High Court places Atalig’s appeal under advisement

The CNMI Supreme Court yesterday placed under advisement the appeal filed by defeated Rota mayoral candidate Vicente Manglona Atalig on the trial court’s dismissal of his election challenge.

Former Associate Justice and Lt. Gov. Jesus Borja and former Presiding Judge Edward Manibusan joined Associate Judge Juan T. Lizama in the appellate panel as justices pro tempore.

Unlike the Superior Court proceedings where emotions were high, the counsel from all parties calmly argued the respective positions of their clients.

Most of those who attended the hearing were relatives and supporters of Rota mayor-elect Joseph Songao Inos.

Attorney Stephen C. Woodruff, counsel for Atalig, asserted, among other things, that there is no question that the election complaint was filed not within the seven-day period, but within the 15-day deadline provided by law.

Woodruff argued that Superior Court Associate Judge Kenneth Govendo is wrong when he dismissed the election protest on grounds that it was time-barred because it was filed outside the seven-day time limit set forth in the statute.

“That’s not what the statute says,” the lawyer pointed out. “The question is what the Commonwealth Election Commission did in this case. The appellees want to rewrite the law.”

In response to Lizama’s question whether Atalig wants a lenient application of election law, Woodruff said that what they are asking for is the strict and exact application of the law.

Assistant attorney general Arin Greenwood, counsel for CEC and its commissioners, reiterated their position that the law is clear that an election protest must be filed within seven days.

“You cannot just sit on it and wait to get a better complaint,” Greenwood said.

Attorney Perry Inos, counsel for his father Joseph Inos, said the fact alone that Atalig knew that there were 72 ballots that were not counted should alarm him [Atalig] enough to run to the court.

“Why did he wait? Why did he wait that long?” asked Perry Inos, adding that actual prejudice is not required at all in filing an election protest.

Perry Inos was still delivering his arguments when the Saipan Tribune left the courtroom late yesterday afternoon.

Atalig filed the lawsuit demanding a court action to count the 72 unopened ballot envelopes. He sued CEC, its commissioners and Joseph Inos. Atalig got 11 more votes than Jospeph Inos.

Govendo dismissed the lawsuit.