SUPERIOR Court Presiding Judge Roberto C. Naraja has granted a stipulation between Attorney General Edward Manibusan and former Department of Lands and Natural Resources Secretary Anthony Benavente.
According to the court’s partial final judgment and order, the parties “have stipulated to and agreed to the entry of judgment of partial judgment…against Benavente limited to the sum of $6,198.43 on the [AG’s] ‘Typhoon Premium Pay’ claim, pursuant to NMI Rules of Civil Procedure 54(b)….”
The court stated that Benavente, who is unemployed, “shall pay the sum of at least $100 per month on the first of each month beginning February 1, 2023 to the CNMI Treasurer.”
“Such payment shall continue on the first of each month thereafter until judgment is fully satisfied,” the court added.
Benavente, who was represented by attorney Robert T. Torres, was also ordered to inform the AG if he secures employment or establishes a business or entity that generates income.
“If Benavente filed any Business Gross Receipts tax return as a result of any business income, he shall provide such tax returns to the AG under confidential cover for any income verification as to his ability to pay any increased amount,” the court stated.
If Benavente fails to make payments on time, the AG may seek an order to show cause explaining why he, Benavente, should not be held in contempt for non-payment.
Manibusan, for his part, “reserves the right to pursue modification of this judgment to increase payment if he determines that Benavente’s financial status has improved in any material way.”
The court “shall retain jurisdiction over the matter to enforce the parties’ agreement and stipulation.”
Benavente agreed “not to attack or appeal the judgment,” which will “constitute as a final judgment by the court as to the typhoon overtime payment matters in the complaint.”
Likewise, “the parties have reserved the claims as to excessive compensation/excessive salary or unauthorized compensation…for separate disposition.”
As the parties have no objection or concerns regarding Judge Naraja’s handling or presiding over the case, he will retain the management of the case to completion.
AG Manibusan earlier sued former cabinet officials including Benavente for excessive typhoon overtime pay.
Benavente served as DLNR secretary from May 2017 until his courtesy resignation in December 2022.
The AG’s lawsuit alleged that Benavente received a total of $36,198.43 in “unlawful typhoon payments.”
