In re the Matter of Pangelinan
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledDecember 18, 2019
Docket2017-SCC-0010/0011-CIV
JudgeCastro, Manglona, Inos
StatusPublished
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Full Opinion
IN THE
SUPREME COURT
OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
IN THE MATTER OF THE ESTATE OF NORBERTO EDUARDO PANGELINAN,
Deceased.
Supreme Court No. 2017-SCC-0010/0011-CIV
Superior Court No.15-0169
ORDER DENYING MOTION FOR RECONSIDERATION
Cite as: 2019 MP 12
Decided December 18, 2019
John S. Pangelinan, Pro Se, Saipan, MP, Appellant.
Janet King, Saipan, MP, for Appellee.
In re Estate of Pangelinan, 2019 MP 12
BEFORE: ALEXANDRO C. CASTRO, Chief Justice; JOHN A. MANGLOÑA,
Associate Justice; PERRY B. INOS, Associate Justice.
PER CURIAM:
¶1 Appellant John S. Pangelinan (“Pangelinan”) seeks reconsideration and
rescission of the Order Granting Motion to File a Late Brief (“Order Granting
Late Filing”) and the Order Denying Motion to Strike and Instructing Appellant
to Register as Electronic Filing Service Provider User (“Order to Register”).
¶2 For the following reasons, we DENY reconsideration of the Order Granting
Late Filing and the Order to Register.
I. FACTS AND PROCEDURAL HISTORY
¶3 The trial court rendered a number of orders in the probate case In the
Matter of the Estate of Norberto Eduardo Pangelinan. These included orders to
set hearings, orders denying reconsideration, orders determining heirship, and an
order rendering the final distribution. Pangelinan appealed a number of those
orders.
¶4 Thereafter, Pangelinan filed his opening brief. The Estate then moved for
an automatic extension to file its response brief, which we granted. The new
deadline for the Estate’s response brief was January 2, 2018. On January 8, 2018,
the Estate submitted a motion to file a late brief, which we also granted. The next
day, the Estate filed its response brief.
¶5 Pangelinan moved to strike, or alternatively, construe the Estate’s
response brief as untimely, which the Estate opposed. Concurrently, the Estate
filed a motion for an order directing Pangelinan to register as an Electronic Filing
Service Provider (“EFSP”) user. We issued the Order to Register, to which
Pangelinan responded by filing this motion for reconsideration.
¶6 In the Order to Register, we ordered Pangelinan to register as an EFSP
user because he failed to provide good cause for alternative service or prove e-
service was impossible, inappropriate, or unavailable. In re Estate of Pangelinan,
2018 MP 6 ¶ 17. Throughout this appeal, Pangelinan electronically filed (“e-
filed”) his notices, briefs, and motions using the Public Access Terminal. Id. ¶ 5.
Pangelinan has been served the Court’s orders “over the counter” by Deputy
Clerk of the Supreme Court. See, e.g., Certificate of Service, No. 2017-SCC-
0011-CIV (Aug. 22, 2018). Janet H. King, Glennis Y. Gamboa, Mary Bernadette
S. Cabalza, and Rainaldo Agulto, all on behalf of the Estate, submitted
declarations in opposition to Pangelinan’s Motion to Strike. In her Declaration,
Glennis Gamboa states she called Pangelinan on the days the Estate filed its
Motion to File an Out-of-Time Brief and its answering brief so that he could
come by counsel’s office to pick up copies of the filings. Opposition to John S.
Pangelinan’s Motion, Declaration of Glennis Y. Gamboa, App. B at 1. When
Pangelinan failed to answer, she left voicemails. Id. Rainaldo Agulto, a process
server for the Estate, also declared that he attempted to serve the filings on
Pangelinan at his house several times on January 26, 2018, but Pangelinan’s
children told Agulto Pangelinan no longer lived there. Opposition to John S.
Pangelinan’s Motion, Declaration of Rainaldo Agulto, App. D at 2. He also
attempted service at Pangelinan’s brother-in-law’s house, to no avail. Id. Agulto
then attempted service and called Pangelinan at various times, but could not
locate or get in contact with him. Id. When Pangelinan finally returned the
In re Estate of Pangelinan, 2019 MP 12
Estate’s phone calls, he told Mary Cabalza, Legal Assistant to the Estate’s
counsel, that he did not want the documents, they were already late, and that the
Estate could “hold it, keep it, throw it, I don’t care what you do with it, I don’t
want it.” Opposition to John S. Pangelinan’s Motion, Declaration of Mary
Bernadette Cabalza, App. C at 2.
II. STANDARDS OF REVIEW
¶7 We review the motion to reconsider the Order to Register, decided by three
justices, “for an intervening change of controlling law, the availability of new
evidence, or the need to correct a clear error or prevent manifest injustice.”
Commonwealth v. Guerrero, 2014 MP 4 ¶ 2. We review the motion to reconsider
the Order Granting Late Filing, a single justice’s order resolving a motion, de
novo. Commonwealth v. Guerrero, 2014 MP 2 ¶ 2.
