A DAVAO court has urged the embattled Mindanao Development Authority (MinDA) chair, Secretary Maria Belen “Mabel” Acosta to remove her “official statement” posted on her social media, claiming that her quo warranto petition was reversed after the regional trial court dismissed it.
The court order, which was furnished to Sunstar Davao also clarified that her post was misleading and “extremely incorrect”.
In a one-page show cause order released dated June 4, 2024, the Regional Trial Court (RTC) Branch 15 signed by Presiding Judge Mario Duaves explained that Acosta’s letter contained false information which diminishes the overall fair judgment of the court in general.
“In doing so, you have caused unnecessary confusion to the public amounting to improper conduct tending to degrade the administration of justice and judicial processes of this Court,” the court order stated.
The court order also gave Acosta a specific timeline to provide her written explanation as to why she will not be cited in contempt and not be meted with “severe penalties as required by the Constitution.”
“Wherefore, as herein respondents, you are directed to submit within ten (10) days from receipt hereof, your written explanation under oath and show cause why you will not be cited in contempt. Within the same period, you are likewise ordered to take down such pretentious "Official Statement" in your social media and similar online platforms and or cause it to be removed from all media outlets,” the court order maintained.
On the evening of June 3, Acosta announced that the Regional Trial Court granted her Motion for Reconsideration, reversing the case against the new appointee, Leo Tereso Magno, and ordered his camp to respond within 15 days.
“This is the curious case of Mindanao Development Authority having two appointed Secretaries for one and the same position. The post is not vacant, not co-terminus, neither a position of trust as its mandate is clearly defined in RA 9996, and presently occupied. Yet, another person was appointed with no prior formal notification from Malacañang. Due process was not followed, and no clear “cause” was established,” she said in her letter.
Despite the explanation briefly provided by Executive Secretary Lucas Bersamin, last May 22, he cited that Acosta’s termination was due to the loss of trust and confidence and her argument for holding the office was "utterly untenable for being contrary to existing laws and relevant jurisprudence."
Bersamin added that President Ferdinand “Bongbong” Marcos Jr. has the power to change or decide any officials to hold government positions.
However, Acosta argued that the present administration misunderstood what was stated in the Republic Act (RA) 9996 or the MinDA Act of 2010 which expressly states in Section 7, that “he/she shall serve a term of six years upon appointment, unless removed for cause.”
She added that the decision was unjustified as she did not have any administrative charges or any pending cases.
Currently, Acosta assured that she will still perform her duties with regularity and continues to be the highest leader for the day-to-day operations of the office.
On May 27, a court order, still signed by Duaves dismissed the quo warranto case against Magno, who took his oath of office on May 21.
“The petition must be dismissed not only on the ground that it is an improper remedy as it is not anchored on respondent’s [Magno] qualification but more so on the premise that it is a challenge against an act of President who is immune from suit, even without him invoking the privilege,” the court order stated. DEF