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Babauta: Fitial’s disaster declaration found lawful
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Posted on Aug 20 2008
Rep. Oscar M. Babauta disclosed yesterday that the House’s legal counsel has come out with an opinion finding Gov. Benigno R. Fitial’s declaration of a state of disaster emergency lawful.
Babauta said an internal memorandum from the House’s legal counsel show that Speaker Arnold Palacios had asked one of the chamber’s lawyers to review Fitial’s executive order declaring the state of disaster emergency for the Commonwealth.
“As a result of that request by the Speaker, the counsel is in concurrence with the governor’s carrying out the state of disaster,” the lawmaker told Saipan Tribune.
Babauta said what attorney Joe Bermudes essentially asserted is that what the governor did was legal pursuant to the authorities and powers granted him by the CNMI Constitution and laws.
Babauta is a party-mate of Fitial under the Covenant Party.
Palacios had expressed concern over the legal implications of Fitial’s declaration of a state of disaster emergency.
In his instructions to House lawyers, Palacios told them to review Executive Order 2008-10 and provide a legal analysis to the lower chamber. He said he wanted a clear briefing on what the legal implication of the executive order are.
Fitial issued the executive order on Aug. 1, declaring a state of disaster emergency for the CNMI, citing that one of the power engines at the Commonwealth Utilities Corp.’s Power Plant 1 in Lower Base could explode at any time, maiming or killing power plant workers.
The declaration had caught some lawmakers by surprise, including Sen. Paul Manglona, who chairs the Committee on Public Utilities, Transportation and Commission. Manglona said the executive order was signed on Aug. 1, but he only became aware of it on Aug. 14.
Manglona had questioned whether there are other contracts being signed using this declaration of emergency.
But the Fitial administration has assured that CUC under the new leadership of executive director Tony Muna will not allow improper contracts to be executed.