III. DISCUSSION
A. Order Granting Late Filing
¶8 Pangelinan raises a number of issues with regard to our Order Granting
Late Filing. Despite this, we reject Pangelinan’s arguments and write to clarify
the extension and late filing rules.
¶9 NMI Supreme Court Rule 31-1(b) recognizes late filing of briefs, allowing
late filing “only with the permission of the Court, on such conditions as the Court
may order.” Motions to file a late brief, however, are “highly disfavored where a
motion for a discretionary extension could have been filed but was not, or was
filed and denied.” NMI SUP. CT. R. 31-1(b). To assess whether the motion to file
a late brief is “highly disfavored,” we must first establish the Estate (1) could
have filed a motion seeking a discretionary extension but failed to do so, or (2)
filed a motion for a discretionary extension that was denied. See Owens v.
Commonwealth Heath Center, 2011 MP 6 ¶ 14.
¶ 10 We begin by looking at NMI Supreme Court Rule 31-1 (“Rule 31-1”),
which governs extensions and late filing of briefs. Rule 31-1 allows parties to
move for one of two types of extensions. The first is an automatic extension,
which a party must request before the expiration of the time for filing a brief and
will not be granted if the party already requested and received an extension. NMI
SUP. CT. R. 31-1(a)(1)(A)(i)-(ii) and (B). A discretionary extension may not be
requested if the party receives an automatic extension. NMI SUP. CT. R. 31-
1(a)(1)(C). If an automatic extension of time has not been granted, discretionary
extensions may be granted, but are “disfavored and will only be granted in cases
of extreme need.” NMI SUP. CT. R. 31-1(a)(2). Other than the contents of the
motion and that the motion should cite the Rule, the Rules place no other
restrictions on discretionary extensions. Rule 31-1 then discusses late filing of
briefs, which can be filed only with the permission of the Court, on the Court’s
conditions.
¶ 11 The threshold issue is whether a motion for a discretionary extension could
have been filed. Rule 31-1(a)(1)(C) states that once an automatic extension has
been granted, the party cannot request, and the Court will not grant, a
discretionary extension. Here, the Estate requested and received an automatic
extension. Therefore, it could not request a discretionary extension. Rule 31-1(b),
regarding late filing of briefs, states a motion to late file will be highly disfavored
if a motion for a discretionary extension could have been filed but was not.
Because the rule does not preclude a party from late filing when an automatic
In re Estate of Pangelinan, 2019 MP 12
extension was filed and granted, late filing is permitted in that instance. Here, we
have established that because the Estate filed and received an automatic
extension, it could not file a motion for a discretionary extension. As a result,
neither of the conditions of Rule 31-1(b) are satisfied, so we need not reach the
question of whether the motion to late file was or is highly disfavored. Therefore,
though we modify our reasoning, the motion to late file was properly granted.
We thus deny reconsideration of the Order Granting Late Filing.
¶ 12 As Rule 31-1(b) currently reads, late filing is permitted, and the highly
disfavored standard applies, only in cases where a party failed to file for or were
denied a discretionary extension. We take this opportunity to sua sponte
announce that in order to safeguard the privileges of extensions and late filings
from abuse, we will analyze automatic extensions under the same highly
disfavored standard in the future. Parties must therefore demonstrate unique or
extraordinary circumstances to overcome the highly disfavored standard. Owens,
2011 MP 6 ¶ 16.1
B. Order to Register
¶ 13 We review the Order to Register for “an intervening change of controlling
law, the availability of new evidence, or the need to correct a clear error or
prevent manifest injustice.” Guerrero, 2014 MP 4 ¶ 2. Because Pangelinan
presents no intervening change in law and no new evidence, we review the Order
to Register for clear error. “‘A clear error exists only if after reviewing all the
evidence we are left with a firm and definite conviction that a mistake has been
made.’” Commonwealth v. Mendiola, 2017 MP 10 ¶ 9 (quoting Commonwealth
v. Crisostomo, 2014 MP 18 ¶ 8).
¶ 14 Rules are interpreted according to their plain meaning. See Peter-Palican
v. Commonwealth, 2012 MP 7 ¶ 6. When interpreting statutes or rules generally,
“‘all parts of an enactment should be harmonized with each other as well as the
general intent of the whole enactment, [with] meaning and effect given to all
provisions.’” Guerrero v. Dep’t of Pub. Lands, 2011 MP 3 ¶ 11 (quoting
Rebuenog v. Aldan, 2010 MP 1 ¶ 35). We turn to the NMI Rules for Electronic
Filing and Service (“E-Filing Rules”), which determine whether Pangelinan must
be registered as an EFSP user for e-filing and e-service. We particularly look to
Rule 3 and Rule 6 which governs the scope of the E-Filing Rules and the e-file
and e-service procedures, respectively.
