Immediately after this legal opinion came out, Senate President Paul A. Manglona, Ind.-Rota, wrote Gov. Benigno R. Fitial a letter assuring him that the Senate’s action was consistent with the CMC Section 2904.
This law states that “if the appointment is not confirmed by the Senate within 90 days from the date the person was temporarily appointed, the appointment shall automatically terminate, the position shall become vacant and the person nominated shall not be re-nominated.”
Fitial wanted to re-nominate Villagomez based on the contention that the governor’s letter of appointment expires only if it is transmitted to the Senate Committee on Executive Appointment and Government Investigations.
The committee chairman, Sen. Frank Q. Cruz, R-Tinian, confirmed that the governor’s nomination was not transmitted to his committee, but he was aware that the Senate’s clerk had already informed the administration of the Senate’s rejection of the nomination which, according to Press Secretary Angel A. Demapan, was disappointing.
Manglona wrote Fitial “to clear up any misunderstanding regarding the appointment of Villagomez.”
Senate legal counsel Matt Meyer explained that once the Senate has acted to confirm a nominee, or by inaction, has rejected the nominee, CMC Section 2904 and Senate Rule 7, Section 5 have been met.
He said the governor’s letter nominating Villagomez was duly received by Manglona’s office on Feb. 16. As an official matter, Meyer said all documents received by the Senate president’s office are officially received by the Senate and the Senate president’s authority to dispose of such matters is within his purview as the Senate president.
As such, the legal counsel said, “no further action need be taken to comply with the clear intent of CMC 2904.”
