MOTION for disqualification. This is the popular legal step undertaken by the parties in the Bank of Saipan receivership proceedings. First, the Calvo & Clark law firm, on behalf of Bank of Saipan, Inc. or certain majority shareholders, moved for disqualification of Superior Court Presiding Judge Edward Manibusan. Meanwhile, in the CNMI high tribunal, Chief Justice Miguel S. Demapan and Associate Justice John A. Manglona recused themselves in the petition to compel the lower court to vacate all orders issued by Manibusan in the receivership. As a result, Associate Justice Alexandro C. Castro was left on the appellate panel. Castro later tapped Guam Presiding Judge Alberto Lamorena and retired Chief Justice Marty W. K. Taylor to join him as justices pro tempore. But the Attorney General’s Office, counsel for Commerce Secretary Fermin M. Atalig, filed a motion to disqualify Castro. Bank of Saipan’s temporary receiver Randall T. Fennell also moved to disqualify Lamorena. Here in the commonwealth, a magistrate could be disqualified if in a proceeding “his or her impartiality might reasonably be questioned.” On Monday, Superior Court Associate Judge Juan T. Lizama denied the motion to disqualify Manibusan. Is Lizama’s decision fair and reasonable? Is the disqualification of Castro and Lamorena appropriate under the circumstances?
Lizama’s ruling is not only reasonable, but obviously expected. Calvo & Clark alleged that various ex parte, or private, communications had taken place in Manibusan’s chamber which had irreparably “tainted” the receivership proceedings. But by just reading the pleadings, you don’t need to be a lawyer to decide on that motion. In fact, I believe, this motion is perhaps the easiest legal question I have so far encountered. Veteran attorney Robert O’Connor, counsel for major shareholders Edward M. Calvo, Paul M. Calvo, and Thomas Calvo, did not join the motion, but praised Manibusan’s fairness and capability to handle the matter. O’Connor only provided guidance on what are the limits of ex parte context that should be allowed between the receiver and the judge. Well, a receiver is the “arm of the court”, among other things. From that premise alone, I don’t think there’s a need for further explanation. I just can’t understand the reason why this motion was filed in the first place. We all know that Calvo & Clark wanted to replace Fennell. But if not for this motion to disqualify Manibusan, the receivership proceedings would have continued and the court could have appointed a new receiver. This motion only wasted the bank, the court and government’s money and time.
Meantime, the motion to disqualify Castro and Lamorena is pending in the high court. This motion is expected to be resolved first before the Calvo & Clark’s petition for mandamus. I think it is not clear yet who is going to handle the motion to disqualify Castro and Lamorena. Many of us are aware that Castro suddenly removed Fennell as temporary receiver without conducting a hearing. Manibusan described Castro’s decision as a “hasty action (that) lacks judiciousness.” But Castro was gentleman enough to reinstate Fennell after entertaining a motion for reconsideration of his order. During the motion for reconsideration hearing, Castro showed guts to admit: “I wish I could pick up the phone and ask Judge Manibusan what’s happening or what are you going to rule on this. I cannot do that.” The Attorney General’s Office and Fennell’s camp have raised many allegations and provided some documents to support their motion to disqualify Castro and Lamorena. On the other side, Calvo & Clark and attorney David J. Lujan opposed the motion. While the motion to kick out Manibusan was easy one to decide, with respect to Castro and Lamorena, I guess, if I’m the one on the bench I would just say, “This matter is placed under advisement.”
The pothole or ditch along a road in front of Coral Ocean Point was finally fixed. Two years ago, I wrote about the concerns of motorists about the danger the road posed to vehicles. The agency that did the repair should be commended. Good work!
It had been one year and exactly one month yesterday after Jose A. Dela Rosa was brutally murdered at Ace Poker in Garapan. The case remains unsolved. Who is the missing link needed to finally crack this case?
