By Bryan Manabat
bryan@mvariety.com
Variety News Staff
LIEUTENANT Gov. Dennis Mendiola has asked the Superior Court to dismiss three counts of misconduct in public office against him, arguing that the Commonwealth’s charging document fails to define what constitutes an “illegal act.”
In a motion filed Dec. 17, attorney Bruce Berline, who represents Mendiola, contends that the information against his client is constitutionally defective because it does not cite any statute, rule, or regulation that makes the alleged misuse of government funds unlawful. The charges accuse Mendiola of authorizing the transportation of vehicles and incurring rental debts but stop short of identifying the legal basis for calling those actions “illegal.”
Berline pointed to 6 CMC § 3202(b)(1), which criminalizes “any illegal act” committed by a public official under color of office. He argues the statute is overly broad, noting that its penalty provisions cover felonies, misdemeanors, and even acts “not a criminal offense at all.” Without a clear definition, Berline said, defendants are left unable to prepare a defense, assert statute of limitations claims, or protect against double jeopardy.
The motion to dismiss was filed after the Superior Court recently granted the defense’s request for the prosecution to submit a bill of particulars, underscoring the defense’s position that the information lacks sufficient detail.
“The government is alleging Mr. Mendiola committed a felony, misdemeanor, or no crime at all,” Berline wrote, arguing that the information’s failure to specify the underlying law renders it fatally defective.
Judge Joseph Camacho has scheduled a hearing on the motion for Jan. 26 at 10 a.m.
The motion cites CNMI and federal case law requiring charging instruments to set forth all elements of an offense, including criminal intent, and to provide sufficient factual detail. Berline emphasized that the term “illegal act” cannot simply be parroted from the statute without clarification.
A ruling in the case could have broader implications for how prosecutors frame misconduct charges against public officials in the Commonwealth.
Mendiola and his co-defendants, Joey Vincent Dela Cruz and Justin Paul Mizutani, face charges of misconduct in public office for allegedly misusing public funds to rent vehicles and illegally transporting one to Rota.
The charges stem from Mendiola’s tenure as a special assistant with the Homeland Security and Emergency Management Office in 2022, when he allegedly misused government vessels and resources. Prosecutors allege he authorized the transport of private and rental vehicles aboard chartered supply ships and, along with Mizutani and Dela Cruz, left the government with more than $61,000 in unpaid rental fees.
All three defendants have pleaded not guilty. A jury trial is scheduled for March 9, 2026.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
