The MinDA Saga: Acosta vs. Magno

DAVAO CITY, Philippines—The battle between ousted Maria Belen Acosta and newly appointed Mindanao Development Authority (MinDA) Chairperson Leo Magno did not end when the regional trial court dismissed her quo warranto case last week.

In an effort to retain her post, Acosta invoked Section 7 of Republic Act 9996, which states that the MinDA chair, as an appointee of the President, has a six-year term. Acosta filed a motion for reconsideration on May 29.

In her manifestation, she  expressed her intent to file a Motion for Reconsideration of the court’s order dismissing the quo warranto case. The Regional Trial Court Branch 15, Judge Mario C. Duaves ordered Magno on May 31 to file his  comment on Acosta’s motion.

The order states, “Without necessarily giving due course to the petition and in order to give respondent the opportunity to address the grounds and arguments raised by the petitioner, the former is given fifteen (15) days from receipt of this order to file a comment to the ‘Motion for Reconsideration (of the resolution dated May 27, 2024).'”

Timeline of Events

May 13: President Marcos signed the appointment of Magno as MinDA chairperson, replacing Acosta.

May 20: Acosta issued an official statement asserting, “The post of Secretary and Chairperson of the Mindanao Development Authority (MinDA) is not officially vacant [hence, your] replacement is not warranted.”

May 22: Executive Secretary Lucas P. Bersamin issued a letter stating Acosta was terminated “due to loss of trust and confidence in you on the part of the appointing power.”

May 24: Magno reported to the MinDA office (10th floor) while Acosta remained on the 14th floor.

May 27: “Undoubtedly, this petition must be dismissed not only on the ground that it is an improper remedy as it is not anchored on the respondent’s qualification but more so on the premise that it is a challenge against an act of the President who is immune from suit, even without him invoking the privilege,” cited the two-page decision rendered by RTC Branch 15 presiding judge Mario C. Duaves on May 27, 2024.

• Magno attended his first flag ceremony with MinDA employees. Acosta also attended for the first time since her appointment in 2022. She joined the employees at around 7:30 a.m., while Magno stayed aside to avoid tension. After the flag ceremony, Acosta went to her office on the 14th floor, while Magno called for an executive and management committee meeting on the 10th floor.

May 28: Magno joined the President on an official visit to Brunei, while Acosta submitted her quo warranto case against Magno in court.

May 31: Magno was warmly welcomed by the National Economic and Development Authority (NEDA) Board Regional Development Committee – Mindanao Area Committee (NB RDCom-MAC). Acosta joined the Friday flag retreat ceremony (virtually).

June 3: Magno attended the National NEDA Board meeting. Acosta instructed MinDA employees to buy disinfectants.

In the Morning of June 3, Acosta sent an online message to MinDa staff stating, “Dear Execom, Mancom, and all of MinDA,

“My petition for quo warranto and injunction was initially dismissed. But last Friday, I received formal notice that our motion for reconsideration was granted. Yes, GRANTED. Hence Mr. Magno will have to submit his reply to the court in 15 days. After which, a hearing will be set. What does this all mean? It means that the case is not dismissed. It means that the case is alive and it is moving. It means that the court finds merit in the motion for reconsideration.

Which also means that I still have to perform my duties with regularity as the post of secretary is not vacant and still occupied by yours truly as defined by sec 7 of the MinDA Act of 2010 which expressly states that the term of office of the chairperson is 6 years upon appointment, unless removed for cause. This renders another appointment to the same position, improper and contrary to existing laws.

This afternoon, I will formally write and inform the heads of the departments of HR, Finance, and Administration, and attach necessary documents about the case.-Sec Mabel”

As of June 3, Acosta continues to hold office and give directives to MinDA employees. She has issued orders to the executive committee and the employees, including budgeting for the disinfection of the office.

Acosta posted almost the same message on her personal social media page using the logo of the agency but not posted on the Mindanao Development Authority (MinDA) official social media page.

While Acosta protests her ouster, a lawyer who requested anonymity advises that the better thing to do is to cease giving instructions and directives until  the case is  resolved as it may cause confusion among employees. It will also prevent her  exposure   to some liabilities in the event the results turn out to be adverse to her favor. 

The MinDA saga is unprecedented in Mindanao, with two individuals claiming the post—one appointed by the President and the other ousted by the same office. Reports indicate that Acosta’s camp will ask Judge Duaves to inhibit himself from the case.

As the MinDA saga continues, both officials use public resources. The Commission on Audit has yet to issue an official statement regarding whose authority is legitimate, as public funds are being spent.