The Taotao Tano group said Gov. Benigno R. Fitial’s decision to commute the 90-day jail sentence of Teresita Deleon Guerrero after her document fraud conviction mocks the local judicial system.
“As you are all aware, Governor Fitial recently commuted the sentence of a known close constituent party-affiliate. Such a move mocks and discredits our very own criminal justice legal system. The governor sued the federal government for infringing upon our right to self-govern. The governor’s action contradicts his call to protect our right to self-government,” wrote Taotao Tano president Greg Cruz to lawmakers.
Deleon Guerrero was supposed to stay in jail from March 25 to June 23. However, she was released on March 26.
She was convicted of faking documents submitted to the Department of Labor to process the labor permits of foreign workers.
Press Secretary Charles P. Reyes Jr. said the governor is constitutionally empowered to issue commutations.
He cited Article III, Section 9 of the CNMI Constitution which reads: “The governor shall have the power to grant reprieves, commutations and pardons after conviction for offenses after consultation with a board of parole to be established by law. This power shall not apply to impeachment.”
But Cruz insists that the commutation was a political favor because Mrs. Deleon Guerrero’s husband, Lorenzo, is a strong supporter of the ruling Covenant Party.
Mr. Deleon Guerrero was himself charged in the same case.
Cruz said House Legislative Initiative 16-20 that House Floor Leader Joseph N. Camacho introduced last year should be passed.
The initiative, which remains pending, seeks to require public comments before any governor can grant reprieves, commutations of sentence or pardons.
“The Legislature finds that it has become common practice by governors to silently and almost secretly pardon family, friends and political supporters, especially, on the last day of the term of an outgoing governor,” the findings of H.L.I. 16-20 states. “The governor’s power to grant reprieve, commute, or pardon, if left unchecked will diminish the role of the courts and jury that have decided on a case.”
A legislative initiative needs to be passed by three-fourths vote of both houses of the Legislature before it can be placed on the ballot for ratification.
Under H.L.I. 16-20, the names of candidates for reprieves, commutations and pardons will be published in a newspaper of general circulation in the commonwealth and the public will have 30 days to comment on them.
The next general election in the CNMI is scheduled for Nov. 7.
