonment is a species of resignation—voluntary relinquishment of an office accompanied by intent to terminate possession and control. Two elements are required: (1) an intention to abandon; and (2) an overt or external act effecting that intention. The Court relied on Sangguniang Bayan of San Andres and similar authorities to identify relevant indicia (silence, failure to perform duties, failure to collect remuneration, affirmative acts taking another office, oath and assumption of duties in another office, and failure to object to a successor).
Application of Abandonment Doctrine to Sinsuat
The Court concluded that Sinsuat manifested intent to abandon the governorship and effected it by external acts: she did not object when the President appointed Macacua and he assumed office; she ceased to discharge gubernatorial functions during the interim; she accepted appointment and oath as Vice Governor on April 28, 2023 (before the President); and she assumed and performed duties as Vice Governor while Macacua acted as Governor. Her silence and failure to challenge the appointments through proper legal action reinforced the abandonment finding.
Mootness Analysis and Exceptions Considered
Given Sinsuat’s abandonment, the Court held the controversy had become moot because it no longer presented a justiciable controversy: the resolution would be of no practical use. The Court reviewed recognized exceptions to mootness (grave constitutional issues, exceptional character, paramount public interest, opportunity to guide bench/bar/public, and capable of repetition yet evading review) and found none applicable. The province had begun functioning under Presidential appointees; the circumstances were not likely to recur identically; and no exigent constitutional issue remained.
Mandamus Requisites and Why Mandamus No Longer Appropriate
The Court reiterated the requisites for mandamus (clear legal right; duty of defendant; unlawful neglect; ministerial act; no adequate remedy). It found the first requisite—clear legal right—absent because Macacua’s appointment and assumption to
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Antecedents and Statutory Framework
- Republic Act No. 11550 (Charter of the Provinces of Maguindanao del Norte and Maguindanao del Sur) was signed into law on May 27, 2021; specified plebiscite to create the two provinces to be conducted by COMELEC within 90 days from effectivity under Section 48.
- Section 50 provided for a transitional governance structure and conditions for assumption of offices in the newly created provinces if the law was approved and ratified at specified times; Section 51 mandated filling provincial appointive positions within 60 days upon commencement of corporate existence.
- COMELEC deferred the plebiscite until after the 2022 National and Local Elections (2022 NLE); the plebiscite was eventually held on September 17, 2022 and resulted in ratification of RA 11550.
- The Province of Maguindanao proceeded to elect officials during the 2022 NLE; pursuant to the transitional governance structure, the elected Vice Governor of the undivided Province, Fatima Ainee L. Sinsuat, and the next ranking member of the Sangguniang Panlalawigan, Datu Sharifudin Tucao P. Mastura, assumed the posts of Governor and Vice Governor, respectively, for Maguindanao del Norte under Section 50.
Petitioner's Initial Administrative Action and Respondents’ Reaction
- On December 20, 2022, Acting Governor Fatima Ainee L. Sinsuat wrote to BLGF Region XII requesting designation of Badorie M. Alonzo as Provincial Treasurer of Maguindanao del Norte in concurrent capacity per Section 51 of RA 11550.
- On February 1, 2023, BLGF Region XII Acting Regional Director June Ann C. Abella informed Sinsuat that BLGF Region XII would seek legal guidance from BLGF Central Office and the MILG–BARMM on interpretation of the transitory provisions, noting that because the plebiscite was held after the 2022 NLE, Section 50 might no longer apply to the assumption to office of the purported governing officials.
Original Court Action: Petition for Mandamus and Writ of Preliminary Mandatory Injunction
- Petitioner (Province of Maguindanao del Norte, represented by Sinsuat) filed a Petition for Mandamus with prayer for issuance of a writ of preliminary mandatory injunction, seeking to compel respondents to process the designation of Alonzo or any qualified person as Provincial Treasurer.
