The Supreme Court ruled that the Bureau of Local Government Finance (BLGF) must process the appointment of a provincial treasurer for Maguindanao del Norte. This decision ensures that the newly created province can effectively manage its finances and operate as a functional local government unit, emphasizing the importance of adhering to legal duties that facilitate governance and public service.

Navigating the Aftermath: How a Post-Election Plebiscite Shaped a New Province’s Governance

This case revolves around the creation of Maguindanao del Norte following a plebiscite conducted after the 2022 National and Local Elections. Republic Act No. 11550, which divided the Province of Maguindanao, stipulated that the provinces would be created upon the plebiscite’s approval. The central legal question is whether officials designated under the law’s transitory provisions could assume their roles given the plebiscite’s timing.

The dispute arose when Governor Fatima Ainee L. Sinsuat requested the BLGF to designate Badorie M. Alonzo as the Provincial Treasurer of Maguindanao del Norte, a request that was met with resistance. The BLGF argued that Section 50 of Republic Act No. 11550, concerning the assumption of office by elected officials, only applied if the law was ratified before the May 2022 elections. This interpretation stalled the province’s ability to access its National Tax Allotment (NTA) share, thus impeding its operational capacity.

The Supreme Court addressed the issue of whether the petition for mandamus was correctly filed directly before it, bypassing lower courts. The Court clarified that direct recourse is permissible when the issues are purely legal and imbued with public interest. In this case, the Court noted the importance of resolving the novel question of whether Section 50 of Republic Act No. 11550 remained operative despite the delayed plebiscite. It also emphasized the public interest in ensuring the proper governance and operation of Maguindanao del Norte.

Building on this, the Court examined whether Fatima L. Ainee Sinsuat and Datu Sharifudin Tucao Mastura validly assumed the positions of Governor and Vice Governor of Maguindanao del Norte, respectively. The BLGF and MILG contended that Section 50 was inapplicable because the law’s ratification occurred after the 2022 elections, thus questioning the legitimacy of Sinsuat and Mastura’s assumption of office.

The Supreme Court disagreed, stating that Sinsuat and Mastura validly assumed office, albeit in an acting capacity. The court interpreted that while Republic Act No. 11550 primarily addressed scenarios where ratification occurred before the elections, its silence on post-election ratification did not invalidate the law’s intent. The Court emphasized the need to give effect to the law’s transitory provisions to avoid a governance vacuum in the newly created provinces.

Civil Code, Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.

This decision underscores the principle that courts must render judgment even when laws are silent or unclear. The Court further highlighted the significance of the plebiscite as an exercise of direct democracy, where the people’s will in creating the provinces should be respected.

The 1987 Constitution, more than any of our previous Constitutions, gave more reality to the sovereignty of our people… Thus, the consent of the people of the local government unit directly affected was required to serve as a checking mechanism to any exercise of legislative power creating, dividing, abolishing, merging or altering the boundaries of local government units. It is one instance where the people in their sovereign capacity decide on a matter that affects them—direct democracy of the people as opposed to democracy thru people’s representatives. This plebiscite requirement is also in accord with the philosophy of the Constitution granting more autonomy to local government units.

Miranda v. Aguirre, 373 Phil. 386 (1999)

The Court then addressed the propriety of issuing a writ of mandamus to compel the BLGF to process the appointment of the Provincial Treasurer of Maguindanao del Norte. The requisites for mandamus were examined, focusing on whether the petitioner had a clear legal right, whether the defendant had a duty to perform a mandated act, and whether the act was ministerial rather than discretionary.

The Court determined that Sinsuat, as Acting Governor, had a clear legal right to recommend the appointment of the Provincial Treasurer. Referring to Section 26(a) of Republic Act No. 11550, it states that the provincial treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the provincial governor. Consequently, the BLGF was found to have a duty to process the recommendation, in accordance with Department of Finance (DOF) Personnel Order No. 477-2019.

DOF Personnel Order No. 477-2019 outlines the procedure for evaluating and processing appointments of local treasurers, assigning the BLGF a crucial role in screening candidates. The court underscored that this role is ministerial, meaning the BLGF must perform it as prescribed without exercising discretionary judgment.

There shall be constituted and established the BLGF Central HRMPSB for Local Treasurers, which shall be chaired by the BLGF Executive Director, and the BLGF Regional HRMPSB for Local Treasurers in every BLGF RO, which shall be chaired by the concerned BLGF Regional Director, to evaluate the qualifications and competence of all recommendees of the concerned LCE.

DOF Personnel Order No. 477-2019

The court differentiated between a ministerial duty and a discretionary one, explaining that a ministerial duty requires no exercise of judgment. Because Personnel Order No. 477-2019 did not grant the BLGF discretion in processing the governor’s recommendation, its neglect to do so was unlawful.

Discretion, when applied to public functionaries, means a power or right conferred upon them by law of acting officially, under certain circumstances, according to the dictates of their own judgments and consciences, uncontrolled by the judgments or consciences of others. A purely ministerial act or duty, in contradistinction to a discretional act, is one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his [or her] own judgment, upon the propriety or impropriety of the act done.

Sanson v. Barrios, 63 Phil. 198, 203 (1936)

Finally, the Court considered the absence of other adequate remedies and the urgency of the situation, emphasizing that the absence of a provincial treasurer would cripple the newly created province. This justified the issuance of the writ of mandamus to ensure the province could function effectively.

FAQs

What was the key issue in this case?	The central issue was whether the BLGF was obligated to process the appointment of a provincial treasurer for Maguindanao del Norte, given the post-election ratification of the law creating the province.
Why did the Supreme Court take on this case directly?	The Court accepted the case directly due to its purely legal nature, its status as a case of first impression, and its significant public interest implications for local governance.
What is a writ of mandamus?	A writ of mandamus is a court order compelling a government agency or official to perform a mandatory duty they are legally required to fulfill.
What was BLGF’s argument for not processing the appointment?	BLGF argued that Section 50 of Republic Act No. 11550, which outlines how officials assume office, did not apply because the law was ratified after the 2022 elections.
How did the Court rule on the validity of the Governor and Vice Governor’s assumption of office?	The Court ruled that the Governor and Vice Governor validly assumed office but only in an acting capacity, pending regular elections for those positions.
What is the role of Department of Finance (DOF) Personnel Order No. 477-2019 in this case?	This order outlines the procedure for processing appointments of local treasurers, mandating the BLGF to evaluate and screen candidates recommended by local chief executives.
Why was the BLGF’s duty to process the appointment considered ministerial?	The duty was ministerial because the BLGF was required to follow a prescribed procedure without exercising discretionary judgment in deciding whether to process the recommendation.
What is the practical impact of this ruling?	The ruling ensures that Maguindanao del Norte can access its NTA share and operate effectively as a local government unit by having a functioning provincial treasurer.

In conclusion, the Supreme Court’s decision in this case clarifies the obligations of government agencies in facilitating the operation of newly created local government units. It reinforces the principle that ministerial duties must be performed as mandated by law, and it affirms the importance of upholding the will of the people expressed through democratic processes.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PROVINCE OF MAGUINDANAO DEL NORTE VS. BUREAU OF LOCAL GOVERNMENT FINANCE, G.R. No. 265373, June 26, 2023