Province of Maguindanao del Norte vs. Bureau of Local Government Finance

A public officer who accepts appointment to a different office, takes the oath, and assumes its functions—while remaining silent about a competing claim to the original office—has abandoned the original office, rendering any petition predicated on that officer's authority moot and academic.

Republic Act No. 11550, signed into law on May 27, 2021, divided the province of Maguindanao into two distinct and independent provinces: Maguindanao del Norte and Maguindanao del Sur. Section 48 of the law required a plebiscite to be conducted by the COMELEC within 90 days from effectivity, but the COMELEC deferred the plebiscite until after the 2022 National and Local Elections. Section 50 of the same law provided a transitory governance structure, under which the elected Vice Governor and the next ranking member of the Sangguniang Panlalawigan of the mother province of Maguindanao would assume as Governor and Vice Governor, respectively, of the newly created province. Section 51 required that all provincial appointive positions be filled within 60 days upon commencement of corporate existence. The interplay between these transitory provisions and the President's appointment power under Section 16, Article VII of the 1987 Constitution generated the dispute, as the plebiscite was held after rather than before the 2022 NLE.

On May 27, 2021, Republic Act No. 11550 was signed into law, dividing the province of Maguindanao into two distinct and independent provinces: Maguindanao del Norte and Maguindanao del Sur. Section 48 of the law required that the provinces be created upon approval by a majority of votes cast in a plebiscite to be conducted by the COMELEC within 90 days from the law's effectivity. The COMELEC, however, deferred the plebiscite until after the 2022 National and Local Elections. Consequently, the Province of Maguindanao elected a new set of officials during the 2022 NLE.

On September 17, 2022, the COMELEC conducted the plebiscite, which resulted in the ratification of Republic Act No. 11550. Pursuant to Section 50 of the law, the elected Vice Governor of the mother province of Maguindanao, Fatima Ainee L. Sinsuat, and the next ranking member of the Sangguniang Panlalawigan, Datu Sharifudin Tucao P. Mastura, assumed as Governor and Vice Governor, respectively, of Maguindanao del Norte. On December 20, 2022, Sinsuat sent a letter to BLGF Region XII requesting that Badorie M. Alonzo be designated as Provincial Treasurer of Maguindanao del Norte in a concurrent capacity, in accordance with Section 51 of the law.

On February 1, 2023, Acting Regional Director June Ann C. Abella of BLGF Region XII informed Sinsuat that the office intended to seek legal guidance from the BLGF Central Office and the MILG of the BARMM on the correct interpretation of the transitory provisions, taking the position that since the plebiscite was held after the 2022 NLE, Section 50 would no longer apply vis-à-vis the assumption to office of the governing officials of the newly created province. Petitioner, represented by Sinsuat, filed a Petition for Mandamus with prayer for a writ of preliminary mandatory injunction 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.

On April 4, 2023, President Ferdinand Marcos, Jr. appointed Abdulraof Abdul Macacua as OIC Governor of Maguindanao del Norte. On April 24, 2023, the MILG issued a Certificate of Recognition to Macacua, who thereafter assumed office. On April 26, 2023, the President appointed Macacua and Sinsuat as Governor and Vice Governor, respectively, of Maguindanao del Norte. On April 28, 2023, both accepted their appointments and took their oaths of office—Sinsuat taking hers before the President himself. On May 11, 2023, BLGF Region XII submitted a Compliance Report stating that Zaira E. Ala had been designated as Acting Provincial Treasurer of Maguindanao del Norte effective April 24, 2023, pursuant to Sinsuat's recommendation.

