The governor and some questions on succession

While I join the community in wishing Gov. Eloy S. Inos well on his recovery from a recent open-heart surgery that will prevent him from returning to work until late December or early January 2016, questions ought to be asked—and answered—whether Inos is still fit to lead the CNMI given the state of his health, his long absences even before the 2014 general elections over medical reasons, and the continued need for a stable, able and trustworthy leadership.

The administration cannot forever dodge the question of whether Inos or anyone in this government still thinks Inos can discharge the duties of his office until the end of his supposed term in January 2019. This is given his health condition, as the administration itself provided to the media in recent days.

And if Inos’ or anyone in his administration’s answer is “yes,” how and until when?

Has Inos at least considered stepping down to be able to take care of his health? Has anyone in his administration advised him to consider this?

Regardless of political affiliation and ambitions, CNMI leaders and community members ought to be raising questions and demanding answers from the proper authorities on the governor’s ability and capacity to still govern, as well as succession. The sooner the better, to ensure that the CNMI continues to have a strong, stable and able Executive Branch.

The NMI Constitution provides a rule of succession on governorship and lieutenant governorship. Article III Section 7 of the NMI Constitution reads:

“Section 7: Succession to the Governorship and Lieutenant Governorship. In case of the removal, death, or resignation of the governor, the lieutenant governor shall become governor and the president of the Senate shall become lieutenant governor. If the offices of governor and lieutenant governor are both vacant, the president of the Senate shall become acting governor and the speaker of the House shall become acting lieutenant governor. An acting governor or lieutenant governor who assumes office when more than one year remains in the term may serve only until a governor or lieutenant governor is chosen in a special election provided by law.”

However, there are different interpretations and opinions of this constitutional provision if and when Inos resigns more than a year before the end of his supposed term in January 2019, among other things.

How long will Lt. Gov. Ralph DLG. Torres serve as governor and Senate President Victor Hocog (R-Rota) as lieutenant governor? Will Torres and Hocog serve in temporary or permanent capacities? Will Torres occupy the governor’s post “only” until a special election is held to elect a new governor, since there’s still more than a year left before the end of Inos’ term? Or will Torres serve the remainder of Inos’ term until January 2019?

Has anyone sought the opinion of the courts on this? What does Attorney General Edward Manibusan have to say on the matter of succession?

The NMI Constitution also provides the procedure for a declaration of vacancy for the position of governor. Article II Section 8 (b) states:

“When the governor is unable to discharge the duties of the office by reason of physical or mental disability, the lieutenant governor shall be acting governor. If the lieutenant governor is unavailable, the presiding officer of the Senate shall be acting governor. If the person next in succession to the governor has reason to believe that the governor is unable to discharge the duties of the office, that person shall file a petition to declare a vacancy with the Commonwealth appeals court or the United States District Court if no Commonwealth appeals court has been created under article IV, section 3. The court has original and exclusive jurisdiction to determine all questions regarding the disability of the governor and the existence of a vacancy in the office of governor.”

The third sentence allows for Torres, as the person next in succession to the governor, to file a petition with the U.S. District Court to declare a vacancy if he has reason to believe that Inos is unable to discharge the duties of his office. So far, Torres has not done so.

One can only guess whether a lack of petition with the court, from Torres, is meant partly to avoid putting the spotlight on a possible special election because there’s no guarantee Torres can win such a special election and therefore cannot continue to run the government—as what others believe he has been doing all along anyway.

Unlike former governor Benigno R. Fitial who resigned days before his impeachment trial on charges of felony, neglect of duty and corruption, Inos’ serious battle is with his own health and we wish him a speedy recovery.

Inos owes it to himself, his family, supporters and the whole CNMI to decide now whether he will still continue to hold on to his position, though he has spent considerable amount of time off-island for health reasons and away from his duties.

Deciding now will allow the Commonwealth to move forward, transition to the next phase, or head in a different—hopefully much better—direction than where it is now.