327 Cases Penned by Associate Justice Amy Lazaro-Javier: 2025 Bar Examination
Did an elected official's acceptance of an appointment to
a different office constitute abandonment of her claim to the governorship of a
newly created province, leading to the mootness of her petition to compel the
appointment of a provincial treasurer?
Facts:
The case arose from the implementation of Republic Act
No. 11550, which divided the province of Maguindanao into two separate
provinces: Maguindanao del Norte and Maguindanao del Sur. This division was
contingent upon the ratification of the law in a plebiscite. The plebiscite was
conducted on September 17, 2022, and resulted in the creation of both
provinces. Following the plebiscite, Fatima Ainee L. Sinsuat, the elected Vice
Governor of the then-undivided Maguindanao, assumed the position of Acting
Governor of Maguindanao del Norte as mandated by the transitory provisions of
the law.
On December 20, 2022, Sinsuat requested the Bureau of
Local Government Finance (BLGF) Regional Office No. XII to designate
Badorie M. Alonzo as the Provincial Treasurer of Maguindanao del Norte. The
BLGF Regional Office, however, sought guidance from its Central Office,
questioning whether Sinsuat had the legal authority to recommend such
appointments, given that the plebiscite had occurred after the 2022 National
and Local Elections.
In April 2023, President Ferdinand Marcos Jr. appointed
Abdulraof Abdul Macacua as Officer-in-Charge (OIC) Governor of Maguindanao del
Norte, and Sinsuat as Vice Governor. Subsequently, Macacua took his oath as
Governor, and a Writ of Preliminary Mandatory Injunction was issued by the
Court ordering the BLGF to process the designation of Alonzo as Provincial
Treasurer.
Sinsuat, however, filed a Petition for Mandamus,
seeking to compel the BLGF to process the designation of her recommended
Provincial Treasurer. Meanwhile, the BLGF raised concerns that Sinsuat's
assumption as Vice Governor meant she abandoned her claim to the governorship,
rendering her petition moot.
Primary Issue in the Supreme Court:
Did Sinsuat abandon her claim to the governorship of
Maguindanao del Norte by accepting the appointment as Vice Governor, and was
her petition for mandamus to compel the appointment of the provincial treasurer
moot?
Supreme Court Decision:
The Supreme Court ruled in favor of the respondents,
granting the Omnibus Motion of the Office of the Solicitor General and the
Motion for Reconsideration filed by the Ministry of the Interior and Local
Government (MILG). It reversed its earlier decision, holding that Sinsuat’s
acceptance of her appointment as Vice Governor of Maguindanao del Norte
constituted an abandonment of her claim to the governorship. As a result, the
issues raised in her petition for mandamus were rendered moot. The Court ruled that
there was no longer any legal basis for the mandamus petition as Sinsuat had
relinquished her authority to recommend the appointment of a provincial
treasurer.
The Court further dissolved the previously issued Writ of
Preliminary Mandatory Injunction and dismissed the petition for mandamus for
being moot. Additionally, the Court denied the petitioner's motion for indirect
contempt and ordered Sinsuat to show cause why she should not be cited in
contempt for failing to inform the Court of her acceptance and assumption of
the Vice Governorship.
Dispositive Portion:
"The Court's Decision dated June 26, 2023, is REVERSED
and the Petition for Mandamus is DISMISSED for being moot. The Writ of Mandamus
and Writ of Preliminary Mandatory Injunction earlier issued are DISSOLVED.
Petitioner province of Maguindanao del Norte's Motion for Indirect Contempt is
likewise DENIED for lack of merit. Bai Fatima Ainee L. Sinsuat is ORDERED to
SHOW CAUSE within 10 days from notice why she should not be cited in contempt
for her failure to promptly inform the Court of her appointment, oath taking,
and assumption as Vice Governor of the province of Maguindanao del Norte."
Does the acceptance of a new appointment inherently imply
the abandonment of previously held claims or positions, even without explicit
resignation or withdrawal?
