Vol. 35 No.8
       ©2007 Marianas Variety
Tuesday, March 27, 2007 www.mvariety.com
Serving the CNMI for 35 years
 

© 2007 Marianas Variety
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Court orders governor to restore Torres budget cut

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 lawmaker’s 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. Torres’s legislative account no. 1745.62840 for fiscal year 2006 the sum of $33,872. This represents the 18 percent reduction of Torres’s 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 attorney’s 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 governor’s 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 lawmaker’s second and third quarter allotments, the governor violated the provisions of the CNMI Planning and Budget Act of 1983 and Public Law 15-1.