By Decision dated June 26, 2023, the Court granted the Petition for Mandamus, affirming Sinsuat's clear legal right as Acting Governor to recommend the appointment of the Provincial Treasurer, and made the writ of preliminary mandatory injunction permanent. Thereafter, three motions were filed: the OSG's Omnibus Motion dated August 29, 2023, seeking reversal of the Decision on the ground that Sinsuat had abandoned her claim as Acting Governor by accepting the Vice Governorship; the MILG's Motion for Reconsideration dated September 12, 2023, raising identical arguments; and petitioner's Motion to Cite Respondents in Indirect Contempt dated August 18, 2023, seeking to hold several persons in contempt for acts allegedly contravening the June 26, 2023 Decision. None of the parties had promptly informed the Court of the President's appointments or Sinsuat's acceptance and assumption of the Vice Governorship.

• Indirect Contempt: Petitioner argued that the MILG, Macacua, Provincial Administrator Antok, Land Bank's Pelle, and OIC Gulam should be cited in indirect contempt for acts allegedly contravening the Court's June 26, 2023 Decision, including refusing to recognize Sinsuat as Acting Governor, undermining her assumption of office, directing employees to recognize Macacua's authority, requiring a Certificate of Recognition from the MILG, and refusing to process Sinsuat's fidelity bond.
• Urgency as Justification for Procedural Form: Petitioner acknowledged the procedural infirmity of initiating the contempt charge by a mere motion but cited the urgency of the Petition for Mandamus, which had prompted the issuance of the Writ of Preliminary Mandatory Injunction, as justification for excepting the Motion from the requisite form under the rules of procedure.
• Recognition of Sinsuat's Authority: Petitioner insisted that the MILG's refusal to recognize Sinsuat as Acting Governor, in view of Macacua's appointment, constituted disobedience to the Court's June 26, 2023 Decision, which purportedly affirmed Sinsuat's assumption as Acting Governor as valid under Section 50 of Republic Act No. 11550.

• Abandonment of Claim: The OSG argued that Sinsuat effectively abandoned her claim as Acting Governor of Maguindanao del Norte and relinquished the authority to appoint its Provincial Treasurer when she accepted her appointment, took her oath, and assumed office as Vice Governor, rendering the case moot.
• Presidential Appointment Power: The OSG maintained that the President is empowered to fill the vacant positions of Governor and Vice Governor of Maguindanao del Norte pursuant to Section 16, Article VII of the 1987 Constitution, and that Article 50(a) of Republic Act No. 11550 is inoperable because the conditions set by the legislature—approval and ratification more than six months prior to the 2022 NLE—never took place.
• Lack of Clear Legal Right: The OSG contended that BLGF Region XII was not obliged to process the appointment of Alonzo because Sinsuat had no authority to recommend her, and that her recommendation was not compliant with the required number of eligible recommendees, i.e., at least three ranking eligible recommendees.
• Mootness: The MILG averred that the issue concerning who shall assume as Governor and Vice Governor of Maguindanao del Norte had become moot due to supervening events, specifically the appointment to and assumption of office of Macacua and Sinsuat, and that none of the exceptions to mootness applied.
• Estoppel: The MILG argued that Sinsuat was already estopped from questioning Macacua's assumption to office as Governor after she voluntarily renounced her claim to the position by accepting her appointment as Vice Governor.
• Referral to En Banc: Both the OSG and the MILG prayed that the case be referred to the Court En Banc and set for oral arguments, and that the June 26, 2023 Decision be reversed and the Petition dismissed.

• Abandonment of Office: Whether Sinsuat effectively abandoned her claim to the position of Governor of Maguindanao del Norte when she accepted her appointment, took her oath, and assumed her post as Vice Governor of the province.
• Propriety of Mandamus: Whether 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 to office of Macacua and Sinsuat as Governor and Vice Governor, respectively.
• Indirect Contempt: Whether the Motion to Cite Respondents in Indirect Contempt may prosper.

