Metro Manila (CNN Philippines, November 15) — The Supreme Court (SC) has ordered Maguindanao del Norte Vice Governor Bai Fatima Ainee Sinsuat to explain why she should not be cited in contempt for her failure to promptly inform the high court of her appointment, oath taking, and assumption.
The SC gave Sinsuat 10 days from notice to submit her explanation.
Sinsuat won as Maguindanao vice governor in the 2022 national and local elections, the same year he assumed office as governor of the newly created province of Maguindanao del Norte.
The Republic Act 1550 or the “Charter of the Provinces of Maguindanao del Norte and Maguindanao del Sur” was signed into law on May 27.
On Sept. 17, the Commission on Elections (Comelec) conducted a plebiscite which resulted in the ratification of the law.
Sinsuat later assumed the gubernatorial post of the newly created province of Maguindanao del Norte.
She then wrote a letter to the Bureau of Local Government Finance – Regional Office No. XII (BLGF Region XII), requesting that Badorie Alonzo be designated as provincial treasurer.
When informed by the BLGF Region XII of its intention to seek guidance on the matter from BLGF Central and the Ministry of Interior and Local Government (MILG) of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), Sinsuat filed a petition for the issuance of a writ of preliminary injunction and mandamus seeking to compel the latter to process the designation of Alonzo or any qualified person designated by her as provincial treasurer.
In a resolution issued on June 26, the SC granted Sinsuat’s petition and ordered respondents to process Alonzo’s designation as provincial treasurer.
In granting the mandamus, the top court affirmed the clear legal right of Maguindanao del Norte, represented by Sinsuat as acting governor, to recommend the appointment of its provincial treasurer.
The Office of the Solicitor General (OSG), representing the BLGF Region XII and BLGF Central, the MILG, filed a motion requesting that the case be set for oral arguments and that the June 26, 2023 decision of the SC be reversed.
In the said motion, the OSG, informed the high court that on April 26, 2023, the President had appointed several officers for the provinces of Maguindanao del Norte, among which was Sinsuat as Vice Governor.
The OSG alleged that Sinsuat effectively abandoned her claim as acting governor of Maguindanao del Norte and relinquished the authority to appoint its provincial officer when she accepted and took her oath of office as vice governor on April 28.
The top court’s Second Division, through Associate Justice Amy Lazaro-Javier, agreed with the OSG.
It held that Sinsuat is deemed to have abandoned her claim to the position of governor when she accepted her appointment, took her oath, and assumed office as vice governor of Maguindanao del Norte.
Since Sinsuat abandoned her claim to the position of governor, the court ruled that the issues raised in the petition have been rendered moot and her authority to represent the province had ceased, warranting the dismissal of the case.
The court, however, deemed it proper to order Sinsuat to show cause why she should not be cited in contempt.
It pointed out that while the high court takes judicial notice of the official acts of the President in appointing Sinsuat, the parties should have at least informed the court of the supervening events which significantly altered the possible outcome of the case.
The SC said Sinsuat’s “silence and omissions appear to constitute intentional concealment which tends to disrespect the court’s authority as final dispense of justice.”
“Her actions tend to cripple the court’s authority to render an informed and just resolution of the case,” it added.
