Who should lead the Maguindanao provinces?

Since taking up the cudgels for 19 out of 58 individuals who lost their lives in the egregious extra-legal massacre in Ampatuan, Maguindanao in 2009, I have closely followed the political scene of the province before and post its division. The masterminds and their accomplices have appealed their 2019 murder conviction; hence I continue to provide assistance and support to the surviving families of the slain newsmen.

My last visit to Maguindanao was in November, wherein I distributed relief goods to Maguindanaons who were victims of Typhoon Paeng. Over the years, I have become familiar with local political clans such as the Mangudadatus and the Sinsuats.

Charter of the Maguindanao provinces

In 2021, former president Rodrigo Duterte signed Republic Act No. 11550, which divided Maguindanao into two distinct and independent provinces: Maguindanao del Norte and del Sur. As stipulated in the transitory provisions, a plebiscite should be conducted within 90 days from the effectivity of the act. To be able to choose officials who will govern the two provinces, the local electorate should ratify RA 11550 before the May 2022 elections.

Article 9, Section 50 states: “(a) The elective officials of the newly-created provinces shall be elected on the second Monday of May 2022 national and local elections: Provided, however, That is this Act is approved and ratified within six (6) months or more before the 2022 national and local elections, the vice governor and the next ranking elective member of the Sangguniang Panlalawigan of the present Province of Maguindanao, who are residents of the new Maguindanao del Norte, shall assume as its acting governor and acting vice governor, respectively, and both shall continue to serve in office until their successors shall have been elected and qualified in the 2022 national and local elections.”

To be clear, the Commission on Elections issued Resolution No. 10716, which suspended the plebiscite that would have ratified the existence of the two Maguindanao provinces. The poll body rescheduled it within four months after the May 2022 elections.

Bai Mariam Mangudadatu and Bai Ainee Sinsuat won convincingly as governor and vice-governor of Maguindanao, respectively. The Maguindanaons approved the law in September. Mangundadatu assumed the governorship of Maguindanao del Sur. According to Section 50 (d) of the act, the incumbent governor of Maguindanao remains the provincial head of the new Maguindanao del Sur province. In October, Sinsuat was designated as acting governor of the other province.

Early this month, President Marcos Jr. named my kumpare Abdulraof A. Macacua as OIC of Maguindanao del Norte. Macacua replaced Sinsuat, who was relegated to acting vice governor. Let me be clear that I have nothing personal against the former Bangsamoro Transition Authority senior minister. I am looking at the issue from a legal standpoint.

I also completely understand why the camps of both Mangudadatu and Sinsuat have questioned Macacua’s appointment and have asked PBBM to reconsider his decision. There is a possibility that these elected officials will elevate the issue before the Supreme Court.

General law on corporate existence

I see where the legal dispute arising from the presidential appointment of the OICs stems from.

Initially, I thought the special law vests the President with the power to appoint OICs. In the case of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) Organic Law, the President is given the authority to appoint 80 members of the Bangsamoro Transition Authority, which will have legislative powers and an interim Chief Minister, who will exercise executive authority.

On the other hand, RA 11550 is not very explicit on who shall assume the position of governor and vice governor in both provinces (a) if and when the plebiscite fails to take place according to the prescribed time frame and (b) when there are no elected officials specifically and separately for the two political territories. What is only clear is that the President can appoint members of the Sangguniang Panlalawigan from among qualified residents of Maguindanao del Norte, according to Section 50 (b).

The Local Government Code of 1991, however, contains a specific provision regarding the beginning of corporate existence. In my view, this general law should apply in the case of the Maguindanao provinces.

Section 14 states: “When a new local government unit is created, its corporate existence shall commence upon the election and qualification of its chief executive and a majority of the members of its Sanggunian, unless some other time is fixed therefor by the law or ordinance creating it.”

As I see it, Maguindanao del Norte and del Sur have yet to exist as corporate entities that can represent the inhabitants of their territory. Who should rightfully lead both provinces in the interim? Of course, those duly elected officials like Mangudadatu and Sinsuat who have the overwhelming mandate of the Maguindanaons. The local people put them into power; why should they be designated only as OICs?

The executive department should have maintained the status quo in the Maguindanao provinces. The supposed rationale for the leadership change in Maguindanao del Norte is to resolve the confusion in the provincial chain of command.  I do not think it is heading that way. The decision might even breed distrust and dissatisfaction with the national government among the supporters of Mangudadatu and Sinsuat.

I hope the President and his legal team will thoroughly and expeditiously review the case and rethink their position. PBBM can always rely on the sage advice of former Senate president Juan Ponce Enrile and former Chief Justice Lucas Bersamin, two of the best legal minds in Philippine history. This is to prevent an unnecessary legal battle before the High Court at the expense of the people of Maguindanao del Norte and del Sur.