Davis dismisses legislative leaders from his lawsuit

John H. Davis Jr. yesterday removed Senate President Paul A. Manglona (Ind-Rota) and House Speaker Eliceo D. Cabrera (R-Saipan) from his lawsuit that seeks to allow U.S. citizens who are not of NMI descent to vote on any issues relating to Article 12.

Davis, through counsel Jeanne H. Rayphand, filed the notice of dismissal against Manglona and Cabrera in the U.S. District Court for the NMI.

In the one-sentence notice, Davis only stated that the two are being dismissed from the case pursuant to the Federal Rules of Civil Procedure.

In a phone interview, Rayphand explained that they initially included Manglona and Cabrera in the lawsuit to give them a chance to say whatever they want about those laws, thinking that they have an interest in participating in the lawsuit.

Manglona and Cabrera had both filed a motion to dismiss them from the court action.

“Apparently they have no interest in participating so we just dismissed them. If they don’t want to participate that’s fine with us,” the lawyer said.

Manglona and Cabrera, through counsels Antonette R. Villagomez and Joseph L. G. Taijeron Jr., filed on Tuesday the motion to dismiss the lawsuit or claims against them.

Manglona and Cabrera asserted that Article 12 is based not on blood quantum nor race but political status. The two also said that Davis lacks standing to bring the lawsuit.

Manglona and Cabrera argued that as CNMI legislators, they are immune from civil claims for actions taken in their official capacities, regardless of whether those claims seek monetary damages or prospective declaratory or injunctive relief.

With their dismissal, that leaves Commonwealth Election Commission chair Frances M. Sablan, CEC executive director Robert A. Guerrero, and Gov. Benigno R. Fitial as co-defendants in the lawsuit.

Davis, a vice principal at Marianas High School, wants the court to declare that Article 18 Section 5(c) of the CNMI Constitution violates the 14th and 15th Amendments of the U.S. Constitution and is invalid, null, and void.

Article 12 limits landownership in the CNMI only to those of NMI descent. It is up for voters’ review this November election.

Article 18 Section 5(c) states that “in the case of a proposed amendment to Article 12, the word ‘voters’ shall be limited to eligible voters under Article 7 who are also persons of Northern Marianas descent as described in Article 12 Section 4, and the term ‘votes cast’ as used in subsection 5(b) shall mean the votes cast by such voters.”

Davis wants the court to bar the defendants from denying him and other U.S. citizens who are not of NMI descent the right to vote.

In Manglona’s and Cabrera’s motion to dismiss, Villagomez and Taijeron that that in 1999, the issue of whether to allow persons of NMI descent to vote on Article 12 was fairly presented to the entire electorate, regardless of race.

Villagomez and Taijeron said that Davis and all other non-NMDs were given the reasonable opportunity to voice their opinion at the open polls.