Lang to seek judicial opinion • Ex-governor wants hearing postponed By MAR-VIC CAGURANGAN Staff Reporter

Former Governor Froilan C. Tenorio intends to seek judicial intervention to settle the issue as to whether or not he is entitled to government legal representation, his lawyer Timothy Skinner said yesterday.

Tenorio yesterday asked the Superior Court to postpone the scheduled hearing for his motion for reconsideration on Special Judge Benjamin Cruz’s 1997 ruling which found him liable for misuse of public funds.

Tenorio asked the court that the hearing, which is scheduled for Nov. 10, be taken off calendar until the legal assistance issue is resolved.

Skinner said he will represent Tenorio only in his motion to request for indemnification and government legal assistance, and not on the appeal of the 1997 decision.

The case stemmed from the $12.4 million taxpayers’ lawsuit filed by Jeanne Rayphand, which accused Tenorio of spending public funds without legislative appropriation in 1994 when he was governor.

Tenorio has asked the present administration to provide him legal assistance for his appeal, but officials had denied his request.

Acting Atty. General Maya Kara said the former governor has to hire a new lawyer and pay for his own defense.

Kara maintained that since the court has ruled against Tenorio, the government is no longer bound to continue providing him legal services.

A recent ruling by Superior Court Special Judge David Wiseman has clarified the legal assistance issue.

Wiseman ruled that former public officials who were sued for their actions during their term in the government and within the scope of their official duties are entitled to government legal defense.

Wiseman issued the ruling last Aug. 2 in response to the motion for summary judgment sought by former Atty. General Robert C. Naraja and former Procurement and Supply Director David M. Apatang, who is now a member of the House of Representatives.

Wiseman invoked the Public Employee Legal Defense and Indemnification Act of 1986 in upholding Naraja’s and Apatang’s demand for public legal representation.

Apatang and Naraja were charged by the CNMI government as third-party defendants in a civil action for breach of contract filed by building owner Joaquin M. Manglona against the CNMI government in connection with a 10-year lease of office space in Nauru building in Susupe.

The government said Naraja and Apatang should be liable for the lease problem as they were the ones who had certified the contract.

Wiseman said the government may only demand indemnification claims against public employee if the liability did not arise out of his public duty, and that if the employee acted with “actual fraud and with actual malice or willful criminal misconduct.”