The conundrum continues. As one sage claims: put five lawyers in a room to interpret a legal riddle and you will have five differing answers. Legal hermeneutics is cerebral calisthenics lawyers are trained for. We see this in the on-and-off legal and political maneuverings for the governorship of the newly created Maguindanao del Norte province. Some wise observers compare it to the Game of Thrones, especially the first major story, “The Iron Throne of the Seven Kingdoms of Westeros,” which describes the “web of political conflicts among the noble families… to claim the throne.”
We thought the exercise by the President of his inherent power of appointment, as this column suggested in previous articles, to fill the lacuna of leadership had written finis to the controversy. We thought wrong. The province is plunged again into a political crisis.
As a caveat, the following is an off-the-cuff commentary substantially based on reports published in tri- and social media. We haven’t read the text of the decision. We had to observe caution because the case is still pending and therefore covered by the sub judice rule which prohibits public discussion of the merits of a pending case under pain of contempt of court.
The recent imbroglio springs from a report of an alleged decision by a Division of the Supreme Court litigating an issue (a Mandamus not a Quo Warranto petition) regarding the appointment by then Acting Vice Governor Aimee Sinsuat of the Provincial Treasurer of the newly created province of Maguindanao del Norte.
The decision includes a statement that the appointment made by Sinsuat was “valid.” Then-elected Vice Governor Aimee Sinsuat of the mother province of Maguindanao assumed the office of Acting Governor by virtue of the transitory provision of the law which called for a plebiscite for the splitting of Maguindanao into del Sur and Norte. The assumption by Sinsuat was questioned, inter alia, for the alleged inapplicability of the law because the plebiscite was conducted after the 2023 national and local elections (the law was premised on the plebiscite being conducted before the elections).
The BARMM Ministry of Local Government debunked the claim of Vice Governor Sinsuat to the office.
The BARMMN leadership then recommended Senior Minister Abdul Raof “Sammy Gambar” Macacua for Acting Governor to prevent paralysis of the government service. This was approved by the President who issued an appointment designating Macacua as Acting Governor and Bai Sinsuat as Acting Vice Governor, with the latter accepting it without a whimper of protest.
This calmed the stormy political waters, grumbling, and maneuvering for the province’s Governorship until a Division of the Supreme Court came out with a decision upholding the appointment made by then Acting Governor Sinsuat. This has resurrected hope in the camp of Sinsuat that their interpretation of the law was correct, ergo, she should be the Acting Governor and not Macacua.
This has ruffled political feathers and created confusion among Maguindanaons. Who is the legal Acting Governor of the province? Speculations on the effect of the decision flew thick and fast prompting Interim Chief Minister Ahod Ebrahim Murad to appeal to the public not to spread rumors that tend to create political instability.
There are valid questions that beg answers. Was the Supreme Court aware of the appointment by the President of Macacua as Acting Governor and Sinsuat as Vice Governor? If yes, will this not lead to a constitutional crisis with the judiciary questioning the exercise of a presidential prerogative absent abuse or irregularity in the process?
Was the acceptance by Sinsuat of her appointment by the President as Vice Governor without reservation made her estopped from questioning the legitimacy of the appointment of Macacua? Does the dispositive part of the decision about the legality of the appointment made by then Acting Governor Sinsuat constitute the fallo of the case or was it a mere obiter dictum?
Meantime, the decision has not yet acquired finality. The BARMM will definitely file a Motion for Reconsideration. There’s still a long way to go.
This column echoes the appeal of the Interim Chief Minister for the public to refrain from making any unnecessary comments that will add fuel to the controversy.
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