There appears to be an impasse in governance in the newly created Maguindanao del Norte resulting in the delay, if not stoppage, in the delivery of basic services to the people of that province.
The enactment of Republic Act 11550 dividing the province of Maguindanao into two provinces, i.e. Maguindanao del Sur and Maguindanao del Norte was intended for the development and progress of the two local government units. More importantly, to improve the efficiency of delivering basic public services. Its ratification by an overwhelming majority of the people in Maguindanao in a plebiscite called for that purpose is an assertive and unequivocal affirmation of the Maguindanaons’ desire to be governed in the manner provided by the law.
On the part of Maguindanao del Sur, there seems to be no problem in its operation. The elected officials are functioning and performing their tasks.
The newly created Maguindanao del Norte, however, is in a fix. It has two acting governors, acting Governor Bai Fatima Ainee Sinsuat, who assumed office as such pursuant to Section 50 of Republic Act 11550, and the acting OIC, acting Governor Abdulraof Abdul Macacua, who was appointed by the President. The latter’s appointment was made while acting Governor Bai Ainee Sinsuat was serving as such. Apparently, the government lawyers advised the appointing power on the legality of such appointment.
The lawyers from the Office of the Solicitor General, and the Department of the Interior and Local Government based their opinion on their interpretation of Section 50, RA 11550 which provided who will be the transitional provincial officials upon the effectivity of the law until their successors are elected and qualified.
Section 50 of Republic Act 11550 provides:
“SEC. 50. Officials of the Newly Created Provinces. — (a) The elected officials of the newly created provinces shall be elected on the second Monday of May 2023 national and local elections: Provided, however, That, if this Act is approved and ratified within six months or more prior to the 2022 national and local elections, the vice vice-governor and the next ranking elective member of the Sangguniang Panlalawigan of the present Province if Maguindanao, who are residents of the new province of Maguindanao del Norte shall assume as its acting Governor and acting vice-governor, respectively, and both shall continue to serve in office until their successors shall have been elected and qualified in the 2022 national and local elections.”
On 22 December 2022, acting Governor Sinsuat of Maguindanao del Norte formally requested the Bureau of Local Government Finance or BLGF Region XII to designate Badorie M. Alonzo, the Provincial Treasurer of the Mother Province of Maguindanao, as the concurrent Provincial Treasurer of Maguindanao del Norte pursuant to Section 51 of RA 11550.
The Department of Budget and Management issued Local Budget Memorandum No. 85-B expressly recognizing the newly created two provinces, and accordingly, the share of the provinces in the National Tax Allotment was downloaded to the depositary bank in the name of the province.
On 1 February 2023, the BLGF Region XII Acting Regional Director effectively denied the request of Governor Sinsuat to designate the Provincial Treasurer of Maguindanao del Norte as his office wanted to seek a legal opinion from the BLGF Central Office as to the correct interpretation of Sec. 50 of RA 11550.
The BLGF, however, recognized the existence of the Province of Maguindanao del Sur, including its Provincial Treasurer, as a consequence of which the latter province has already regularly drawn its NTA share and their officials’ salaries.
(To be continued)