BARMM says it won’t recognize officials of new Maguindanao province

BARMM Interior Minister Naguib Sinarimbo

COTABATO CITY, Maguindanao del Norte, Philippines — Following the plebiscite that ratified the split of Maguindanao province and the assumption of the new governors of Maguindanao del Norte and Maguindanao del Sur, top officials of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) said they would not recognize the new officials of Maguindanao del Norte who assumed office last week.

Lawyer Naguib Sinarimbo, the BARMM interior and local government minister, said the regional government leadership was still waiting for President Ferdinand Marcos Jr. to appoint an official who would serve as acting governor of Maguindanao del Norte, the new province in the region after Maguindanao province was split through the ratification of Republic Act No. 11550 on Sept. 17.

Maguindanao Gov. Bai Mariam Mangudadatu and Vice Gov. Ainee Sinsuat have assumed office as governors of the new provinces of Maguindanao del Sur and Maguindanao del Norte, respectively, during ceremonies held at the provincial capitol in Buluan town on Oct. 20.

But Sinarimbo questioned the assumption of Sinsuat as governor of Maguindanao del Norte, saying the appointment was the prerogative of the president and that there was no provision in the law that mandated her to sit as governor of the newly created province.

Legal controversy

“A legal controversy now exists,” Sinarimbo said in a radio interview. “BARMM’ position is this: we do not believe that the rule contained in RA 11550 (allows) the elected vice governor of Maguindanao to assume as acting governor of Maguindanao del Norte,” he said.

“The condition precedent for that rule to apply is no longer present because the plebiscite was held not prior to the 2022 local elections but after,” Sinarimbo said.

He was referring to Section 50 of RA 11550, that states: “The vice governor and the next ranking elective member of the Sangguniang Panglalawigan of the present province of Maguindanao who are residents of the new Maguindanao del Norte, shall assume as its acting governor and 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.”

Sinarimbo said that this law, also cited by Mangudadatu in support of the vice governor, would not apply because the plebiscite was held after the 2022 local elections. He said the rule of succession also would not apply in the case of Maguindanao del Norte because the position (of the governor of new province) was not vacated.

“The position of the governor in the province of Maguindanao del Norte is the original position. It is a newly created position. No vacancy [has] occurred that a successor can assume,” Sinarimbo said.

Transition period

On Oct. 20, elected officials of the original Maguindanao bid farewell to their former offices to assume their seats in the new provinces. Among them were Board Members Nathaniel Midtimbang and Sharifudin Mastura who assumed as vice governors of Maguindanao del Sur and Maguindanao del Norte, respectively.

Lawyer Cyrus Torreña, provincial administrator, said the vacant slots in the Sangguniang Panlalawigan of the two new provinces would be filled by Malacañang based on the recommendation of provincial officials and Maguindanao representatives.

Torreña said that during the transition period, the operational expenses of Maguindanao del Norte, including salaries of employees and officials, would still be shouldered by the original Maguindanao province since Maguindanao del Norte would still be expected to operate separately by January next year.

But Sinarimbo said the BARMM’s Ministry of the Interior and Local Government would not issue a certificate of recognition to Maguindanao del Norte officials.

“No governor was removed from office that the vice governor can assume, this is an original position and filling it up is not by rule of succession but by original appointment,” Sinarimbo said.

But for Mangudadatu, the rule of succession applies to new officials of Maguindanao del Norte, Mindanao’s 28th province and the country’s 82nd. It is also the sixth province constituting the BARMM.

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