THE Regional Trial Court (RTC) Branch 15 in Davao City recognizes the appointment of Leo Tereso A. Magno as Mindanao Development Authority (MinDA) chair but the former chair, Mabel Sunga Acosta, is not giving up her legal battle as she will be filing a motion for consideration.
The court said the quo warranto petition filed by Acosta against Magno was an improper remedy, thus dismissing her petition.
RTC Branch 15 Judge Mario Duaves penned that the nature and purpose of a quo warranto as a legal remedy contemplated under Rule 66 of the Rules of Court is to “remove” a person from office on the grounds of ineligibility or disqualification.
“In the overall contentions, the same is wanting. It is apparent that the core issue boils down on the validity of the act of the president in issuing an appointment in favor of the respondent that by all intent and purposes expressly removed herein petitioner as chairperson of MinDA,” the court said.
The court then cited the case of Esmero vs Duterte, (G.R. No. 256288. June 29,2021), wherein the Supreme Court en banc ruled that “the President is immune from suit during his incumbency”.
“Undoubtedly, this 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 the President who is immune from suit, even without him invoking the privilege,” the court ruled.
The dismissal of the quo warranto petition was dated May 27, 2024.
The embattled official was already informed of the court decision but has opted to remain in the MinDA chair office on the 14th floor of the Pryce Tower Building as of writing.
Acosta confirmed to SunStar Davao on Thursday afternoon, May 30, that she will be filing a motion for consideration on the same day.
The former Davao City councilor remains firm about her decision not to step down from office despite the letter issued by the Office of the President, signed by Executive Secretary Lucas Bersamin, that she is immediately terminated from her position due to loss of trust and confidence of President Ferdinand "Bongbong" Marcos Jr.
Acosta was appointed in 2022 by former President Rodrigo Duterte, who also recently exchanged words against Marcos, whom the former called a drug addict due to his alleged involvement in drugs.
Davao City Mayor Sebastian “Baste” Duterte condemns the abrupt removal of Acosta as MinDA chairperson, criticizing the decision by the Malacañang Palace as “groundless and unfair”. Baste and Acosta had previously worked together during the 19th City Council when the latter was still a vice mayor.
The 20th City Council, meanwhile, approved the resolution supporting the mayor's official statement on Acosta's “unjustified termination" on Tuesday, May 28.
Acosta stressed that the Republic Act (RA) No. 9996, also known as the MinDA Act of 2010, stipulated under section 7 that the president would appoint the chairperson and shall have a six-year term from the date of their appointment unless removed for a cause. RGL