Crispin Ogo
THE District Court for the NMI has denied former Rep. Crispin Ogo’s request for a temporary restraining order and the appointment of counsel.
Ogo had asked the court to “restrain Governor David Apatang from appointing anyone for Sen. [Dennis] Mendiola’s vacant seat until the … District Court consider[s] the voting rights of those 415 individuals who voted for him during the 2022 CNMI General Election.”
He filed the complaint on July 25.
After then-Lt. Gov. Apatang assumed the governorship, he appointed former Sen. Paul Manglona to fill the Rota Senate seat vacated by Mendiola, who was sworn in as lieutenant governor. Manglona lost to Sen. Ronnie Calvo in the November 2024 election.
In a three-page order issued Monday, designated Judge Frances M. Tydingco-Gatewood stated, “Mr. Ogo paid for the filing fee late Friday afternoon, on August 1, 2025. Although summons was issued, the summons has not been executed and served on the defendant. Mr. Ogo has not certified in writing what efforts, if any, were made to give notice to defendant and why notice should not be required at this time.”
Furthermore, the judge said Ogo “has not articulated either in an affidavit or in his verified complaint what immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.”
Accordingly, the court declined to issue a temporary restraining order without notice to the opposing party.
“The complaint merely states that Mr. Ogo believes he should be appointed to fill the vacant Senate seat because he was the third-highest vote-getter in the 2022 election, citing Article II, Section 9 of the NMI Constitution,” Judge Tydingco-Gatewood said.
Section 9, Article II of the CNMI Constitution states:
“A vacancy in the legislature shall be filled by special election if one-half or more of the term remains. If less than one-half of the term remains, the governor shall fill the vacancy by appointing the unsuccessful candidate for the office in the last election who received the largest number of votes and is willing to serve or, if no candidate is available, a person qualified for the office from the district represented.”
“The last election was in 2024,” the judge said. “And as such, the court’s cursory review shows that Mr. Ogo’s complaint does not have a likelihood of success on the merits.”
As for Ogo’s request for court-appointed counsel, the court found that Ogo is not indigent.
The court also noted that Ogo was able to pay the filing fee and accordingly denied his request to waive it.
“Even assuming that Mr. Ogo is indigent, which he is not, Mr. Ogo does not meet the required standard for appointment of counsel. Only in extraordinary circumstances may the court appoint an attorney to represent a litigant unable to afford counsel,” Judge Tydingco-Gatewood added.
