By Nazario Rodriguez Jr.
Horizon news staff

The Supreme Court Trial Division issued an order granting a motion for temporary restraining order (TRO) filed by Yukiwo Dengokl, Santy Asanuma and Surangel Whipps Sr. on Friday April 13 that prevents Joshua Koshiba from acting as Senate President.
Associate Justice Lourdes F. Materne issued the order on the same day at 4:30 p.m. April 13.
Rachel A. Dimitruk is the counsel for plaintiffs Dengokl et al while Johnson Toribiong ws the counsel for defendants Koshiba, Mlib Tmetuchl and Alan Seid.
The following day on Saturday April 14, Senators Tmetuchl, Seid and Alfonso Diaz, issued a letter that compelled Dengokl, Asanuma, Whipps and Caleb Otto to attend a session scheduled at 10 a.m. last Sunday April 15.
Only Otto was not able to come but he was given an excuse because he is on an official trip in other country.
The letter stated that pursuant to Senate Joint Resolution 7-64, adopted on March 16, a joint session of the 7th OEK was called to receive President Remengesau in delivering his State of the Republic Address in the Senate chamber.
The letter explained that Rule 5 of the Senate Rules of Procedure states that a member may not be absent from the Senate unless he has leave of the President, subject to appeal to the Senate.
The letter noted that the roll was called at 10 a.m. on April 10 and Dengokl et al were neither present nor excused from attending the joint session, and each and every day since April 10.
The letter explained that the majority of less than a quorum has the authority under "Rule 5 to compel the attendance of absent members and has done so."
The letter cited Article IX Section 12 of the Constitution empowering the Senate with the authority to compel attendance of absent members.
Tmetuchl, Seid and Diaz told Dengokl at al that "we have directed the Sergeant-at-Arms, pursuant to rule 2(E)(3-4) to serve this order upon you. Should you wish to appear of your own volition, please notify the Sergeant-at-Arms and your colleagues in the Senate immediately. Should you fail to attend the regular session of the Senate, the Segreant-at-Arms is hereby directed to make your arrest and compel your attendance."
Tmetuchl presided over the session and at one time he appointed Diaz to act as the presiding officer.
In that session, the Senate unanimously passed the journal for the 24th special session (2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 0th) and day journal of the 10th regular session (1st, 2nd, 3rd, 4th).
Two bills were also passed on third reading, SB 7-129, SD1 (To prohibit the sale of expired food products and medicines) and SB 7-26, SD1 (Statistics Act of 2005).
Earlier, the Senate with Koshiba presiding could not proceed with a session due to lack of quorum as Dengokl, Asanuma, Whipps and Otto refused to recognize the Koshiba as president.
Instead, they filed a case in court to nullify the Resolution that put Koshiba at the helm.
The oral argument is scheduled on Thursday April 19.
In their "Emergency Motion for a Temporary Restraining Order and a Preliminary Injunction, Dengokl et al seek an order restraining Koshiba from acting in any way as Senate President and prohibiting defendants from compelling the attendance of the plaintiffs and Senate Caleb Otto as a session of the Senate; arresting or causing the arrest of plaintiffs or Otto; or taking any action based on Senate Resolution No. 7-111.
Materne said that the restraining order shall expire as soon as the Court enters a dispositive order following the hearing on April 19, but not later than Monday April 23 at 4:30 p.m.