Ma. Belen Sunga-Acosta. MindaNews file photo by CAROLYN O. ARGUILLAS
DAVAO CITY (MindaNews / 04 June) – The Regional Trial Court (RTC) Branch 15 here reprimanded on Tuesday Maria Belen Acosta, who is contesting her removal as chairperson of the Mindanao Development Authority (MinDA), and her counsel, Israelito Torreon, for claiming that the dismissal of her quo warranto petition had been reversed.
RTC Branch 15 Presiding Judge Mario C. Duaves issued Acosta and Torreon a “Show Cause Order” dated June 4, directing them to submit within 10 days from receipt of the order a “written explanation under oath and show cause why you will not be cited in contempt.”
The trial court judge said that Acosta’s official statement on Monday “contains extremely incorrect facts that corrupted the true nature and substance of the Court issued orders and processes by declaring among others that the dismissal order of your quo warranto petition was ‘reversed’ and your motion for reconsideration on that matter was ‘granted’ by this Court.”
“In so doing, you have caused unnecessary confusion to the public amounting to an improper conduct tending to degrade the administration of justice and judicial processes of this Court,” he said.
In her statement, Acosta claimed that the trial court reversed the dismissal of the quo warranto petition that she filed against, Leo Tereso S. Magno, who was appointed by President Ferdinand Marcos Jr. as MinDA chair last month.
The quo warrant petition was filed by Acosta last May 24, but it was dismissed by the trial court on May 27.
Acosta also claimed that Magno’s camp has been ordered to “respond in 15 days.”
A quo warranto (Latin for “by what warrant or authority?”) is a legal procedure used to challenge an individual’s right to or authority over the position he or she holds.
Acosta maintained that her position as MinDA chairperson is not co-terminus with the term of office of former President Rodrigo R. Duterte, who appointed her.
She said Republic Act (R.A.) 9996, the law creating MinDA, has fixed the term of its chairperson for six years from appointment, and may be removed only for cause.
“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, neither a position of trust as its mandate is clearly defined in RA 9996, and presently occupied,” she said.
Acosta noted that Malacañang did not notify her about Magno’s appointment and that “due process” was not observed as there was no clear “cause” to remove her from office.
She said she would continue to perform “her duties with regularity so as not to hinder the day-to-day operations of the office” while the case is pending.
“Let not the prevailing laws of the land be undermined and set aside. Let the ideals of good governance manifest and the principles of democracy be safeguarded at all times,” she said.
In his directive, Duaves ordered Acosta to take down the statements on her social media and online platforms, as well as cause its removal from all media outlets.
He warned that non-compliance with the directives will constrain the court to impose severe penalties. (Antonio L. Colina IV /MindaNews)