SUPREME Court Chief Justice Alexandro C. Castro on Wednesday appointed former Judge Timothy H. Bellas to be the judge pro tempore in the lawsuit filed by Gov. Ralph DLG Torres in Superior Court against the House Committee on Judiciary and Governmental Operations.
Superior Court Presiding Judge Roberto C. Naraja, Associate Judges Wesley Bogdan, Kenneth Govendo, Teresa Kim-Tenorio and Joseph N. Camacho have recused themselves from the case.
In his order, Chief Justice Castro said Bellas will serve as judge pro tempore in this matter.
“Parties shall notify the Clerk of the Superior Court in writing no later than 10 days from the date of this ORDER of any good cause or reason why Timothy H. Bellas should not serve as judge pro tempore,” the chief justice added.
“Unless good cause be shown otherwise, Judge Pro Tempore Timothy H. Bellas shall have full authority to serve in this matter and shall carry out the duties and powers inherent with the appointment,” the chief justice said.
Bellas served as judge from Oct. 1995 to Jan. 2001.
On Tuesday, the governor, through his legal counsel Gil Birnbrich and the Banes Horey Berman & Miller law firm, filed a complaint for declaratory and injunctive relief against the committee and the House sergeant-at-arms, Pedro Towai, in his official capacity, after the committee members found the governor in contempt of a legislative subpoena.
According to the governor, the executive branch is “a separate and equal branch of government under the Commonwealth Constitution and must be treated equally…. The Office of the Governor should not and cannot be subordinated to the Legislature, let alone the overreaching acts of an out-of-control Committee of the House of Representatives.
On Tuesday, Presiding Judge Robert C. Naraja said he must recuse himself from handling the matter, citing Section 3308(a) which states: “A justice or judge of the Commonwealth shall disqualify himself or herself in any proceeding in which his or her impartiality might reasonably be questioned.”
In his order of self-recusal, Associate Judge Wesley M. Bogdan said he is the former legal counsel to Governor Torres.
Associate Judge Kenneth Govendo, for his part, stated, “Over two weeks ago at a birthday party for Father Jesse, the undersigned Judge had discussed with the Honorable Governor Ralph DLG. Torres about testifying in front of the committee.”
Associate Judge Teresa Kim-Tenorio said her spouse is the director of the Legislative Bureau, appointed by the leadership of both Houses, which include members of the JGO Committee who are defendants in the lawsuit. “Furthermore, co-defendant, Sergeant-at-Arms Peter Towai, is employed by the Legislative Bureau thereby making the undersigned’s spouse the hiring authority,” she added.
Associate Judge Joseph N. Camacho indicated in his order of recusal that “conflict exists with the undersigned.” His wife is Viola Alepuyo, the legal counsel of the governor’s executive secretary, Frances “Kai” Dela Cruz, and the other executive branch personnel who have appeared before the committee.
Timothy Bellas
