Manglona pleads for mercy • Senate shelves resolution to save colleague from embarrassment

Senators have balked at a proposal to squeeze Sen. Herman M. Manglona to a potential liability of more than $4.5 million to be incurred by the CNMI government under a consent decree forged with the U.S. district court over a land clearing dispute on Tinian.

A resolution expressing Senate sentiment that Manglona should be held personally liable for the penalty was ditched at the last minute after the embattled senator pleaded against the move, according to sources.

But the Tinian senator was unperturbed, refusing to comment when asked about the Senate action. The resolution was offered by Sen. David M. Cing, from Tinian, who also declined to give statements.

The resolution stemmed from the lawsuit filed against Manglona in 1995, who was then serving as Tinian mayor, over a land clearing project and other activities conducted on a piece of property owned by the U.S. government.

The civil case alleged several violations, including trespassing, damage to natural resources and environment as well as unearthing of cultural, historical and archeological artifacts.

A consent decree, however, settled the suit, imposing penalty estimated at $4.5 million to be paid by the Commonwealth government, according to the resolution.

Cing claimed in his resolution the land clearing did not benefit Tinian residents, only some unnamed individuals or corporations who generated revenues from these activities through equipment rental business.

But an earlier resolution passed by the Senate in 1994 indicated the clearing project improved access in some roads on Tinian, while expressing appreciation by residents on the assistance provided by JG Sablan Enterprises to offer free use of its equipment.

The resolution was signed by Cing, who was the Senate Legislative Secretary during the Ninth Legislature.

A letter by acting Attorney General Maya B. Kara to Manglona also belied claims that the island government has owed the U.S. monies under the consent decree.

The agreement stipulated that, in lieu of payment, the defendants (Manglona) will “maintain, manage and control… the roadways in the Tinian lease area and the ‘Tinian Historic Interpretative Trail’ and (other) historic sites,” Kara quoted it as saying.

“The decree calls for stipulated damages of $1,000 or $5,000 per day for certain violations,” she told Manglona, “but there has been no allegation of any type of violation of the decree, so no money has been paid.”

According to the acting AG, the accord is effective for five years, subject to modification every two years, to which Kara said there has been no change yet.