Maguindanao leadership crises

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Maguindanao leadership crisis
Part of the transition period in Maguindanao del Norte and Maguindanao del Sur
Ph fil Maguindanao division proposal.png
Maguindanao del Norte and Maguindanao del Sur
DateOctober 13, 2022 (2022-10-13) [lower-alpha 1] – present
Location Maguindanao del Norte and Maguindanao del Sur, Philippines
TypeLeadership crisis
ThemeLegitimacy of province officials including the:
CausePostponement of the Maguindanao division plebiscite after the May 2022 Philippine national elections and the arising conflict on the provision in the charter law of Maguindanao del Norte and Maguindanao del Sur
ParticipantsClaimants to the governor position:

Maguindanao del Sur
Mariam Mangudadatu (dispute ended in April 28, 2023)

Contents

Maguindanao del Norte
Abdulraof Macacua (recognized)
Ainee Sinsuat (claimant as per province charter)

Following the creation of the Maguindanao del Norte and Maguindanao del Sur provinces in the Philippines, the interim leadership of the two provinces was uncertain since there is a legal controversy arising from postponing the relevant plebiscite to 2022.

As per the charter of the provinces, former Maguindanao governor Mariam Mangudadatu was to become Maguindanao del Sur governor, while her vice governor Ainee Sinsuat was to become governor of Maguindanao del Norte.[ clarification needed ] However the relevant provision presumes that the division plebiscite would be held prior to the May 2022 national elections. However the plebiscite was postponed to September 2022.

Officials, including Mangudadatu and Sinsuat, would assumed office as per the province charter on October 13, 2022. However their assumption was not recognized by the Bangsamoro and Philippine national governments.

In April 2023, President Bongbong Marcos would appoint his own set of officials. For Maguindanao del Sur, Marcos would appoint Mangudadatu as Officer in Charge (OIC) governor effectively ending the crisis in the province. However he appointed a different set of officials from those in 2022 for Maguindanao del Norte. He appointed Abdulraof Macacua as governor while naming Sinsuat as his vice governor.

In August 2023, Sinsuat vacated her position as vice governor and claimed to be the legitimate acting governor of Maguindanao del Norte citing a Supreme Court ruling.

Background

Plebiscites and charter complications

Following the 2022 Maguindanao division plebiscite of September 17, 2022, Maguindanao was split into Maguindanao del Sur and Maguindanao del Norte provinces. [1] The charter legislation of the two provinces, Republic Act No. 11550 provides for an acting governors for the newly formed subdivisions. [2] [3]

Mariam Mangudadatu, the last governor of Maguindanao was supposed to assume the position of governor of Maguindanao del Sur. While Ainee Sinsuat, the last vice governor of Maguindanao was supposed to assume the position of governor of Maguindanao del Norte. [2] [3]

However this was uncertain, since the relevant provision which dictates the initial province officials presumes that the plebiscite would be held before the May 2022 national elections but the division vote was postponed after that date. [2] [3]

Provision on the interim officials of Maguindanao del Norte

Officials of the Newly Created Provinces. - (a) The elective officials of the newly created provinces shall be elected on the second Monday of May 2022 national and local elections: Provided, That if this Act is approved and ratified within six (6) months or moreprior to the 2022 national and local elections , the vice governor [lower-alpha 2] 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.

— Section 50, Article IX: Transitory and Final Provisions, Republic Act No. 11550 (2021)
Provision on the interim officials of Maguindanao del Sur

The incumbent governor of the present Province of Maguindanao [lower-alpha 3] shall remain as governor of the Province of Maguindanao del Sur.

— Section 50d, Article IX: Transitory and Final Provisions, Republic Act No. 11550 (2021)

This led to the Commission on Elections to come up with a legal opinion. [4] [2] The position was issued on September 28, 2022, where the election body conclude that only the Department of the Interior and Local Government could appoint the first officials of the province. [3]

Interim officials

President Bongbong Marcos administering the oathtaking of Abdulraof Macacua as Maguindanao del Sur governor in April 2023. Macacua oathtaking2.jpg
President Bongbong Marcos administering the oathtaking of Abdulraof Macacua as Maguindanao del Sur governor in April 2023.

The initial set of officials for the two new provinces would take the oath on October 13, 2022. [5] The Bangsamoro regional government has refused to recognized the officials taking note the "legal controversy" arising from postponing the plebiscite. [6]

On April 5, 2023, President Bongbong Marcos appointed his own Officer in Charge (OIC) officials in the two provinces. [7]

Dispute

Maguindanao del Norte

Ainee Sinsuat-1.png
Macacua oathtaking 3 (cropped).jpg
Ainee Sinsuat and Abdulraof Macacua

Ainee Sinsuat on October 13, 2022 assumed the position of acting governor of Maguindanao del Norte citing the province charter. Sharifudin Mastura is her acting vice governor. [5]

On April 5, 2023, President Bongbong Marcos appointed Abdulraof Macacua as the Officer in Charge (OIC) governor of the province. Sinsuat, who had presumably assumed the role of acting governor, would be named as OIC vice governor. [8]

On April 28, 2023, President Bongbong Marcos reappointed Macacua as the full pledged governor of the Maguindanao del Norte together with other officials of the provincial government. [9] Mariam Mangudadatu would oppose Macacua's appointment until May 3, 2023. [10]

