JUDGE Pro Tempore Timothy Bellas will hear on May 6 the motion for a temporary restraining order and other relief filed by Sen. Paul A. Manglona and taxpayer Carmen Patricia Deleon Guerrero.
The court on Thursday denied their request to intervene in the lawsuit filed by Gov. Ralph DLG Torres against the House Committee on Judiciary and Governmental Operations over the legality of its subpoena.
But the court allowed Manglona and Guerrero to request an oral hearing.
On Friday, the two made the request pursuant to the court order.
Deputy Clerk of Court Novelyn Wania-Tenorio then issued a notice scheduling a hearing for May 6, 2022 at 9 a.m. before Judge Bellas.
In their motion, Manglona and Deleon Guerrero, who are representing themselves, want the court to prohibit the Senate leadership from proceeding with the governor’s motion to dismiss the articles of impeachment.
They also asked the court to declare null and void the Senate impeachment rules.
In his order on Thursday, the judge stated that the motions of Manglona and Deleon Guerrero “do not meet the requirements of both permissive intervention and intervention of right.”
The judge added, “The request for injunctive relief [is] against the Senate and Senate President [Jude Hofschneider] who are not parties to this action and therefore such relief is beyond the court’s jurisdiction in this matter,” the judge added.
Torres, a Republican governor, was found by the Democrat-led House JGO committee in contempt of a legislative subpoena for refusing to appear before the panel which was investigating his public expenditures.
Torres in his lawsuit asked the court to find the subpoena issued by the legislative committee invalid and unlawful.
On Jan. 12, 2022, Torres was impeached by the Democrat-Independent-led House of Representatives by a vote of 15 to 4 with 1 abstention, on allegations of felonies of theft, corruption and neglect of duty. He has denied the charges.
On Friday, the Republican-led Senate voted 4 to 3 in favor of the governor’s motion to dismiss the articles of impeachment. However, the Senate president said five votes were needed to pass the motion.
Two of the nine senators have recused themselves from the proceedings citing conflict of interest: Senate Floor Leader Vinnie F. Sablan, the governor’s running mate, and Senate Vice President Justo S. Quitugua, a relative of the governor.
The Senate president said their impeachment hearing will start on May 13, Friday, at 10 a.m. in the Senate chamber.
Under the Senate rules, the Senate president will appoint one House prosecutor, but the House leadership said the Senate rules are “unconstitutional,” adding that they should be allowed to name their team of five House prosecutors.
The Senate leadership, for their part, said the impeachment hearing will proceed with or without a House prosecutor.
At least six of the nine senators must vote to convict the governor in order to remove him from office.
Timothy Bellas