• Abandonment of Office: Yes. Sinsuat is deemed to have abandoned her claim to the position of Governor of Maguindanao del Norte by her acceptance of appointment as Vice Governor, oath-taking before the President, and assumption of the duties of that office, coupled with her silence and inaction regarding Macacua's appointment as Governor.
• Propriety of Mandamus: No. The case has become moot and academic due to Sinsuat's abandonment of her claim, and none of the exceptions to mootness apply. Even assuming no abandonment occurred, Sinsuat lacked a clear legal right to compel respondents, as Macacua's appointment cast doubt over her claim to the Governorship and concomitant authority to recommend appointments.
• Indirect Contempt: No. The Motion was procedurally infirm, having been initiated by a mere motion rather than a verified petition as required by Rule 71, Section 4 of the Revised Rules of Court. On the merits, the Motion constituted a collateral attack on Macacua's colorable title to the office, which could only be challenged in a quo warranto proceeding.

• Abandonment of Office: Abandonment of office is a species of resignation, defined as the voluntary relinquishment of an office by the holder, accompanied by the intention of terminating possession and control thereof. Its two essential elements are: (1) an intention to abandon, and (2) an overt or external act by which the intention is carried into effect. Applying the framework from Sangguniang Bayan of San Andres vs. Court of Appeals, the Court found that Sinsuat manifested intention to abandon through her silence when the President appointed Macacua as OIC Governor on April 4, 2023 and when he assumed office on April 11, 2023—silence that continued even after Macacua's title ripened into Governor upon his subsequent appointment on April 26, 2023 and second oath on April 28, 2023. She also ceased to discharge the functions of Governor in the interim and presumably failed to collect remuneration for the post. Her overt acts included: accepting her appointment as Vice Governor, knowing she could not simultaneously be Governor; taking her oath before the President of the Philippines, an act whose seriousness precludes any notion of inadvertence; and assuming the office and discharging the duties of Vice Governor while Macacua acted as Governor. The totality of circumstances led to no other reasonable conclusion than abandonment. The Court took judicial notice of the President's official acts pursuant to Rule 129, Section 1 of the Rules of Court.

• Propriety of Mandamus: A case is moot when it ceases to present a justiciable controversy because of supervening events, such that a declaration would be of no practical use or value. The controversy in the Petition sprang from respondents' refusal to recognize Sinsuat as Governor and her authority to recommend the appointment of a Provincial Treasurer. Since Sinsuat abandoned her claim to the Governorship, there was no longer any point in determining whether she validly assumed the position under Section 50 of Republic Act No. 11550, as she no longer wielded the right to recommend appointments even if her assumption were upheld. The Court found parallelism in Defensor-Santiago vs. Ramos, where former Senator Santiago was deemed to have abandoned her election protest by assuming the office of Senator, rendering the protest moot. None of the exceptions to mootness applied: the province had become operational under appointed officials, and the birthing pain of the new province was a rare occurrence unlikely to find identical repetition. Even assuming no abandonment, the Petition still failed for lack of merit because the requisites of mandamus were absent—specifically, Sinsuat had no clear legal right, as Macacua's appointment cast an inescapable shadow of doubt over her claim to the Governorship and her concomitant authority to recommend the Provincial Treasurer. The writ will not issue where the right is doubtful.

• Indirect Contempt: The Motion was procedurally infirm because under Rule 71, Section 4 of the Revised Rules of Court, a charge for indirect contempt can be initiated in only two ways: (1) through a verified petition, or (2) by order or formal charge initiated by the court motu proprio. Since the Court did not initiate the charge, a verified petition complying with the requirements for initiatory pleadings was required. A mere motion, as petitioner filed, cannot initiate indirect contempt proceedings, as held in Ladano vs. Neri et al. The urgency invoked by petitioner had been dissipated by supervening events, including the appointment of a Provincial Treasurer in the interim. On the merits, the Motion failed because the core issue resolved in the June 26, 2023 Decision was limited to whether Sinsuat had a clear legal right to demand the designation of a Provincial Treasurer; the determination of her authority was a necessary incident of resolving that issue, not an absolute fiat validating her title to the Governorship. The Motion was also a collateral attack on Macacua's title to the office, as it essentially sought an affirmation that Sinsuat had a better right over Macacua. Under Nacionalista Party vs. De Vera, where an officer has at least a colorable right to an office, his title can be determined only in a quo warranto proceeding. Macacua held at least a colorable title, having assumed his position pursuant to a presidential appointment. The Court declined to resolve the clash between Macacua's title and Sinsuat's adverse claim, as it was the proper subject of a quo warranto and Macacua was not even a party to the case.