¶ 15 Examining the E-Filing Rules confirms that appellate filings must be e-
filed and e-served. At the outset, E-Filing Rule 3.2 explicitly articulates that the
1
In applying that standard, events such as misunderstanding a filing deadline or failing
to manage workload does not rise to the level of conduct necessary to overcome the
“highly disfavored” standard. Id. at ¶ 19 (citing In the Matter of Ramona Satur
Taisacan, 2008 MP 6 ¶ 11; In re Roy, 2007 MP 28 ¶ 11; Babauta v. Babauta, 2004 MP
2 ¶ 6). Conversely, events beyond the control of the filing attorney, such as reliance on
an erroneous action by the court, an attorney’s illness or a death in the attorney’s family,
or a problem caused by the Court’s electronic filing system will overcome the highly
disfavored standard. Id. ¶ 20. Here, the Estate’s counsel requested an automatic
extension and confused the new deadline with a brief deadline in another case. This is
akin to misunderstanding a filing deadline, which would not have overcome the “highly
disfavored” standard.
In re Estate of Pangelinan, 2019 MP 12
Court “may at any time mandate electronic filing and service of pleadings in
designated cases.” (Emphasis added). E-Filing Rule 3.6 mandates that an appeal
is one of those designated cases that shall be filed and served electronically. To
do this, parties should e-file, either by registering on the system as an EFSP user
or by using the Public Access Terminal, per E-Filing Rule 3.8. Use of the Public
Access Terminal, however, does not require the party to register as an EFSP user.
The party uses the Public Access Terminal with the assistance of the Clerk of
Court, who logs into the system so the party can upload and file its papers.
Specifically addressing e-service, E-Filing Rule 6.6(e) states, in relevant part,
“[p]arties who register with the Court to use the EFSP for filing documents to a
case shall consent to receive e-service documents.” However, we do not construe
Rule 6.6(e) as giving a registered EFSP user the ability to opt out of e-service if
he refuses consent. Rather, we read E-Filing Rule 6.6(e) to mean that registered
users are deemed to have consented to e-service.
¶ 16 Reading the E-Filing Rules in harmony indicates that appellate filings
must be e-filed and e-served. Furthermore, a party necessarily consents to e-
service once he or she registers as an EFSP user. To interpret the E-Filing Rules
otherwise would render E-Filing Rule 3.6’s mandate meaningless. Thus, our
instructions to mandate Pangelinan to file and be served electronically in the
Order to Register comports with the E-Filing Rules.
¶ 17 Here, Pangelinan e-filed his documents using the Public Access
Terminal—not as a registered EFSP user. He, therefore, was not a registered
EFSP user that was required to consent to e-service. The Estate then made
multiple attempts to personally serve Pangelinan and called him to set up a
convenient method of service. Opposition to John S. Pangelinan’s Motion,
Declaration of Glennis Y. Gamboa, App. B at 1; Declaration of Rainaldo Agulto,
App. D at 2; Declaration of Mary Bernadette Cabalza, App. C at 2. The Estate
found Pangelinan no longer lived at his listed home address and failed to answer
the Estate’s phone calls. Id. The Estate then filed its motion ordering Pangelinan
to register as an EFSP user so it could serve him.
¶ 18 The Order to Register required Pangelinan to register as an EFSP user in
accordance with the E-Filing Rules set out above. There, we first looked to NMI
Supreme Court Rule 25(c), which states service must be effectuated according to
the E-Filing Rules “unless the Court orders otherwise or electronic service is
impossible, inappropriate, or unavailable.” In Re Estate of Pangelinan, 2018 MP
6 ¶ 8. We then explained motions to late file and response briefs fall within the
types of documents required to be e-filed and e-served under E-Filing Rule
3.6(c). Id. ¶ 10–11. After analyzing the NMI Supreme Court Rules to determine
if alternative service was permitted, we did not find good cause to issue an order
for alternative service because Pangelinan failed to move for alternative service.
Id. ¶ 13. We also did not find e-service to be impossible, inappropriate, or
unavailable under NMI Supreme Court Rule 25(c). The impossibility exception
was inapplicable due to the failure to “provide facts and circumstances that
preclude movant from registering . . . to receive e-service.” Id. ¶ 13–14. In
addition, e-service was not inappropriate because the documents were not sealed
and did not initiate an action. Id. ¶ 15. Finally, e-service was not unavailable in
this probate appeal because it is only unavailable in criminal cases and petitions.
Id. ¶ 16. We thus found Pangelinan failed to articulate facts or circumstances that
In re Estate of Pangelinan, 2019 MP 12
prevent him from receiving e-service and ordered him to register as an ESFP
user.
¶ 19 Both the NMI Supreme Court Rules and the E-Filing Rules require e-
service, and accordingly, we ordered Pangelinan to comply with both sets of
rules. Under E-Filing Rule 3.2, the Court can mandate e-service in certain cases.
This is the power invoked in the Order to Register. While we include further
analysis of the E-Filing Rules here to support that conclusion, we find no clear
error in our previous decision ordering Pangelinan to register as an EFSP user.
IV. CONCLUSION
¶ 20 For the foregoing reasons, we DENY reconsideration of the Order Granting
Late Filing and the Order to Register.
SO ORDERED this 18th day of December, 2019.
/s/
ALEXANDRO C. CASTRO
Chief Justice
/s/
JOHN A. MANGLOÑA
Associate Justice
/s/
PERRY B. INOS
Associate Justice