DAVAO CITY – Presidential Assistant for Eastern Mindanao Leo Tereso Abellera Magno has been appointed as the new chairman of the Mindanao Development Authority (MinDA).
Magno replaced Chairman Maria Belen Sunga Acosta.
MAGNO'S appointment letter. (Via Ivy Tejano)
However, Sunga refused to leave her position despite the leadership change.
President Ferdinand R. Marcos Jr. appointed Magno as MinDA chair on May 13 and took his oath of office before Executive Secretary Lucas P. Bersamin on May 21.
Former President Rodrigo Duterte appointed Acosta in January 2022.
Acosta said in a text message that there was no communication from Malacañang why she was replaced though she has security of tenure under the law.
Section 7 of Republic Act No. 9996, or the Mindanao Development Authority Act of 2010, states that the Chairperson “shall serve a term of six years from the date of his/her appointment, unless removed for cause.”
“The post of Secretary and Chairperson of the Mindanao Development Authority (MinDA) is not officially vacant. Hence, a replacement is not warranted,” she said in an official statement on May 20.
She said that she is not facing any administrative or criminal charges and never been found guilty of any crime.
Various agencies and organizations have recognized Acosta’s commitment to good governance and exceptional public service.
She was also performing her duties as the Philippine Signing Minister for the Brunei Darussalam-Indonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-EAGA) since her appointment and assumption to office.
However, the 1987 Philippine Constitution states that the President can appoint and remove anyone. Acosta’s removal allegedly stemmed from Marcos’ lack of trust and confidence in the MinDA chair.
In a livestreamed statement on Wednesday, May 22, Acosta said that she is staying as MinDA chair and would continue to diligently and consistently perform her mandate with regularity and strong commitment to the integrated development of Mindanao.
Acosta directed the MinDA staff to deal with her rather than Magno. She said following the MinDA law consistently is essential for keeping peace and development in Mindanao stable.
She said Magno has not showed up at the MinDA office. Acosta urged the people of Mindanao and Filipino peace-loving defenders of democracy to uphold the spirit and intent of the law that created the MinDA.
Magno, who had expressed concern and full support to Mindanao as Presidential Assistant for Eastern Mindanao, remains mum on the issue. MinDA staff are also mum on the issue.
The Chief Executive appointed Magno as the Cabinet Officer for Regional Development and Security (CORDS) for Southern Mindanao last year. The CORDS in each region aims to enhance and extend initiatives to foster peace, unity, and effective governance in rural areas.
In a letter from the Office of the Executive Secretary to Acosta on May 22, Bersamin said her declaration is utterly untenable for being contrary to existing laws and relevant jurisprudence.
“I need to stress that your replacement was effective and valid on the assumption of your successor in office on May 21, 2024. Your term of office was terminated for cause due to the loss of trust and confidence in you on the part of the appointing power,” said Bersamin to Acosta.
Bersamin said the position of chairman of the MinDA is an office with Cabinet rank whose duties and responsibilities include supervising the implementation of Mindanao-wide and Mindanao-specific inter-regional programs, convening the BIMP-EAGA Advisory Board, and advising the President on Mindanao-related matters.