The concurrent Presidential Assistant for Eastern Mindanao brought with him the needed documents for his appointment as MinDA chair and submitted the same to the Human Resources Department of MinDA.
Coincidentally, removed MinDA chair Mabel S. Acosta was also holed in her MinDA office when Sec. Magno arrived. The two did not meet though.
Acosta has remained steadfast on her claim to the post saying it was not vacated thus Magno’s appointment is not warranted.
Executive Secretary and former Chief Justice Lucas Bersamin however cited "loss of trust and confidence" by the appointing power as the reason for the termination of Acosta as MinDA chair.
"Your declaration is utterly untenable for being contrary to existing laws and relevant jurisprudence. I need to stress that your replacement was effective and valid upon the assumption of your successor in office, Sec. Leo Tereso A. Magno, on May 21, 2024," Bersamin stated in his two-page letter to Acosta dated May 22.
"By that event, 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," the former Chief Justice added.
Bersamin said that the position of MinDA chair is primarily confidential and policy determining thus the President, as the appointing power, "validly and effectively removed you (Acosta) for cause due to his loss of trust and confidence in you".
In her Facebook post Thursday, Acosta wrote “Mananatiling matatag at magpatuloy. Maayong buntag! Salamat kaayo sa tanang suporta”.
Magno meanwhile respected Acosta’s right to seek legal remedy. He said that he is not taking it personal if ever the former MinDA chair opted to fight it out in court.
Magno however said that he has also sworn in his oath of office that he would discharge the duties of his present position as MinDA chair thus the submission of the necessary papers and documents for his assumption as the new MinDA chair.
Asked if he would also be sitting concurrent as the Presidential Assistant for Eastern Mindanao, Sec. Magno said he would seek clarification from the Office of the President as he is aware that it is prohibited for one person to be holding two positions in the government.