- On April 19, 2023, the Court issued a Writ of Preliminary Mandatory Injunction ordering BLGF Region XII to process the designation of Badorie M. Alonzo or any qualified person designated by petitioner as Provincial Treasurer, effective immediately and continuing until further orders.
Executive Actions and Interim Administrative Developments
- On April 4, 2023, President Ferdinand Marcos, Jr. appointed Abdulraof Abdul Macacua and Bai Mariam Sangki Mangudadatu as Officers-in-Charge (OICs) of the Offices of the Governor of Maguindanao del Norte and Maguindanao del Sur, respectively.
- On April 5, 2023, Macacua took his oath (as OIC).
- On April 24, 2023, the MILG, through Minister Naguib G. Sinarimbo, issued a Certificate of Recognition to Macacua as OIC Governor of Maguindanao del Norte; Macacua thereafter assumed office.
- BLGF Region XII submitted a Compliance Report dated May 11, 2023 stating that Ms. Zaira E. Ala, Municipal Treasurer of Datu Odin Sinsuat, Maguindanao del Norte, was designated Acting Provincial Treasurer of Maguindanao del Norte in concurrent capacity effective April 24, 2023, pursuant to recommendation of Sinsuat.
June 26, 2023 Decision (Initial Supreme Court Ruling)
- By Decision dated June 26, 2023, the Court (Second Division; penned by Justice Amy C. Lazaro-Javier with concurrence of Senior Associate Justice Marvic M.V.F. Leonen and Associate Justices Mario V. Lopez, Jhosep Y. Lopez, and Antonio T. Kho, Jr.) granted the Petition for Mandamus, made the Writ of Preliminary Mandatory Injunction permanent, and ordered BLGF Region XII to process appointment of Badorie M. Alonzo or any qualified person designated by petitioner (through Acting Governor Sinsuat) as Provincial Treasurer with utmost dispatch.
- The Court affirmed the clear legal right of petitioner, represented by Sinsuat as Acting Governor, to recommend the appointment of its Provincial Treasurer as a basis for issuing the writ.
Subsequent Motions and Reliefs Sought
Office of the Solicitor General (OSG) filed an Omnibus Motion (Aug. 29, 2023) on behalf of BLGF Region XII and BLGF Central, praying that the case be referred to the Court En Banc, set for oral arguments, and the June 26, 2023 Decision be reversed and the Petition dismissed.
- OSG informed the Court that on April 26, 2023, the President appointed several officers including Macacua and Sinsuat as Governor and Vice Governor, respectively; Sinsuat and Macacua accepted and took oaths on April 28, 2023.
- OSG argued Sinsuat effectively abandoned her claim as Acting Governor when she accepted appointment and oath as Vice Governor, thereby rendering the case moot.
- OSG contended the President had power under Article VII, Section 16 of the 1987 Constitution to fill vacancies by appointment; Article 50(a) of RA 11550 was inoperable because the law’s legislative conditions were not met; hence the President could validly appoint until elections.
- OSG maintained BLGF Region XII was not obliged to process Alonzo’s appointment because Sinsuat lacked authority and her recommendation did not comply with the required number of eligible recommendees (at least three).
- OSG asserted the Court erred in granting mandamus given the lack of clear legal right.
MILG filed a Motion for Reconsideration (Sept. 12, 2023) mirroring OSG’s requests and arguing supervening events (appointments and assumption of office by Macacua and Sinsuat) rendered the issue moot; averred that Sinsuat voluntarily renounced her claim to Governor by accepting Vice Governor appointment and was estopped from questioning Macacua’s assumption.
Petitioner filed a Motion to Cite Respondents, et al., for Indirect Contempt (Aug. 18, 2023), seeking charges against:
- MILG (Sinarimbo) for refusing recognition of Sinsuat as Acting Governor and alleged public misstatements minimizing the Court’s June 26, 2023 Decision;
- Macacua for undermining Sinsuat’s and Mastura’s assumption;
- Provincial Administrator Dr. Tomanda D. Antok for Memorand