These government lawyers who rendered the legal opinion that Section 50 of Republic Act 11550 is not applicable to Acting Governor Sinsuat and Acting Vice-Governor Mastura, who assumed their respective offices in obedience to the aforementioned law, have forgotten that if there is vagueness in a particular law, they must look for the intent of the lawmakers who crafted and passed it, to make it operative and effect the very purpose it intended to serve.
They must take heed of the recent decision promulgated on 26 June 2023 in G.R. No. 265373 by the Supreme Court in granting the petition for mandamus and making permanent the writ of preliminary mandatory injunction filed by Acting Governor Sinsuat against the Bureau of Local Government Finance or BLGF Regional Office XII, for refusing to process the designation of Badorie M. Alonzo as Provincial Treasurer of Maguindanao del Norte in a concurrent capacity as Provincial Treasurer of the Mother Province of Maguindanao, in accordance with Section 51, of Republic Act 11550.
This case is intertwined with the present impasse on the acting governorship of Maguindanao del Norte and their legal opinion and advice that triggered the current controversy. In the said case, the highest tribunal of the land, among others, clearly stated:
“Albeit the plebiscite was conducted only after the May 2022 National and Local Elections, this does not invalidate Section 50. As one of the transitory provisions, Section 50 is intended to operate upon the effectivity of the law. Indeed, it would be in keeping with the spirit and intention of the law to give life to its transitory provisions for we cannot simply allow the already existing Provinces of Maguindanao del Norte and Maguindanao del Sur to be without a set of officials or without any funds for their operations.
In Lecaroz v Sandiganbayan, we reiterated the strong presumption against a legislative intent to create a vacuum in public offices, xxxx, viz.:
“Indeed, the law abhors a vacuum in public offices, and courts generally indulge in the strong presumption against a legislative intent to create, by statute, a condition which may result in an executive or administrative office becoming. for any period of time, wholly vacant or unoccupied to one lawfully authorized to exercise its functions. (talons) This is on obvious considerations of public policy, for the principle of holdover is specifically intended to prevent the public from suffering because of a vacancy and to avoid a hiatus in the performance of public functions.
“The rule of holdover applies where there is express or implied legislative intent to the contrary. But it cannot be applied if there is such a legislative intent.
“Here, the intent of Congress is made clear in Section 50 of Republic Act 11550. it did not intend in the interim for a vacuum to exist in the public offices of the newly created Provinces of Maguindanao del Norte and Maguindanao del Sur, Indeed, it will absurd, nay (italics) contrary to the intent of Congress and and the will of the sovereign constituents of these new provinces, to interpret the law in a manner which unduly and unreasonably delays its operation and corporate existence.”
The government barristers should realize by now that their legal theory and advice, which was the basis of the appointment of the acting OIC Macacua, has been repudiated. It behooves them therefore to recommend the recall of the said appointment so that the rule of law shall prevail in Maguindanao del Norte.
They cannot invoke legal technicality to derail or delay the enforcement of the grant of the writ of mandamus.
There is a newly created Maguindanao del Norte, and the people have expressed their sovereign will as to who will govern them in the interim Thus the Supreme Court in the mandamus case ruled:
“The Court, nonetheless, must render judgment despite the silence, obscurity, or insufficiency of the law. Here, an indubitable fact: The Provinces of Maguindanao del Norte and Maguindanao del Sur have already ipso facto been created and defeated upon the approval of majority of the voters during the plebiscite. It is this very operative act that created the provinces. The people had clearly pronounced their will.”
When the people of the undivided Mindanao went to vote in the plebiscite to ratify the division of their provinces into two, they were well aware that under Section 50, RA 11550, they would be voting for the transitional provincial officials of Maguindanao del Norte, meaning whoever won as Vice-Governor and the board member getting the highest number of votes would serve as Acting Governor and Acting Vice-Governor, respectively, until their successors have been elected and qualified in the next local elections.
That particular provision doesn’t say that the two acting provincial officials shall serve until their successors are appointed. It distinctly and expressly says “until their successors are elected and qualified xxx.”
It therefore follows that the appointment of Macacua contravenes the said provision.
(To be continued)