• Abandonment of Office — Abandonment of office is a species of resignation, defined as the voluntary relinquishment of an office by the holder, accompanied by the intention of terminating possession and control thereof. It springs from deliberation and freedom of choice, and its effect is that the former holder can no longer legally repossess the office. Two essential elements must be present: (1) an intention to abandon, and (2) an overt or external act by which the intention is carried into effect. Intention may be manifested through silence, failure to perform functions, failure to collect remuneration, failure to object to a replacement's appointment, and prolonged inaction to reassume the post. Overt acts include accepting a different appointment, taking an oath for the new position, and discharging the duties of the new office. The Court applied this doctrine to find that Sinsuat abandoned the Governorship of Maguindanao del Norte by accepting the Vice Governorship, taking her oath before the President, and assuming the duties of Vice Governor while remaining silent about Macacua's appointment as Governor.

• Mootness — A case is moot when it ceases to present a justiciable controversy because of supervening events, such that a declaration would be of no practical use or value. When a case is moot and academic, the Court generally declines jurisdiction. The recognized exceptions are: (1) grave constitutional violations; (2) exceptional character of the case; (3) paramount public interest; (4) the case presents an opportunity to guide the bench, bar, and public; or (5) the case is capable of repetition yet evading review. None of these exceptions applied, as the province had become operational under presidentially appointed officials and the circumstances were unlikely to recur identically.

• Requisites of Mandamus — For mandamus to lie, five requisites must 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; the right must be certain and clear, and the writ will not issue where the right is doubtful. The Court found the first requisite absent because Macacua's appointment cast doubt over Sinsuat's claim to the Governorship and her authority to recommend the Provincial Treasurer.

• Colorable Title and Quo Warranto — Where an officer has at least a colorable right to an office, his or her title can be determined only in a quo warranto proceeding, which is the proper legal remedy to determine a person's right or title to a public office and to oust the holder from its enjoyment. A contempt proceeding cannot be used to circumvent this rule and collaterally attack an officeholder's title.

• Initiation of Indirect Contempt — Under Rule 71, Section 4 of the Revised Rules of Court, a charge for indirect contempt may be initiated in only two ways: (1) through a verified petition with supporting particulars and certified true copies of documents, upon full compliance with the requirements for filing initiatory pleadings; or (2) by order or formal charge initiated by the court motu proprio. A charge for indirect contempt cannot be initiated by a mere motion. The procedural requirements—a charge in writing, an opportunity to appear and explain, and an opportunity to be heard by counsel—are mandatory.

• "abandonment of office is a specie of resignation, defined as the voluntary relinquishment of an office by the holder, accompanied by the intention of terminating his or her possession and control thereof. It springs from deliberation and freedom of choice. Its concomitant effect is that the former holder of an office can no longer legally repossess it even by forcible reoccupancy." — This passage defines the doctrine of abandonment of office and its two essential elements, which the Court applied to find that Sinsuat had abandoned her claim to the Governorship.

• "A case is moot if it 'ceases to present a justiciable controversy because of the supervening events so that a declaration thereon would be of no practical use or value.'" — This formulation of the mootness doctrine anchored the Court's dismissal of the Petition, as Sinsuat's abandonment of her claim rendered any declaration on the validity of her assumption to office of no practical use.

• "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." — This passage articulates the standard for mandamus, explaining why the writ could not issue: Macacua's appointment cast doubt over Sinsuat's claim to the Governorship and her authority to recommend the Provincial Treasurer.

