FIVE Superior Court judges have recused themselves from presiding over the lawsuit filed by Attorney General Edward Manibusan against Department of Public Safety Commissioner Robert A. Guerrero who was sued for excessive typhoon overtime pay.
In their separate orders of recusal, the judges said they are disqualifying themselves because their impartiality might be questioned.
Presiding Judge Roberto C. Naraja stated that the DPS commissioner is his “godbrother.”
Associate Judge Teresa Kim-Tenorio said she had worked with Guerrero in the development of the Drug Court program.
Associate Judges Wesley Bogdan, Kenneth L. Govendo, and Joseph N. Camacho said the three of them have conflicts of interest. They did not elaborate.
In his complaint, the AG is asking the court for a judgment of $46,982.96 for recovery of unlawful typhoon premium payments, overtime payments, or extra payments not authorized by law, without valid appropriation, and in excess of the salary ceiling, including prejudgment and post-judgment interest, and the costs of the lawsuit.
Manibusan said he brought the lawsuit “on behalf of the people of the Commonwealth, who are harmed and have been harmed by the excessive compensation of defendant Robert A. Guerrero, a Commonwealth government employee who was not entitled to typhoon emergency premium compensation, overtime, or extra pay for work performed during the declared major disaster and state of significant emergency relating to Super Typhoon Yutu, or for work directly involved with typhoon recovery and repair work and providing assistance to those members of the Commonwealth adversely affected by Super Typhoon Yutu.”
The AG has also stated that “other Commonwealth employees, including but not limited to other gubernatorial appointees, also received typhoon premium pay for work performed during the period from October 23, 2018 through January 23, 2019, and therefore are similarly situated to defendant.”