Important Doctrines:
- Abandonment
of Office: The Court emphasized that the acceptance of another public
office with inconsistent duties can constitute abandonment of the former
office, as seen in Sinsuat's assumption of the Vice Governorship.
- Mootness
Doctrine: The Court reaffirmed that cases rendered moot by supervening
events, such as an official accepting another office, generally preclude
judicial intervention unless exceptions like grave constitutional
violations are present.
- Mandamus
Requirements: For mandamus to issue, there must be a clear legal right
to the act demanded. The Court ruled that Sinsuat no longer had such a
right after abandoning her claim to the governorship.
Classification: Political Law
From <https://chatgpt.com/c/66f0173c-d0f4-800a-92c7-aedc7562efa2>
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🎓 Welcome, future lawyers
and legal professionals! In this video, we explore a compelling Supreme Court
decision that examines the limits of public office, the doctrine of
abandonment, and the rules on mandamus. This content aims to help law
students and bar examinees recall and understand the essential doctrines
from a recent jurisprudence.
📚 The case is Province
of Maguindanao del Norte vs. Bureau of Local Government Finance, G.R.
No. 265373, promulgated on November 13, 2023. It involves the
authority of then Acting Governor Fatima Ainee L. Sinsuat to recommend
the appointment of a provincial treasurer, and whether she abandoned her
position by accepting another office.
🔍 The core issue: Did
Sinsuat abandon her claim to the governorship by accepting her appointment as
Vice Governor?
✅ The Supreme Court ruled:
Yes. Her acceptance of the Vice Governorship was deemed an abandonment
of her claim to the Governorship. Thus, her petition for mandamus became moot,
and the writ was revoked.
💭 Should public
officials be automatically deemed to have abandoned their previous positions
when they accept a new one, even without formal resignation? Let us know
your thoughts in the comments below!
📜 10 IMPORTANT DOCTRINES
FROM THE CASE (FOR YOUTUBE SHORTS/SOCIAL MEDIA POSTS):
- Abandonment
of Office
An official abandons office by accepting another post with inconsistent duties, especially with an overt act like taking an oath. (See: Decision, p. 36) - Mandamus
Requisites
For mandamus to issue, there must be a clear legal right, a corresponding duty, and no other remedy. (Decision, p. 61) - Mootness
Doctrine
A case becomes moot when no practical relief can be given due to supervening events. (Decision, p. 49) - Exceptions
to Mootness
Grave constitutional violations, paramount public interest, or issues capable of repetition yet evading review are exceptions. (Decision, p. 51) - Effect
of Supervening Events
Acceptance of new office during pendency of case can change the rights of parties, rendering prior legal issues moot. (Decision, pp. 43–44) - Judicial
Notice of Presidential Acts
The Court takes judicial notice of the President's appointments without requiring parties to submit evidence. (Decision, p. 44) - Procedural
Requirements in Indirect Contempt
A verified petition—not a mere motion—is required to initiate indirect contempt. (Decision, p. 64) - Ministerial
vs. Discretionary Duties
Mandamus only compels ministerial acts, not those involving discretion or interpretation. (Decision, p. 61) - No
Dual Assumption of Incompatible Offices
Assuming the Vice Governorship invalidates simultaneous claims to the Governorship. (Decision, pp. 42–43) - Colorable
Right and Quo Warranto
Disputes involving who has a better claim to a public office must be resolved through a quo warranto proceeding, not mandamus. (Decision, p. 67)
❓ FREQUENTLY ASKED QUESTIONS
(FAQ):
Q1: What is abandonment of office in Philippine law?
A: It is a voluntary relinquishment of office, shown by
the intent to abandon and an overt act—like accepting another post.
Q2: Can a mandamus compel appointment of a public
officer?
A: Only if the recommending party has a clear legal right
and the duty to appoint is ministerial, not discretionary.
Q3: What happens when a case becomes moot?
