DAVAO CITY (MindaNews / 24 May) — Mabel Sunga-Acosta, Chair of Mindanao Development Authority (MinDA) who was replaced by Leo Tereso Magno, has filed a quo warranto petition before the Regional Trial Court in Davao City.
In a press conference via her Facebook page Friday, Acosta maintained 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.
Magno, who was appointed by President Ferdinand Marcos Jr. on May 13, took his oath on May 21.
A quo warranto, according to the Supreme Court, is the “proper legal remedy to determine a person’s right or title to a public office and to oust the holder from its enjoyment.”
“At the moment, there are two MinDA secretaries. Why two? Because the post is not vacant. I am still here. How can you replace me if I am still here working),” she said in mixed English and Filipino.
She said Malacañang did not inform her about Magno’s appointment.
Before she learned about the appointment, she recalled that Magno called her while she was in Manila last week but did not say what he wanted to discuss with her over the phone.
“What is happening now is an attack on my dignity as a person and as a public servant. I have dedicated 20 of the best years of my life to public service – 18 years I have served Davao City as an elected councilor and two years and four months and up to this point as the incumbent chair of MinDA,” she said.
“That I feel so offended and so oppressed is an understatement,” she said.
She said Magno’s acceptance of the position was not done in good faith.
“I asked myself, what did I do wrong? What did I do to deserve such disrespect? I do not recall having done anything wrong in the conduct of my duties,” she said.
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,” she 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 Malcañang 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.”
She believed she discharged her functions “diligently to the best of my ability.”
“Honestly, I had the biggest shock of my life. It felt literally like my heart stopped beating for a few moments. May ganun pala talaga (There is really such a thing). I have had sleepless nights and an upset stomach due to overwhelming stress, I cannot bear the embarrassment and humiliation. I could not fathom why there is another appointment for the same post that I am currently holding,” she said.
In a letter dated May 22 addressed to Acosta, Bersamin, said Acosta’s declaration that the post of MinDA Chair is not officially vacant is “utterly untenable for being contrary to existing laws and jurisprudence.”
Bersamin said the position is “primarily confidential and policy-determining in nature.” (Antonio L. Colina IV/MindaNews)
