Fitial challenges Babauta’s motion

House Speaker Benigno R. Fitial, through the House legal counsel Steve Mackenzie, filed counter affidavit yesterday before the Superior Court, challenging a motion sought by Representative to Washington Juan N. Babauta to stop the transfer of his office from the Legislature building in Capitol Hill.

He asked the court to strike claims contained in the complaint lodged last week by Mr. Babauta, through his lawyer John M. Chambers, and to deny his motion for injunctive relief and for monetary damages.

The counter affidavit stemmed from the complaint asking the court to bar the House leadership from relocating Mr. Babauta’s office outside the legislative building on grounds that it has no authority to do so.

The Washington Representative sued Mr. Fitial, in his capacity as the House Speaker, hours before the expiration on May 5 of the latter’s final notice ordering him to vacate the office he has been occupying for the past several years.

The space has been assigned by the House leadership for use by Rep. Martin B. Ada who has been sharing an office with Rep. David M. Apatang since their inaugural last January.

Associate Judge Juan T. Lizama has issued a temporary restraining order to halt the transfer. He set a hearing date on other motions of the complaint on Monday.

But the defendant is now asking the court to lift the TRO, noting that the plaintiff has failed to present sufficient evidence to meet the legal standard necessary for the issuance of an injunction.

In addition, the plaintiff’s counsel has failed to state reasons why no notice to the defendant should have been given prior to the issuance of the order as well as to justify it when there was no specific statement outlining irreparable and immediate harm to the complainant, according to the court papers.

Submitting sworn statements signed by Legislative Bureau Director Jesus Lizama and former House Speaker Vicente M. Sablan, Mr. Fitial said assigning of offices within the Legislature building still rests with presiding officers of both chambers.

Mr. Babauta has claimed in his complaint that the Legislative Bureau director has the sole authority over the building. But Mr. Lizama, in his affidavit, said he has never assigned an office to any member of the Legislature or staff during the past two years that he has been assuming the post.

He added that all office assignments have been made with the Speaker and the Senate President and that he has no knowledge of any agreement providing a space for Mr. Babauta even when he was still the administrative officer of the bureau for the past four years.

On claims by the plaintiff that he had incurred $30,000 for renovation of the disputed office, Mr. Lizama said he has no specific knowledge as well.

Mr. Babauta is demanding reimbursement for that costs if and when he transfers his office to the official residence of the Speaker also located in Capitol where he expects to incur over $70,000 in renovation.

Mr. Sablan, on the other hand, said it has been the policy of the House to grant authority to the Speaker to assign offices to members.

As for the declarations attached to Mr. Babauta’s complaints, the defendant asked the court to strike them since they have no legal basis for admission and are immaterial to the case. (BS)