Atalig revokes drawdown’s authorization

Finance Secretary Fermin M. Atalig has revoked his authorization on the drawdown of some $3.45 million for the Malite heirs, providing one more stumbling block for the family that had hoped to get the money this year.

Even if Superior Court judge Juan T. Lizama denies the request of attorney general Pamela Brown for a preliminary injunction on the release of the funds during a scheduled hearing today, there would be no way now for the Malite heirs to get the money before Christmas.

Atalig yesterday revoked his authorization on the drawdown of funds from the government’s land compensation account, citing significant legal questions that are pending before the court as justification for his revocation.

“These issues are currently before the court for determination, and until they have been resolved, it would be inappropriate to release these funds,” Atalig said, in a letter to CDA executive director Maria Lourdes S. Ada.

“This letter shall serve as revocation of my authorization of the associated requisition, and you are instructed not to process this payment until you receive specific additional approval from me,” the secretary added.

The court had scheduled a hearing on the attorney general’s request for a preliminary injunction after denying another request to extend its temporary restraining order’s effectivity, which expires today.

In filing the request for preliminary injunction, Brown’s attorneys, Benjamin Sachs and Jeanne Rayphand, asserted that CNMI government would suffer irreparable injury if the monies were released for an allegedly spurious land compensation claim.

Rayphand said that, if the court does not prevent it, the funds would be drawn down from the land compensation account and would be disbursed.

She said the defendants are not likely to be capable of repaying the $3.45 million, thereby depriving the government’s land compensation and general funds of monies that could be used for other purposes.

According to her, the government is likely to succeed on the merits, noting that the Trust Territory court, which awarded $3,682 to the Malite estate, had decided the claim with finality in 1978.

Malite estate attorney Pedro Atalig earlier said the TT government treated the Malite heirs like animals when it awarded only a small amount for condemnation of about 6,900-sqm of land. He also accused the CNMI government of continuing the allegedly inhumane treatment by the TT government, when the attorney general blocked the release of the claim by filing the lawsuit.