Scribd
Upload
22 views2 pages

Province of Maguindanao Del Norte VS, Bureau of Local Government Finance, Et Al.

The case involves a petition for a writ of mandamus filed by Governor Fatima Ainee Limbona Sinsuat to compel the Bureau of Local Government Finance to process the appointment of a provincial treasurer for Maguindanao del Norte. The court ruled against the issuance of the writ, stating that Sinsuat's claim to the governor position was uncertain due to the appointment of Macacua as governor, which cast doubt on her authority to recommend the treasurer. Consequently, the court reversed its earlier decision and revoked the writ of mandamus and injunction previously issued.

Uploaded by

therouguedragonrider14
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
22 views2 pages

Province of Maguindanao Del Norte VS, Bureau of Local Government Finance, Et Al.

The case involves a petition for a writ of mandamus filed by Governor Fatima Ainee Limbona Sinsuat to compel the Bureau of Local Government Finance to process the appointment of a provincial treasurer for Maguindanao del Norte. The court ruled against the issuance of the writ, stating that Sinsuat's claim to the governor position was uncertain due to the appointment of Macacua as governor, which cast doubt on her authority to recommend the treasurer. Consequently, the court reversed its earlier decision and revoked the writ of mandamus and injunction previously issued.

Uploaded by

therouguedragonrider14
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Case Title: Province of Maguindanao Del Norte, represented by its Governor

Fatima Ainee Limbona Sinsuat Vs. Bureau of Local Government Finance,


Regional Office No. XII, represented by its Acting Regional Director June Ann C.
Abella; Bureau of Local Government Finance, Central Office, represented by OIC
Executive Director Ma. Pamela P. Quizon; Ministry of the Interior and Local
Government, represented by Minister Naguib G. Sinarimobo, Bangsamoro
Autonomous Region in Muslim Mindanao
Topic of Law: Writ of Mandamus, correct application
Doctrine: A writ of mandamus is provided as a remedy when ignorance of
ministerial duties prejudice the official discharge of public office, however it is
imperative that the facts of a case must be met before said remedy may be
availed.
Facts:
On May 27, 2021, Republic Act No. 11550 took effect and created two independent
provinces -Maguindanao del Norte and Maguindanao del Sur -contingent on the
approval of a plebiscite supervised by COMELEC. On September 17, 2022, the
plebiscite was held resulting in overwhelming ratification of the law, thereby validating
the birth of the two provinces and setting in motion the transitional governance under
Section 50 of the aforementioned law. For Maguindanao del Norte, the elected Vice
Governor Sinusat, and the next ranking member of the Sangguiniang Panlalawigan
Mastura, assumed the roles of Governor and Vice Governor respectively, as provided
under Section 50 and meeting the qualifications. On December 20, 2022, Sinusat
recommended the appointment of Alonzo as provincial treasurer in a concurrent
capacity, in accordance with Section 51 of the same law. On February 1, 2023, Acting
Regional Director Abella of BLGF Region XII informed Sinusat that legal guidance was
being sought from the BLGF Central Office and the Ministry of the Interior and Local
Government (MILG) of BARMM regarding the proper interpretation of the transitory
provisions, particularly questioning the application of Section 50 following the
postponement of the plebiscite. In response, the Province of Maguindanao del Norte,
through Sinsuat, filed a Petition for Mandamus with a prayer for a writ of preliminary
mandatory injunction to compel BLGF Region XII to process the appointment of Alonzo
or any qualified person as Provincial Treasurer. On April 4, 2023, President Marcos, Jr.
appointed Macacua and Mangudadatu as Officers-in-Charge (OICs) for the offices of
Governor of Maguindanao del Norte and Maguindanao del Sur respectively. Macacua
took his oath on April 5, 2023. Shortly thereafter, despite the earlier injunction ordering
the designation of the Provincial Treasurer, another appointment was made on May 11,
2023, when BLGF Region XII designated Ms. Ala as the Acting Provincial Treasurer
based on Sinsuat’s recommendation. The Court issued a Decision on June 26, 2023,
granting the Petition for Mandamus and making the writ of preliminary mandatory
injunction permanent, thereby compelling the designation of the Provincial Treasurer.
The OSG contended that Sinsuat, by accepting her appointment and taking her oath as
Vice Governor, had abandoned her claim to the Governor position and thus nullified her
authority to recommend the appointment of the Provincial Treasurer. The MILG similarly
argued that new presidential appointments and Sinsuat’s actions rendered the case
moot, negating any clear legal right by Sinsuat to pursue her earlier claim.
Issue: Whether or not the issuance of a writ of mandamus to compel BLGF Region XII
to process the appointment of the provincial treasurer of Maguindanao del Norte is
proper in view of the appointment and assumption of office of Macacua and Sinusat as
Governor and Vice Governor, respectively, of Maguindanao del Norte.
Ruling:
NO. The Court provides that for mandamus to lie, it is imperative that the following
requisites be present: (1) the plaintiff has a clear legal right to the act demanded; (2) it
must be the duty of the defendant to perform the act, because it is mandated by law; (3)
the defendant unlawfully neglects the performance of the duty enjoined by law; ( 4) the
act to be performed is ministerial, not discretionary; and (5) there is no appeal or any
other plain, speedy, and adequate remedy in the ordinary course of law. Only specific
legal rights are enforceable by mandamus, which requires that the right sought to be
enforced must be certain and clear, and the writ will not issue in cases where the right is
doubtful. Here, the appointment and assumption to office of Macacua as Governor of
Maguindanao del Norte cast an inescapable shadow of doubt over Sinsuat's claim to
the same position as well as her concomitant right to recommend the appointment of
Maguindanao del Norte's Provincial Treasurer. For now, there arises a dispute as to who
between them rightfully exercises the authority to designate an individual to such
position. Verily, the first requisite is remarkably absent, which precludes the issuance of
the writ.
Dispositive Portion:
Upon due consideration of the integral supervening events here, the Court must reverse
its earlier pronouncement in the assailed Decision and revoke the Writ of Mandamus
and Writ of Preliminary Mandatory Injunction earlier issued.

You might also like