Quichocho reversed AG opinion in favor of Demapan

Documents showed that, despite the Attorney General Office’s earlier finding that his contract was invalid, the Marianas Public Lands Authority paid then returning comptroller David S. Demapan over $11,000 in 2002 for appraisal work.

The reason: then newly hired MPLA legal counsel Ray Quichocho said so and his opinion was pushed by the MPLA board, which is headed by Demapan’s sister, Ana Demapan-Castro, as chairwoman.

Quichocho, who is found to have cornered some $600,000 in total compensation from MPLA in two years, reversed the October 2001 opinion of AGO civil litigation chief L. David Sosebe who had said that Demapan’s 1993 appraisal work contract with MPLA was invalid under Commonwealth law.

Sosebe said it was invalid since it did not comply with the Commonwealth Procurement Regulations, which require that it must be awarded by competitive bid.

He further said that, as found by the court, the contract was neither signed by the governor nor the attorney general.

“Because the contract is invalid, payment of any amounts claimed …would be in violation of Commonwealth law. …There is no basis for payment of Mr. Demapan’s claims,” said Sosebe.

This came three months after then presiding judge Ed Manibusan issued a decision on the Demapan case, saying that the government failed to carry its burden of proof.

When Sosebe’s opinion was issued, Quichocho was an assistant AG.

A year later on Oct. 17, 2002, Quichocho, now an MPLA legal counsel, issued an opinion that MPLA is obligated to pay Demapan “on the basis of good faith and fair dealing.”

“It is my opinion that the board may compensate Mr. Demapan for the work he performed under the Appraisal Review Contract,” said Quichocho on Oct. 17, 2002.

On Oct. 18, 2002, board members Manny Villagomez, Pete Igitol, and Pedro Atalig instructed then MPLA commissioner Bertha Deleon Guerrero to pay off Demapan for his billing of $11,900.

Years back, Demapan, had received $103,000 under the appraisal contract, which the government had wanted returned due to questionable issues.

Instead of paying back the government, Demapan, who now sits again as MPLA comptroller, had the agency pay him more.

The government had accused Demapan of illegal use of credit card—unauthorized charges and personal travel—and receiving a per diem at a higher rate than authorized by MPLC.

The government also accused him of conflict of interest for attending real estate appraisal seminars paid for by MPLC while employed as Comptroller to secure a contract as appraisal reviewer.

Demapan resigned as comptroller on July 9, 1993 and signed an appraisal review contract on July 12, 1993.

This contract was terminated following the filing of a lawsuit against him.

Ten years later or in December 2003, Demapan was hired back by MPLC’s successor, MPLA, as comptroller, receiving a $57,000 annual salary. He now earns $71,400 a year.