House kills Article 12 initiative

Acting speaker Frank Dela Cruz (Ind-Saipan), left, gestures as he explains the intent of his initiative amending Article 12 or the land alienation provision of the NMI Constitution, while Rep. Antonio Benavente (Ind-Saipan), right, looks on during yesterday afternoon’s session. By a vote of 14-2, Dela Cruz’s initiative was defeated. (Haidee V. Eugenio)

By a vote of 14-2, the House of Representatives killed yesterday an initiative amending the NMI Constitution provision that restricts land ownership only to people of Northern Marianas descent. The vote came a day after community members testified on the initiative—some in a dramatic way either by ripping apart or tossing aside a copy of the proposed Article 12 amendment in front of lawmakers.

Acting speaker Frank Dela Cruz (Ind-Saipan) said his initiative’s defeat means, among other things, that the House didn’t give NMD voters a chance in November to decide for themselves whether to continue to subject their land to Article 12 for “at least 25 years” before that mandatory restriction could be removed.

“I was somewhat surprised, but it is what it is. I respect each member’s decision in voting how they voted. I believe they felt the NMD voters shouldn’t be given that opportunity to at least air their decision on the ballot, but still I respect that,” Dela Cruz told Saipan Tribune after the session.

Passing the initiative at the House and Senate would have only meant that the Article 12 question will be placed on the ballot for voters’ ratification.

The only two votes to pass House Legislative Initiative 18-4 came from Dela Cruz and Rep. Teresita Santos (R-Rota).

At least 14 “yes” votes were needed to pass the initiative.

Santos said during the session that many of those who testified on the initiative on Rota wanted to be given a “chance” to decide on land ownership.

Rep. Tony Sablan (Ind-Saipan) voted “present.”

He later said he’s not advocating for Article 12’s change or not, but an Article 12 decision should be at least presented to voters.

Three House members were either off island or not present at the time of voting: House Speaker Joseph Deleon Guerrero (Ind-Saipan), Rep. Ralph Yumul (Ind-Saipan), and Rep. Janet Maratita (Ind-Saipan).

The 14 votes to defeat HLI 18-4 were from Reps. Antonio Agulto (Ind-Saipan), Roman Benavente (Ind-Saipan), George Camacho (R-Saipan), Trenton Conner (Ind-Tinian), Ralph Demapan (Cov-Saipan), Felicidad Ogumoro (R-Saipan), John Paul Sablan (Cov-Saipan), Richard Seman (R-Saipan), Ray Tebuteb (Ind-Saipan), Edmund Villagomez (Cov-Saipan), Antonio Benavente (Ind-Saipan), Larry Deleon Guerrero (Ind-Saipan), Christopher Leon Guerrero (Cov-Saipan), and Mario Taitano (Ind-Saipan).

During discussion on the initiative, which began at 2:29pm, members took turns explaining their positions on HLI 18-4.

Seman, during the session, said the initiative, if ratified by voters, “is almost a pathway to full removal of Article 12.” Tebuteb echoed this. But Seman said he supports amending the blood quantum requirement.

“We cannot afford to let go [of our lands],” Seman said. “We don’t have anything to fall back on.”

Leon Guerrero said land owners can still lease their private lands for up to 55 years, “enough to enjoy life,” and to eventually pass these lands on to their children, grandchildren, and so on.

Demapan, for his part, said as leaders, they have “an obligation to preserve our culture at all cost…to ensure [land] ownership remains with NMDs.”

Dela Cruz said the initiative does not seek to abolish Article 12, but rather gives landowners an option whether to keep the mandatory land ownership restriction or not.

He said even if voters ratify the initiative, the final decision still rests with landowners, whether they want to continue to subject their property to Article 12 or not.

Under the initiative, the Article 12 restriction would be in place for at least 25 years before it could be removed. The initiative gives each landowner the option of either accepting or rejecting the restrictions of Article 12 with respect to their land.

If they so choose, landowners have to file a declaration of restriction describing the property with the Commonwealth Recorder’s Office.

At least 25 years after the filing, the owner in fee simple of restricted property may remove the restriction by filing a declaration to remove that restriction.

Camacho, during the session, said Article 12 is “not a problem” but a “protection.”

“We should stop messing around with it,” he said.

Dela Cruz said lawmakers are “shortchanging our people of Northern Marianas descent” by not giving them a chance to vote on the Article 12 question.

Ogumoro countered by saying, “as leaders…we owe it to our people to protect them.”

House members conceded that Article 12 remains a sensitive and divisive issue in the CNMI.

Others also said it was the reverse of what happened with the Saipan casino bill that passed the House and Senate, even though some members wanted it to be put on the ballot for voters to decide.

Other Article 12 initiatives

Despite the defeat of Dela Cruz’s initiative, there’s already one Article 12 initiative that will be on the ballot for voters to decide in the November election—amending the 25 percent NMD blood requirement.

This one is authored by Ogumoro, allowing any U.S. citizen with “at least some degree” of Chamorro or Carolinian blood to be considered a person of Northern Marianas descent who can own land in the CNMI.

Ogumoro said her measure, once ratified by voters, will help ensure that NMDs will be able to pass on their land to their children, grandchildren, great grandchildren, and so on, even if they fall below the current 25-percent NMD blood requirement.

Meanwhile, the Citizens for Change of Article 12 also launched a signature drive to place an Article 12 question on the ballot this November, whether they want to retain or remove the mandatory restriction.