• "A charge for indirect contempt, such as disobedience to a court's lawful order, is initiated either motu proprio by order of or a formal charge by the offended court, or by a verified petition with supporting particulars and certified true copies of documents or papers involved therein, and upon full compliance with the requirements for filing initiatory pleadings for civil actions in the court concerned. It cannot be initiated by a mere motion." — This quotation from Ladano vs. Neri et al., adopted by the Court, establishes the procedural rule that indirect contempt cannot be initiated by a mere motion, which was the procedural ground for denying petitioner's Motion for Indirect Contempt.

• Sangguniang Bayan of San Andres vs. Court of Appeals, 348 Phil. 303 (1998) — Controlling precedent on abandonment of office. The Court applied its framework—examining intention to abandon and overt acts carrying that intention into effect—to find that Sinsuat had abandoned her claim to the Governorship of Maguindanao del Norte.
• Defensor-Santiago vs. Ramos, P.E.T. Case No. 001, February 13, 1996 — Followed as a parallel. The Court found that Sinsuat's assumption of the Vice Governorship, like Santiago's assumption of the Senate seat, constituted abandonment of her claim to a contested office, rendering the case moot.
• Ladano vs. Neri et al., 698 Phil. 354 (2012) — Followed on the procedural requirement for initiating indirect contempt. The Court adopted its categorical holding that a charge for indirect contempt cannot be initiated by a mere motion.
• Nacionalista Party vs. De Vera, 85 Phil. 127 (1949) — Followed on the doctrine of colorable title. The Court applied its rule that where an officer has at least a colorable right to an office, title can be determined only in a quo warranto proceeding, not through a contempt motion.
• Republic of the Phils. vs. Sereno, 833 Phil. 449 (2018) — Cited to define quo warranto as the proper remedy to determine a person's right or title to a public office and to oust the holder from its enjoyment.

• Section 48, Republic Act No. 11550 — Transitory provision requiring a plebiscite for the creation of the provinces of Maguindanao del Norte and Maguindanao del Sur, to be conducted by the COMELEC within 90 days from the law's effectivity. The COMELEC's deferral of the plebiscite until after the 2022 NLE created the factual backdrop for the dispute over the applicability of Section 50.
• Section 50, Republic Act No. 11550 — Transitory governance provision under which the elected Vice Governor and the next ranking member of the Sangguniang Panlalawigan of the mother province of Maguindanao would assume as Governor and Vice Governor of the newly created province. The Court found that determining the validity of Sinsuat's assumption under this provision had become moot.
• Section 51, Republic Act No. 11550 — Requires that all provincial appointive positions in the newly created provinces be filled within 60 days upon commencement of corporate existence. This provision was the statutory basis for Sinsuat's request to designate a Provincial Treasurer.
• Section 16, Article VII, 1987 Constitution — Vests in the President the power to appoint officers of the Government whose appointments are not otherwise provided for by law. The OSG invoked this provision to argue that the President validly appointed the Governor and Vice Governor of Maguindanao del Norte when the conditions for Section 50 of RA 11550 did not materialize.
• Section 1, Article VIII, 1987 Constitution — Defines judicial power as including the duty to settle actual controversies involving rights which are legally demandable and enforceable. The Court invoked this provision to explain why it declines jurisdiction over moot cases.
• Rule 71, Section 4, Revised Rules of Court — Prescribes the two modes of initiating indirect contempt proceedings: by motu proprio order or formal charge from the court, or by verified petition. The Court applied this provision to deny petitioner's Motion for Indirect Contempt for being a mere motion.
• Rule 129, Section 1, Revised Rules of Court — Mandates judicial notice of the official acts of the executive department. The Court relied on this provision to take judicial notice of the President's appointments of Macacua and Sinsuat.

Leonen, SAJ. (Chairperson), M. Lopez, J., J. Lopez, J., and Kho, Jr., J., concurred.