MARIA Belen “Mabel” Acosta remains skeptical as she officially steps down as the Chairperson of the Mindanao Development Authority (MinDA), two years after being appointed as the eighth leader of the government agency by former President Rodrigo Roa Duterte.
The second Mindanaoan female chair expressed confusion as she gracefully exited during the general staff meeting on Wednesday afternoon, May 22, 2024.
“Perhaps this is the first time we may serve the Philippines where a cabinet position that is not vacant and already occupied was assigned to another person. This resulted in two appointees for one position. Honestly, I had the biggest shock of my life. It felt like my heart stopped beating for a few moments," she said, mentioning that she has yet to receive any official communication from the Office of the President.
Acosta has experienced sleepless nights and considerable stress due to the uncomfortable situation. The embarrassment and humiliation are unbearable for her. She is puzzled by the decision to schedule another appointment for her current position and continually questions what she might have done wrong to deserve such disrespect, as she can't recall any wrongdoing.
Not vacant
Acosta clarified that she has no pending civil or criminal charges or legal cases. According to Republic Act Section 7, she is to serve a term of six years from the date of her appointment, unless removed for cause.
The former six-term councilor and media practitioner was recognized by various agencies and organizations for good governance and exemplary public service. She pledged to "continue diligently and consistently performing her mandate with regularity and strong commitment for the integrated development of Mindanao" as the Philippine Signing Minister for the Brunei Darussalam–Indonesia–Malaysia–Philippines East Asean Growth Area (BIMP-Eaga).
New appointee
On May 13, President Ferdinand “Bongbong” Marcos appointed Leo Tereso Magno, Secretary of the Office of the Presidential Assistant for Eastern Mindanao (Opamine), as the newest chair of the agency. Newsline Philippines, based in Davao City, also shared a copy of his official appointment paper signed by the president on the same day.
MinDA, established through Republic Act (RA) 9996 or the Mindanao Development Authority Act of 2010, is tasked with promoting, coordinating, and facilitating the active participation of all sectors in the socioeconomic development of Mindanao.
The MinDA chair, a Cabinet member appointed by the President, also serves as the chair's ex officio representative on the boards of the Tourism Infrastructure and Enterprise Zone Authority and the National Economic Development Authority, as well as the Philippine Senior Official for BIMP-Eaga.
No statement
As of press time, Magno has not issued any statement regarding his appointment. However, several officials and politicians closest to him have extended their congratulations.
Davao de Oro Vice Governor Jayvee Tyron Uy expressed his excitement for the future, stating, "With your leadership, Mindanao will surely rise in developments and investment programs."
Similarly, his father, Arturo "Papa Gov" Uy, expressed his support, saying, "We are certain that you will lead Mindanao's development and investment efforts with all your heart and might for the continued prosperity of the people."
Legal action
Despite the situation, Acosta is determined to pursue legal action following the unexpected termination of her supposed six-year tenure in MinDA.
She underscored the importance of protecting the agency's image during her time as the executive, stating, "Now I am constrained to seek legal remedy so as not to hinder the regular operations of this office. There are bills to attend to. Financial obligations to be set aside.Salaries to be paid. Decisions to be made. Plans, programs, projects, and policies to be crafted or implemented. Items to be procured."
Officially terminated
Executive Secretary Lucas Bersamin, in a letter dated May 22, 2024, addressed to Acosta, stated that she has been "terminated" from her role as MinDA Secretary and Chairperson effective May 21. Bersamin emphasized that the appointment of Magno as MinDA chair "was effective and valid."
This statement from Bersamin comes in response to Acosta's denial, issued on May 20, regarding reports of her position being "officially vacant," citing Section 7 of RA 9996.
Bersamin clarified, "By that event, your term of office was terminated for cause due to the loss of trust and confidence in you on the part of the appointing power," referencing the case of De Los Santos vs. Mallare, where the Supreme Court highlighted that the term "confidence" extends beyond mere aptitude, emphasizing the importance of close intimacy and trust.
Drawing from the case of De Los Santos vs. Mallare, where the Supreme Court emphasized the significance of "close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgiving of betrayals of personal trust or confidential matters of state," Bersamin elaborated on the nature of trust involved in such appointments.
He continued, referencing the Piñero v. Hechanova case, stating, "The determination of whether an office or position is primarily confidential or policy determining is initially vested in the appointing power; the nature of the office or position, not the characterization by the Congress of the office or position as one that is primarily confidential or policy determining, is controlling."
Bersamin concluded, affirming the President's authority, "Given the nature of the position of Chairman of the Mindanao Development Authority as primarily confidential and policy determining, the President [Marcos] as the appointing power validly and effectively removed you for cause due to loss of his trust and confidence in you." DEF/RGL
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