A: The Court will usually dismiss it unless exceptions
apply, like issues of public interest or repeatable situations.
Q4: Why was the writ of mandamus revoked in this case?
A: Because the petitioner was found to have abandoned her
claim to the governorship, making her petition moot.
Q5: Can indirect contempt be filed by motion?
A: No. It must be filed through a verified petition,
not a mere motion. (Rule 71, Revised Rules of Court)
📌 CASE TITLE: Province
of Maguindanao del Norte v. BLGF
📌 G.R. No. 265373 –Promulgated: November 13, 2023
📢 DISCLAIMER: This is
for educational purposes only and does not guarantee legal accuracy or
infallibility. Content generated using premium AI technology. Always
refer to the official Supreme Court decision and consult licensed legal
professionals.
From <https://chatgpt.com/c/66f0173c-d0f4-800a-92c7-aedc7562efa2>
🔍 Case Overview:
📌 Case Title: Province
of Maguindanao del Norte vs. Bureau of Local Government Finance (BLGF)
📌 Parties:
Province of Maguindanao del Norte, represented by Governor Fatima Ainee L.
Sinsuat (petitioner) vs. BLGF Regional Office No. XII and others (respondents)
📌 G.R. No.: 265373
📌 Date of
Promulgation: November 13, 2023
⚖️ Brief Summary:
This case centered on whether Fatima Ainee Sinsuat, after
assuming the position of Vice Governor, effectively abandoned her prior claim
to the Governorship of Maguindanao del Norte. The issue arose from her attempt
to compel the Bureau of Local Government Finance to process her recommended
appointee for Provincial Treasurer. The Supreme Court ruled that her
assumption of the Vice Governorship was an abandonment of her claim,
rendering her petition moot, and dismissed the case.
📌 Answer key will be
provided at the end of the video. Let's begin the quiz!
🔍 QUIZZER: EASY HOTS
(Higher Order Thinking Skills) QUESTIONS
1. What legal consequence did the Supreme Court
attribute to Sinsuat’s acceptance of the Vice Governorship?
A. It confirmed her right to remain as Governor
B. It had no effect on her status as Governor
C. It amounted to abandonment of her claim to the
Governorship
D. It only suspended her authority temporarily
2. What principle governs the court’s refusal to
decide cases that have lost practical relevance?
A. Judicial economy
B. Mootness doctrine
C. Ripeness
D. Political question doctrine
3. What did the Court primarily cite as the reason
for denying the motion for indirect contempt?
A. Lack of evidence
B. Failure to comply with procedural requirements
C. The respondents were immune
D. The case had been appealed
4. What does the doctrine of abandonment require?
A. Express withdrawal and written resignation
B. Court approval and acceptance
C. Intention and an overt act indicating relinquishment
D. Prior notice and hearing
5. Why did the Supreme Court consider the petition
for mandamus no longer proper?
A. The petitioner changed her legal counsel
B. The President reversed the petition
C. The petitioner no longer had a clear legal right
D. The COMELEC nullified the plebiscite
6. What did the Court say about Sinsuat’s silence
following the President's appointment of Macacua as Governor?
A. It was irrelevant
B. It signified implied consent
C. It amounted to constructive defiance
D. It constituted estafa
7. Which event triggered the issue of abandonment in
the case?
A. Sinsuat’s resignation from office
B. Her appointment as Vice Governor and oath-taking
C. Her disqualification from elections
D. Her failure to attend sessions
8. What did the Court emphasize as necessary to file
indirect contempt charges?
A. Verified petition with supporting documents
B. Simple notice to the court
C. Motion from opposing counsel
D. Verbal declaration during hearing
9. What was the status of the writ of preliminary
mandatory injunction by the end of the case?
A. It was declared unconstitutional
B. It remained in effect
C. It was made permanent
D. It was dissolved
10. What remedy did the Court say was proper in
contesting the validity of someone’s claim to public office?
A. Habeas corpus
B. Mandamus
C. Petition for review
D. Quo warranto
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