On August 14, 2023, Sinsuat vacated her position as vice governor and revived her claim as the legitimate acting governor of Maguindanao del Norte once again citing a June Supreme Court ruling. Shariffudin Mastura also reassumed the position of acting vice governor. [11] The Bangsamoro regional government does not recognize Sinsuat's claim. [12]

Maguindanao del Sur

Mariam Mangudadatu Gov. Bai Mariam Mangudadatu.jpg
Mariam Mangudadatu

On October 13, 2022, Mariam Mangudadatu assumed the position of Maguindanao del Sur acting governor as per the province charter. Nathaniel Midtimbang is her acting vice governor. [5]

Mangudadatu would be affirmed as governor of the province on April 5, 2023, when President Bongbong Marcos named her as Officer in Charge (OIC) of the province. Midtimbang likewise was named OIC vice governor. [13] However she would oppose the appointment as OIC, believing she already has mandate to be acting governor as per the province's charter law. [14]

However, Mangudadatu took oath as OIC of the province on April 28, 2023, ending the leadership crisis in Maguindanao del Norte. [15]

Summary

DateMaguindanao del NorteMaguindanao del SurNotes
GovernorVice GovernorGovernorVice Governor
September 17, 2022–October 13, 2022Vacant
October 13, 2022–April 5, 2023 Ainee Sinsuat
(unrecognized)		Sharifudin Mastura
(unrecognized)		 Mariam Mangudadatu
(unrecognized)		Nathaniel Midtimbang
(unrecognized)		Officials unilaterally assumed position; Unrecognized by the Philippine national and Bangsamoro regional government.
April 5, 2023–present Abdulraof Macacua (recognized) Ainee Sinsuat
(until August 14, 2023)
Vacant (from August 14, 2023)		 Mariam Mangudadatu Nathaniel MidtimbangAppointees by President Bongbong Marcos. Mariam Mangudadatu disputes her status as Officer in Charge until April 28, 2023
Ainee Sinsuat
(claims to be Acting; from August 14, 2023)		Sharifudin Mastura
(claims to be Acting; from August 14, 2023		 Ainee Sinsuat from August 14, 2023 claims to be acting governor.

Notes

  1. ↑ Date when the first set of officials for Maguindanao del Norte and Maguindanao del Sur unilaterally assumed office. The Maguindanao division plebiscite was held on September 17, 2022.
  2. ↑ Ainee Sinsuat
  3. ↑ Mariam Mangudadatu

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References

  1. ↑ "With Maguindanao split into 2, Mindanao now has 28 provinces and BARMM has 6". MindaNews. September 18, 2022. Retrieved September 18, 2022.
  2. 1 2 3 4 "Who will lead two Maguindanao provinces? Comelec to issue legal opinion soon". CNN Philippines. September 19, 2022. Archived from the original on September 19, 2022. Retrieved September 19, 2022.
  3. 1 2 3 4 Villegas, Gab Humilde (September 27, 2022). "DILG urged: Appoint Maguindanao official". Daily Tribune .
  4. ↑ Patinio, Ferdinand (September 19, 2022). "Comelec legal opinion on Maguindanao leadership 'row' out soon". Philippine News Agency. Retrieved September 19, 2022.
  5. 1 2 3 "Governors, vice govs of split Maguindanao provinces assume posts". ABS-CBN News. October 22, 2022. Retrieved October 23, 2022.
  6. ↑ Fernandez, Edwin (October 26, 2022). "BARMM says it won't recognize officials of new Maguindanao province". Philippine Daily Inquirer. Retrieved October 26, 2022.
  7. ↑ "Marcos names OICs for Maguindanao del Norte, Maguindanao del Sur". GMA News. April 5, 2023. Retrieved April 5, 2023.
  8. ↑ "Marcos names OICs for Maguindanao del Norte, Maguindanao del Sur". GMA News. April 5, 2023. Retrieved April 5, 2023.
  9. ↑ Flores, Helen (April 30, 2023). "Marcos to prioritize new provinces of Maguindanao". Philippine Star. Retrieved July 24, 2023.
  10. ↑ Cabrera, Ferdinandh (May 4, 2023). "Mariam Mangudadatu extends olive branch to BARMM leaders". RAPPLER. Retrieved August 20, 2023.
  11. ↑ Cabrera, Fedinandh (August 16, 2023). "SC ruling causes crisis in Maguindanao del Norte as Sinsuat claims governor's seat again". Rappler. Retrieved August 20, 2023.
  12. ↑ Madale, Asangan (August 19, 2023). "BARMM: No changes in governorship". The Manila Times. Retrieved August 20, 2023.
  13. ↑ "Marcos names OICs for Maguindanao del Norte, Maguindanao del Sur". GMA News. April 5, 2023. Retrieved April 5, 2023.
  14. ↑ Pinlac, Beatrice (April 13, 2023). "Mariam Mangudadatu objects Marcos' appointment of acting governors for Maguindanao". Philippine Daily Inquirer. Retrieved April 15, 2023.
  15. ↑ "In the name of peace, Maguindanao del Sur, del Norte leaders unite, take oath before PBBM". Notre Dame Broadcasting Corporation. Retrieved August 20, 2023.
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