COTABATO CITY鈥擳he Supreme Court has ended the long wait of Maguindanao del Norte to have its own provincial treasurer by ordering the Bureau of Local Government Finance (BLGF) in Soccsksargen to designate one for the newly created province.
On April 19, the Supreme Court鈥檚 Second Division, chaired by Senior Associate Justice Marvic Leonen, issued a writ of preliminary mandatory injunction 鈥渕andatorily enjoining鈥� the BLGF regional office 鈥渢o process the designation of Badorie M. Alonzo or any qualified person designated by petitioner Province of Maguindanao del Norte as Provincial Treasurer鈥� of the province.
The writ was issued in relation to a petition for mandamus filed on Feb. 20 by Maguindanao del Norte, represented by erstwhile Vice Gov. Fatima Ainee Sinsuat who assumed as acting governor of the new province.
The division of Maguindanao into two provinces鈥擬aguindanao del Norte and Maguindao del Sur鈥攚as formalized in October last year after it was approved by local voters in a plebiscite in September that year. Subsequently, then governor Bai Mariam Mangudadatu assumed as governor of Maguindanao del Sur and Sinsuat as governor of Maguindanao del Norte.
However, the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) refused to acknowledge Sinsuat as Maguindanao del Norte鈥檚 governor and instead endorsed one of its senior ministers, Abdulraof Macacua, for the post, who was subsequently sworn into office as acting governor by President Marcos on April 5.
鈥楨ffective immediately鈥�
But even before Macacua鈥檚 appointment as acting governor, Maguindanao del Norte, through Sinsuat, has filed a petition before the Supreme Court seeking to compel the BARMM and the BLGF, which is an agency under the Department of Finance, to honor the designation of Alonzo as provincial treasurer. Under the Local Government Code, the finance secretary appoints the local treasurer and assistant local treasurer 鈥渇rom a list of at least three ranking eligible recommendees鈥� of the local chief executive.
Although Maguindanao del Norte began to receive national tax allotment for 2023, the provincial government has not been able to disburse the funds as it has no treasurer. Apart from the governor, the treasurer is required as a signatory for fund disbursements.
The writ is 鈥渆ffective immediately and continuing until further orders,鈥� the high court said. In filing the petition, Sinsuat noted that the BLGF鈥檚 refusal to act on the province鈥檚 request for designating a treasurer hampered the efficient and effective delivery of services to the people. The writ was issued by the Supreme Court 鈥渋n the interest of expediency and without necessarily giving due course to the petition.鈥�
Sinsuat鈥檚 petition included, among others, prayers for the high court to order respondents to recognize the corporate existence of Maguindanao del Norte and the assumption of office of its local elective officials.
Recognition
But the initial legal victory raised Sinsuat鈥檚 hope that she has a rightful claim to the gubernatorial seat of the province.
鈥淚 believe that the Supreme Court recognizes that my assumption into office as acting governor is legitimate,鈥� she said in a statement posted on social media.
The writ, according to her, validates the corporate existence of Maguindanao del Norte hence its right to file a case.
鈥淭his will give clarity to the issues surrounding the governorship of the new province,鈥� Sinsuat added.
In a statement on Tuesday, lawyer Valerie A帽ober, a counsel for Sinsuat, explained that the issuance of the writ 鈥渆stablished that the petitioner has a clear legal and unmistakable right.鈥�
But BARMM Interior Minister Naguib Sinarimbo downplays the impact of the Supreme Court order on the question of who is the legitimate governor of Maguindanao del Norte.
Sinarimbo clarified that the order pertains to the designation of a provincial treasurer and not on the question of who should be the province鈥檚 chief executive.
Amid the leadership intramural, the mayors in nine of 12 towns of the province issued a joint statement supporting Macacua鈥檚 appointment as governor. These are the chief executives of Barira, Buldon, Datu Blah Sinsuat, Matanog, Kabuntalan, Northern Kabuntalan, Parang, North Upi and Sultan Mastura towns.
Macacua had also launched a contest for designing the logo or emblem of the new province that will depict the unity of its residents who are Muslims, Christians and indigenous peoples. INQ