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By Moneth G.
Deposa
Variety News Staff
SUPERIOR Court Associate Judge
Kenneth L. Govendo yesterday ordered Gov. Benigno R. Fitial to restore
the sum of $33,872 to the account of Rep. Stanley T. Torres.
The amount was deducted from the lawmakers budget for fiscal year
2006.
In a two-page document, the judge stated that the decision was reached
contingent to the result of the final hearing on Feb. 26.
Based upon an earlier admission of a mistake made by the defendant,
the governor has agreed to transfer back to Rep. Torress legislative
account no. 1745.62840 for fiscal year 2006 the sum of $33,872. This represents
the 18 percent reduction of Torress FY 2006 budget implemented by
Governor Fitial during the last three quarters of FY 06, the two-page
court document stated.
Govendo said each party will be responsible for their own attorneys
fees and expenses.
In an interview, Torres, Ind.-Saipan, expressed gratitude to his counsel,
Stephanie Flores, and the members of the House minority bloc who extended
their support during of the case.
The governor was represented by Assistant Attorney Anthony Welch.
This is a major victory for all the Davids in the world who challenge
the Goliaths. I am very glad that we prevailed on this case, Torres
told Variety, adding that it was a successul campaign against bureaucracy.
Torres sued the administration over what he claimed was illegal reprogramming
of legislative funds.
Torres challenged the governors action by citing the separation
of powers doctrine and the improper enforcement of an emergency declaration
that resulted in the budget reduction.
The court found that by reducing the lawmakers second and third
quarter allotments, the governor violated the provisions of the CNMI Planning
and Budget Act of 1983 and Public Law 15-1.
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