ATTORNEY General Edward Manibusan told Saipan Mayor Ramon “RB” Camacho that under the Commonwealth Constitution, the Office of the Attorney General does not provide legal representation to the mayors or agencies of municipalities.
In a letter to Camacho dated Oct. 25, 2023, Manibusan said, “Please retain the services of a private attorney to provide you with legal advice relating to Civil Action No. 23-0197 filed in Superior Court. Please note that there are deadlines which require your immediate attention.”
The plaintiff, Construction & Material Supply or CMS, provided the AG’s office with a copy of its complaint against the Saipan mayor’s office and the municipality of Saipan.
The complaint arises from unpaid invoices for quarry products provided by CMS to the mayor’s office.
Following the AG’s declination of representation and authorizing the retention of private counsel, attorney Michael Evangelista filed a notice of appearance as counsel for Camacho on Nov. 15.
Evangelista also said that the parties will move for dismissal “under the Commonwealth Rule of Civil Procedure 12(b)(1) and (6) on or before Nov. 20, 2023.”
He likewise acknowledged the service of the summons and complaint, and stated that no response is due earlier than Monday, Nov. 20.
“Plaintiff is also put on notice that United States v. Borja, 2003 MP 8, cited in paragraph 5 of the complaint, does not hold that the Municipality of Saipan can sue or be sued. The express holding of that case is limited to the Municipality of Tinian, and the constitutional amendment on which it is based applies only to Rota and Tinian,” Evangelista said.
CMS sued the mayor’s office of Saipan over unpaid quarry fees amounting to $36,126.25.
According to the lawsuit, from Feb. 1 to Sept. 11, 2023, the mayor’s office obtained 7.5 cubic yards of “aggregates-3/8” material and 1,310 cubic yards of “base course” at the CMS Kannat Tabla quarry.
CMS said when it was providing quarry materials to the mayor’s office, it likewise provided monthly invoices, which stated that “the customer agrees to pay the invoice to CMS, with each overdue invoice charged at 1.5% per month.” In addition, the invoices stated that the customer is responsible for attorney and collection fees in case of default.
CMS said despite the invoices, the mayor’s office of Saipan has “failed to pay and continues to fail or refuses to pay CMS….”
CMS stated that it “applied a 120-cubic-yard credit to the total base course material obtained by the Saipan municipality.”
Under its temporary occupancy agreement with the Department of Public Lands, CMS is obligated to provide 100 cubic yards of base course to government agencies for “public benefit.” In the case of the mayor’s office of Saipan, the quarry materials are used to repair roads.
In its complaint, CMS stated that the mayor’s office obtained 1,310 cubic yards of base course at $30.50 per cubic yard.
