THE Regional Trial Court (RTC-Branch 11) has denied the motion for reconsideration on the quo warranto petition filed by the embattled Mindanao Development Authority (MinDA) chair, Maria Mabel ‘Belen’ S. Acosta, in May 2024 against the current MinDA chai, Leo Tereso Magno.
In an 18-page decision released on July 11, RTC-Branch 11 Judge Nanette Gustilo Lemana stated that Acosta's lawsuit was dismissed for lack of cause of action as she was unable to demonstrate a clear claim to the contested office.
Acosta's claim of security of tenure was rejected by Judge Lemana stating that her six-year appointment as MinDA chair did not ensure her continued appointment.
Lemana also cited a US Supreme Court decision that applies similar concepts in explaining that the MinDA chairperson occupies a position akin to a Cabinet level, which is a non-career service function and serves at the President's discretion.
The decision also disclosed that Acosta argued that: (1) quo warranto is the proper remedy to question the appointment of respondent to the position already occupied by petitioner, and (2) the doctrine on presidential immunity from suit is not applicable in this case because the president is not impleaded as respondent in the petition.
However, Magno remained in the position, reiterating that the ex-leader “has no clear and indubitable right to the Office of the Mindanao Development Authority (MinDA) Chairperson.”
On June 3, Acosta announced on her social media page that the regional court granted her Motion for Reconsideration, reversing the case against the new appointee.
“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, nor 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.
However, the RTC-Branch 15 immediately released a one-page show-cause order dated June 4, signed by Presiding Judge Mario Duaves that Acosta’s letter contained false information which further degrades the judicial process of the court.
Pursuant to the Republic Act (RA) 9996 or the MinDA Act of 2010 which expressly states in Section 7, President Ferdinand “Bongbong” Marcos Jr. has the power to appoint any officials to hold government positions.
“The MinDA Chairperson shall be appointed by the President of the Philippines with a Cabinet rank and shall act as the Head of office. He/She shall serve a term of six (6) years from the date of his/her appointment unless removed for cause,” the law stated.
Acosta’s termination was due to the loss of trust and confidence and such ground for removal is considered a removal for cause. DEF