House legal counsel: Babauta’s case weak

The House of Representatives has a strong case to defeat the complaint filed by Representative to Washington Juan N. Babauta contesting its decision to transfer his office outside the Legislature building in Capitol Hill.

Steve Mackenzie, the House legal counsel, said yesterday that he will be filing appropriate documentation to support its claims before the Superior Court hears the case next week.

“I have reviewed the complaint. It’s full of factual inaccuracies,” he told in an interview. “I don’t want to comment what motivated it, but certainly it was not the facts or the law.”

Associate Judge Juan T. Lizama on Friday issued a temporary restraining order (TRO) to halt the relocation, after Mr. Babauta, through his lawyer John M. Chambers, filed the complaint just hours before the deadline set by House Speaker Benigno R. Fitial.

He set a hearing date on May 15 to hear issues relating to the TRO’s extension or termination and any request for a preliminary injunction.

The complaint is seeking to stop the transfer as well as to pay undetermined damages, attorney’s fees and costs and to issue other legal and equitable relief deemed appropriate by the court.

The TRO allows the representative’s office to remain in its present location at the front of the Legislature building. Judge Lizama also prohibits the House from forcing Mr. Babauta or his employees and their possessions out of the public building as well as harassing or interfering with the operations of the office.

The House leadership has been asking Mr. Babauta to vacate the space since January 31 as it has been allotted to Rep. Martin B. Ada who is currently sharing office with Rep. David M. Apatang. Mr. Fitial was forced to send a final notice last Thursday after two initial requests went unheeded.

Based on documents submitted to the court, Mr. Babauta claimed they are awaiting renovation on another government property assigned as official residence of the House Speaker and located also in Capitol Hill before they can transfer.

The complaint, however, alleged Mr. Fitial or any member of the House does not have the authority to order transfer of Mr. Babauta’s office since the Legislative Bureau director has the sole responsibility to the building.

“The House leadership extremely has a strong case in this matter,” said Mr. Mackenzie. “We will be filing appropriate documentation in the very near future.”

Mr. Babauta alleged in the complaint that there is enough space to hold all 18 House members, noting that Rep. Brigida DLG. Ichihara now occupies offices used to be assigned to Rep. Heinz S. Hofschneider and former Rep. Benet Seman.

But Ms. Ichihara’s office is situated in the small room one occupied by Ms. Seman, while Mr. Hofschneider’s office has been converted into a conference room where committee meetings are being held.