MANILA – The Supreme Court (SC) on Wednesday said it has dismissed the case filed Bai Fatima Ainee L. Sinsuat and ordered her to show cause within 10 days from notice why she should not be cited in contempt for failing to inform the tribunal that she had already assumed office as vice governor of the newly formed Province of Maguindanao del Norte.
Sinsuat, who has claimed to represent the new province as its acting governor, earlier asked the SC to order the concerned agencies to process the appointment of any qualified person designated by Sinsuat as treasurer of Maguindanao del Norte..
On June 26, 2023, the Court issued a decision granting Sinsuat’s petition.
In determining whether a judicial order may be issued, the Court affirmed the clear legal right of Maguindanao del Norte, represented by Sinsuat as Acting Governor, to recommend the appointment of its provincial treasurer.
The Court’s Second Division, through Associate Justice Amy C. Lazaro-Javier, reversed its decision dated June 26, 2023 and dismissed Sinsuat’s petition for mandamus for being moot.
The tribunal noted that Sinsuat failed to inform the Court that she had accepted her designation as vice governor following President Ferdinand R. Marcos Jr.'s appointment of Governor Adulraof Macacua.
"Emphasizing that the factual circumstances under which the Court issued its (SC) assailed June 26, 2023 decision (in favor of SInsuat) are drastically different from the present state of things as revealed by the parties, the Court ruled that Sinsuat is deemed to have abandoned her claim to the position of Governor of Maguindanao del Norte when she accepted her appointment, took her oath, and assumed office as Vice Governor of Maguindanao del Norte," the SC said.
The Court said it took note of Sinsuat’s acts which showed her intention to abandon (her claim to the position) and said it found that Sinsuat never expressed any objection when the President appointed Macacua as OIC Governor of Maguindanao del Norte on April 4, 2023, or when he assumed office as such and that she ceased to discharge the functions of Governor of the province from the time Macacua assumed office.”
The Court also ruled that Sinsuat accepted her appointment as Vice Governor "knowing full well that by doing so, she could not simultaneously serve as Governor."
Sinsuat took her oath of office as vice governor on April 28, 2023 before the President and has since assumed the office and discharged the duties and functions of vice governor of Maguindanao del Norte.
Since Sinsuat abandoned her claim to the position of Governor of Maguindanao del Norte, the Court ruled that the issues raised in the petition for the appointment of a provincial treasurer have been rendered moot, and Sinsuat’s authority to represent the Province of Maguindanao del Norte had ceased, warranting the dismissal of the case.
In requiring Sinsuat to answer the contempt raps, the Court, said that while it "takes judicial notice of the official acts of the President" such as appointing Sinsuat, "the parties should have at least informed the Court of the supervening events which significantly altered the possible outcome of the case."
The Court said Sinsuat’s silence and omissions appear to constitute intentional concealment which tends to disrespect the Court’s authority as final dispenser of justice.
It said not only did Sinsuat failed to apprise the Court that she already accepted her appointment as Vice Governor of Maguindanao del Norte, she also conveniently omitted to mention this important fact in her Motion for Indirect Contempt.
“Her actions tend to cripple the Court’s authority to render and informed and just resolution of the case,” the Court said. (PNA)
