J. Albert Gamboa l September 22, 2023 l The Manila Times
IN 2021, Congress passed Republic Act (RA) 11550 dividing the province of Maguindanao into two because this would lead to more accessible public service and efficient resource management. Data from the Philippine Statistics Authority showed it was among the poorest provinces in the country at that time, aside from belonging to the Philippines’ most impoverished region, the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
RA 11550 also required that a plebiscite be held in August 2021 to ratify the division, but was postponed to September 2022 when the split into Maguindanao del Norte and Maguindanao del Sur was ratified by 99 percent of the voters. Due to the postponement, no elections for provincial officials of the two newly created provinces were conducted in May 2022 as provided by the law.
This has led to a leadership crisis in Maguindanao del Norte where two officials are claiming the interim position of governor. One of them is Acting Gov. Ainee Sinsuat, who assumed the post in October 2022 by virtue of RA 11550 which states that the elected vice governor of Maguindanao shall become the acting governor of Maguindanao del Norte. On the other hand, Abdulraof Macacua was appointed by President Ferdinand Marcos Jr. as officer-in-charge (OIC) of the new province in April 2023.
But in June this year, the Supreme Court ruled that Sinsuat validly assumed the gubernatorial position in accordance with the law, which means that she legally holds the post until regular elections are held in May 2025. However, Malacañang has not withdrawn the appointment of Macacua as OIC, thus causing confusion among their constituents as to who is the rightful leader of Maguindanao del Norte.
The Supreme Court’s decision is in line with the advocacies of the BARMM Governors’ Caucus promoting the rule of law, inclusive governance, and regional development. It also reinforces democratic principles and values that are crucial for stable, accountable governance while demonstrating a coherent, unified approach to achieving the goals of peace and equitable resource distribution that are paramount to the region’s progress and stability.
It may be noted that Macacua is a leader of the Moro Islamic Liberation Front (MILF) who served as commander of the Bangsamoro Islamic Armed Forces, the MILF’s military wing which maintains its main camp in Maguindanao del Norte. Has the division of the original province into two not only divided its resources but also sparked an uncontrollable conflict?
TEST CASE FOR GOOD GOVERNANCE
Meanwhile, another crisis is brewing in the Bicol Region, particularly in the province of Camarines Sur – where citizens are outraged at the illegal quarrying activities in the town of San Fernando allegedly involving Mayor Fermin Mabulo and five barangay chairmen by commission and omission.
Three enforcers of Task Force Sagip Kalikasan have filed criminal and administrative charges against the six officials before the Office of the Ombudsman for quarrying despite a government ban and not having a permit from the Mines and Geosciences Bureau (MGB) of the Department of Environment and Natural Resources (DENR). Their accusations include violations of RA 7492 for extraction of minerals without any license from the MGB, and of RA 3019 for illegal use of public property or technical malversation.
This issue of rampant illegal quarrying has repeatedly been raised by the town’s councilors in their Sangguniang Bayan sessions, while both the DENR and the provincial government have issued cease-and-desist orders, but nothing has happened to these complaints and orders. They alleged that around P544 million worth of minerals have been extracted by Mabulo without paying an estimated P54.4 million in taxes.
Law-abiding residents of Camarines Sur are hoping for quick action by the Ombudsman in the same manner that the anti-graft body acted swiftly in recent months against local officials in the province of Pampanga. They point to the case of Mexico Mayor Teddy Tumang and three of his subordinates whose dismissal and permanent disqualification from public service were ordered by the Ombudsman owing to their irregular purchase of P32.9 million worth of construction materials for the municipality.
Another case being cited is that of San Simon Mayor Abundio Punsalan Jr., his vice mayor, and six councilors who were suspended by Ombudsman Samuel Martirez for six months without pay due to their reclassification of a parcel of agricultural land into industrial and commercial use.
Good governance is the hallmark of a stable republic and a dynamic economy – and we should expect no less from all our national and local officials, whether elected or appointed.
*** The author is the chief finance officer of Asian Center for Legal Excellence and vice-chair of the FINEX Ethics Committee. The opinion expressed herein does not necessarily reflect the views of these institutions and The Manila Times. #FinexPhils www.finex.org.ph