‘Ask CUC’s Mendiola to resign or go to court’

The Babauta administration can resolve the issue over the Rota Commonwealth Utilities Corp. board member seat by securing Martin Mendiola’s resignation or having the Attorney General’s Office seek clarification from the court, according to the CUC legal counsel.

Attorney Robert Torres, who had been instructed by the CUC board’s chief legal counsel Edward Manibusan to review the matter, said the law is ambiguous as it applies to the case of Mendiola, who has been appointed resident director while sitting on the CUC board.

The Constitution, he said, was clear that a confirmed resident director cannot serve as a member of a Commonwealth-wide board or commission.

However, the statute does not state how the restriction applies to a reverse situation such as that of Mendiola, who was already a CUC board member when he was nominated and assumed the position of a resident director.

Torres noted that Gov. Juan N. Babauta effectively waived this restriction when he nominated Mendiola to the CUC post in November 2004. Mendiola, at that time, was employed as the special assistant to Rota Mayor Benjamin Manglona.

The dispute over the Rota board member seat arose from the administration’s appointment of Laura Manglona, supposedly to replace Mendiola, who was confirmed by the Rota Municipal Council as the new resident director of the Department of Commerce for Rota on Feb. 18, 2005.

Mendiola maintains that he remains the official Rota representative to the board, as he has not resigned from his position. He also expressed intent to continue participating or attending CUC board meetings.

To resolve the problem, the Governor’s Office should give notice to the CUC board as to Manglona’s confirmation and at the same time, secure Mendiola’s resignation given his acceptance of the post of Department of Commerce resident director for Rota, Torres said.

Further, the AGO should seek a writ of quo quarranto from the court to determine which person has legal right to represent Rota on the board.

“If Mr. Mendiola asserts lawful title as a CUC board member, then a quo warranto would be filed by AGO on behalf of the people and the person being challenged bears the burden of proving the legitimacy of his or her claim to the title,” Torres said. “The quo warranto also [aims] to prevent officers illegally appointed or elected from performing the duties of the office. If the situation occurs or a dispute arises, the quo warranto action would be the only way to resolve the scenario.”