J. Albert Gamboa l September 26, 2023 l Manila Bulletin
CAGAYAN DE ORO CITY – Five provincial governors belonging to the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) launched the BARMM Governors’ Caucus (BGC) here last June to cultivate a harmonious region governed by the rule of law as well as the principles of lasting peace and order. The BGC will serve as a platform to promote the resolution of issues identified by BARMM constituents as critical and in need of immediate action.
Present during the BGC launch were the governors of Lanao del Sur, Basilan, Sulu, Tawi-Tawi, and Maguindanao del Sur (MagSur). The sixth BARMM province, Maguindanao del Norte (MagNorte), was not represented at the event due to the issue of who is the real governor of MagNorte.
In October 2022, the old province of Maguindanao was split into MagNorte and MagSur as a result of a plebiscite held in accordance with Republic Act 11550. Under that law, the elected Vice Governor of Maguindanao, Fatima Ainee Sinsuat, would serve as Acting Governor of MagNorte until the next local elections in 2025.
But in April this year, President Ferdinand Marcos Jr. appointed Moro Islamic Liberation Front (MILF) leader Abdulraof Macacua as officer-in-charge of MagNorte and made him the permanent governor on the same month. However, the Supreme Court decided last June that Sinsuat validly assumed office as governor of MagNorte in an acting capacity until elections shall have been held for the permanent officials of the province.
As an advocate for the rule of law, the BGC supports the Supreme Court’s decision and recognizes Sinsuat as the rightful holder of the gubernatorial seat. However, BARMM Attorney General Sha Elijah Dumama-Alba advised the region’s interior ministry to maintain the status quo unless the Supreme Court voids Marcos’ appointment of MILF military chief Macacua as governor.
Meanwhile, Malaysian investors and government officials have committed to help the BARMM in improving its halal industry and Islamic banking sector. This was announced by Marcos after his state visit to Kuala Lumpur last July. But with the confusion resulting from its having two governors, MagNorte might miss out on these new investments that are crucial in boosting the economy of the newly-created province.
The leadership issue must be resolved soon, otherwise it can lead to a constitutional crisis pitting the executive branch against the judiciary. For the BARMM to succeed and prosper, the rule of law must prevail.
OMBUDSMAN’S BOLD MOVES
Over in Luzon, the Office of the Ombudsman (OMB) has shown more decisiveness and independence in the past few months regarding irregularities that involve government officials. In quick succession, the OMB has filed cases against former procurement officers of the Department of Budget and Management along with the executives of Pharmally Pharmaceutical Corp.; suspended without pay the head of the National Irrigation Administration; and reprimanded two ex-spokespersons of the National Task Force to End Local Communist Armed Conflict for red-tagging a lawyer’s group.
On the local front, the government’s chief graft buster dismissed the municipal mayor of Mexico, Pampanga for irregular purchases. In the nearby municipality of San Simon, seven top elected officials – including the mayor and the vice mayor – have been suspended for neglect of duty and misconduct in a ruling penned by Ombudsman Samuel Martires himself.
A case of illegal quarrying in the town of San Fernando, Camarines Sur (CamSur) is still pending, though, with the Office of the Ombudsman for Luzon. The joint complaint of Task Force Sagip Kalikasan enforcers was filed against Mayor Fermin Mabulo and several barangay captains alleging P544 million worth of quarried minerals sans a permit from the Mines and Geosciences Bureau (MGB) or the provincial government.
Illegal quarrying in San Fernando was first reported to the Office of the President in 2021, and the MGB issued an order directing their cessation in the affected barangays. But the enforcers alleged that extraction activities have continued in spite of the ban. As of September 23, none of those charged could be contacted for their comments. If required by the OMB, their counter-affidavits will be given space once they are officially filed.
CamSur’s concerned citizens have expressed their hope that the country’s main anti-graft agency will also act speedily and decisively, similar to its swift action on the cases in Pampanga as well as on the national level. They believe that good governance is the key to generating more investments in the Philippines, and its cornerstone is adherence to the rule of law.
*** J. Albert Gamboa is a Life Member of the Financial Executives Institute of the Philippines (FINEX) and Vice-Chair of the FINEX Ethics Committee. The opinion expressed herein does not necessarily reflect the views of these institutions and the Manila Bulletin. #FinexPhils www.finex.org.ph