Succession crisis

I have written extensively on the point that our Commonwealth has wedged itself in a succession crisis following the passing of our late governor a few weeks ago. I called upon the electorates for their attention that the whole problem actually started by the irresponsible rule of succession opinion made by the OAG and the elected AG. This compounded by the complete silence of our elected leaders of our Legislature that remains so mystically unexpected, and continues to mock the electorates.

Understandably, the Executive Branch saw the need for take over of power of governorship within hours after the passing of our governor even while our late governor was still receiving the first prayer of rosary at his bedside.

The CNMI Constitution made clear that the executive power shall be vested in a governor, and that no person may be elected governor more than twice. The last sentence of Section 7 of Article lll of the CNMI Constitution states, “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.” The vesting of the power of governor office is the only entity that is solely subject by election. The vesting of the lieutenant governor office could be sanctioned by appointment by the governor, or by election, or by succession in the line of succession and followed by the resignation of the person holding the president of the Senate office. These questions beg for clarification and answer, and it seems going for a judicial decision on the matter is the best option to resolve the issue of “elected” governor, or as in the present case the legitimacy of a person to hold office of governor without being elected to office by implication of law under the CNMI Constitution.

I am not able and ready to pursue moving this matter to a court of competent jurisdiction. First, I do not have the financial ability to pay for the cost of litigation. Second, as a layperson, I do not have the legal capacity to put together the argument following court procedures and rules, and how best to address all the legal, statutory and constitutional issues concerning all these. I do feel that this is an important societal and governmental matter that requires much needed resolution. This is a learning and teachable defining moment of our government and governance, and hoping that all those affected will view this as just that. If anyone who thinks this is a worthy cause and able to get this off the ground, that will be a welcome contribution for the restoration of the sovereignty of governing to the electorates of our great Commonwealth. With this in mind, I do volunteer to be included as a principal litigant for this effort. I am temporarily not on-island, and could be reached at telephone numbers 235-2485 or (360) 481-2710.

Francisco R. Agulto
Kanat Tabla, Saipan