By Cherrie Anne E. Villahermosa
Variety News Staff

REPRESENTATIVE Stanley T. Torres is requesting the transfer of the funds to his account as recommended by Superior Court Judge Kenneth Govendo.
Torres, in a memorandum to Speaker Oscar M. Babauta, Covenant-Saipan, after a hearing on Friday, said that he personally shares Govendo’s concerns about the extra time and expense that the case will ultimately cost taxpayers and the court system, since the matter is already scheduled for a Supreme Court appeal and protracted litigation.
Torres’s lawsuit against Gov. Benigno Fitial was heard on Friday morning.
At the hearing, Govendo said he could not issue an order due to separation of powers issues but he made a recommendation with regard to his March 22, 2007 order, ordering the transfer of the $33,872 deducted by the governor from the fiscal year 2006 budget of Torres, Ind.-Saipan.
Govendo’s March 22 order stated that based upon an earlier admission of a mistake made by governor, the governor has agreed to return the sum of $33,872 to Torres’ Legislative Account No. 1745.62840 for fiscal year 2006.
The sum represents the 18 percent deduction implemented by Fitial during the last three quarters of FY 2006.
Govendo’s order stated that each party will be responsible for their own attorney’s fees and expenses.
On Friday, Govendo recommended that Speaker Babauta redirect the funds that the Office of Management and Budget transferred to the general legislators account to Torres’s account.
Torres, in his memorandum to the speaker, said that he “realizes that Babauta could play politics with this request.”
Torres said the transfer of funds to the legislative general fund is already a victory.
“To recap the case, after Governor Fitial admitted that mistakes were made in the improper deduction of 18percent of our funds in FY2 006, in order to cover the administration’s mismanagement of (the Commonwealth Utilities Corp.), the administration did return a substantial amount of funds to the House as a settlement in this matter,” Torres said.
“So, whether you want to selfishly hold the funds for yourself, or credit my account as I earlier requested, it’s not worth the extra time and additional public funds to quibble over this point,” Torres’s memorandum stated.
Torres asked Speaker Babauta to sign his memorandum before the day ends today, May 7, if Babauta concurs with Govendo’s recommendation that, according to Torres, “shouldn’t take more than one minute to decide.”
Torres said if Babauta decides to be “politically stubborn and keep the returned funds” resulting from an important case that the speaker refused to support, “then enjoy your own self-importance. As for me, I consider the case to be already decided as determined by Judge Govendo.”
“I will move to dismiss any further action by Governor Fitial in this matter in the Supreme Court in order to save the taxpayers and the court extra expenses and time in this matter,” Torres said, adding “we must move on to more important issues that face our islands.”
Governor Fitial’s counsel, Assistant Attorney General R.. Anthony Welch, has appealed Govendo’s order and filed a motion for relief from judgment.
The government asked the Superior Court for a stay of the enforcement of the judgment pending a decision of the Supreme Court on the appeal of this matter filed on April 20.
The government also filed a motion to recuse the judge which Govendo declined to do.