RTC Judge orders Acosta, lawyer to explain social media announcement

The Regional Trial Court (RTC) Branch 15 in Davao City ordered ousted chair of Mindanao Development Authority (MinDA) Mabel Sunga-Acosta and her lawyer to explain an announcement on social media and to show cause to avoid being cited for contempt of court.

The RTC Branch 15, presided by Judge Mario Duaves, has ordered Acosta and her lawyer Israelito Torreon to provide a written explanation regarding Acosta’s “official statement” which allegedly contains “extremely incorrect facts that corrupted the true nature and substance of the court’s orders and processes.”

Duaves was referring to Acosta’s claims on social media last Monday announcing that the court had granted her motion for reconsideration of its earlier decision dismissing her quo warranto petition against newly-installed MinDA chair Leo Tereso Magno.

The court bared that there was no record of any grant of a motion for reconsideration filed by Acosta
who announced on social media having obtained motion for reconsideration for her dismissed quo warranto petition on June 3, 2024.

According to RTC, Acosta had only filed a manifestation on May 29, 2024, stating her intention to file a motion for reconsideration within the allowed period.

Acosta, who was terminated by President Ferdinand Marcos Jr for lack of trust and confidence last month, said the RTC has ordered the other party to respond within 15 days.

Acosta added that while the case is ongoing, she will perform her duties with regularity so as not to hinder the day-to-day operations of the office.

Duaves highlighted Acosta’s erroneous claim that the dismissal of her quo warranto petition had been reversed and that her motion for reconsideration was granted by the Court.

“In doing so, you have caused unnecessary confusion to the public amounting to improper conduct tending to degrade the administration of justice and judicial processes of this court,” Duaves said.

Duaves directed Acosta and Torreon to submit their written explanation under oath within 10 days and to show cause why they should not be cited in contempt.

The judge also ordered Acosta and Torreon to remove the misleading “official statement” from social media and other platforms within the same period and that failure to comply may result in severe penalties.

Duaves said this misinformation has caused confusion and concern among MinDA employees amidst the ongoing power struggle.

Duaves has recused himself from the case after Acosta filed a motion for his inhibition on May 31, criticizing his swift decision-making.

In a June 3 order, Duaves instructed that the case be re-raffled to another branch.

“While the petitioner’s (Acosta) Motion for Inhibition deserves scant consideration, the undersigned will no longer venture into delving into her arguments. Perceived already as such, it is prudent for the undersigned to stay away from acting further on the case,” Duaves stated.

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