DAVAO CITY (MindaNews / 30 May)—The Regional Trial Court Branch 15 of Davao City has dismissed the quo warranto petition filed by ousted Mindanao Development Authority (MinDA) Secretary Maria Belen “Mabel” Sunga-Acosta against her successor, Leo Tereso Magno.

In a two-page decision dated May 27 but released on Thursday, RTC Branch 15 Presiding Judge Mario C. Duaves dismissed the quo warranto case on the ground that it was an “improper remedy” as it was not anchored on the qualification of Magno.

In addition, the judge said that President Ferdinand Marcos Jr.

, as the appointing authority, is immune from suit.

“The 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 President who is immune from suit, even without him invoking the privilege,” Duaves said.

The trial court judge pointed out that the petition filed by Acosta last May 24 was to prevent Magno from taking over the chairmanship position of MinDA, but said that the nature and purpose of quo warranto as a legal remedy is “to remove a person from office on the ground of ineligibility or disqualification.”

Magno, appointed by the President on May 13, took his oath of office on May 21.

Duaves said that the “core issue boils down on the validity” of the appointing power of President Marcos Jr. and his act of removing Acosta.

Citing the Supreme Court’s landmark decision in Esmero vs Duterte, the Court held that the President is “immune from suit during his incumbency, regardless of the nature of the suit filed against him.”

In a press conference via her Facebook page Friday last week, Acosta maintained that the position of MinDA Chair is not vacant and her replacement is not warranted because her term of office is fixed for six years from the time of her appointment by then President Rodrigo R. Duterte on January 13, 2022.

She said Malacañang did not inform her about Magno’s appointment.

Acosta said she does not question the authority of Marcos to appoint officials but maintained that she has a fixed term as the chair of MinDA and may only be removed for cause under Republic Act 9996, the law that created the office.

She added that there is no cause for her removal as she does not have “any pending civil, administrative, or criminal case before proper courts.”

“I am not convicted of any crime. There is no prerequisite cause, I have not received even a single memo about any misconduct,” Acosta said.

Controverting the position of Executive Secretary Lucas Bersamin, Acosta said that the position is not a position of trust “in a sense that I do not keep confidential information to warrant such” and that she was never called to “a single regular cabinet meeting,” except for special meetings in Malacañang to represent the office.

She said the mandate of MinDA under Section 3 is to “promote, coordinate and facilitate the active and extensive participation of all sectors to effect the socioeconomic development of Mindanao.

” (Antonio L. Colina IV / MindaNews)