Mafnas v. Superior Court
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledJanuary 31, 1990
JudgeVillagomez, Borja, Hillblom
StatusPublished
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Full Opinion
FOR PUBLICATION
IN THE SUPREME COURT OF THE
COMMONWEALTH O F THE NORTHERN MARIANA I SLANDS
JOSE P. MAFNAS, Personally and ) ORIGINAL ACT ION NO. 90-001
as President of the Seventh ) SUPERIOR COURT NO. 90-31
Commonwealth Senate, )
)
Petitioner, )
)
vs. ) ORDER DENYING PETITION
) FOR WRIT OF MANDAMUS
SUPERIOR COURT OF THE COMMON ) and MOTION FOR STAY
WEALTH OF THE NORTHERN MARIANA )
ISLANDS, )
)
Respondent. )
)
and )
)
ELOY INOS, in his capacity as )
Director of the Department )
of Finance, JOSEPH INOS, )
JESUS R. SABLAN, EDWARD U. )
MARATITA, FRANCISCO M. BORJA, )
and HENRY DLG. SAN NICOLAS, )
in their capacity as Members- )
Elect of the Seventh )
Commonwealth Senate, FELIPE )
Q. ATALIG and ABRAHAM TAISACAN, )
)
Real Parties In Interest. )
____)
Before: Villagomez and Borja, Justices, and Hillblom,
Special Judge.
PER CURIAM:
on January 10, 1990, Senator Jose P. Mafnas (hereafter
"Mafnas") filed with the superior court a Complaint for
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Declaratory Relie f and for a Preliminary and Permanent
Injunction. Mafnas, in part, sought to be declared President
of the Senate. Simultaneously, he applied for a temporary
restraining order, asking that the real parties in interest
be enjoined from acting as o f ficers o f the Senate. On the
same day the superior court issued an Order to Show Cause
directed to the real parties in interest. (See caption above
for a list of real parties in interest.) On January 18,
1990, the superior court issued a stipulated order
restraining Eloy Inos from disbursing government funds to the
Senate pending disposition of the case.
A hearing was held, a fter which the judge issued, on
January 22, 1990, his Memorandum Decision followed by his
Declaratory Judgment. The Judgment declared, inter alia,
that Joseph Inos was the President o f the Senate.
On January 23, 1990, Ma fnas filed a Motion for Stay o f
Judgment and for Injunction Pending Petition, o r i n the
Alternative for a Temporary Stay. However, no petition or
appeal was pending at the time and the trial court denied the
motion on January 24, 1990.
Ma fnas then filed his Petition for Writ o f Mandamus with
this Court on January 30, 1990. He contends that the
Respondent, trial court, usurped its judicial power; that he
(Mafnas) has no plain, speedy and adequate remedy other than
a writ of mandamus; and requests this Court to direct the
.trial judge to immediately vacate his Declaratory Judgement
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and Memorandum Decision. He also p�ays for this Court to
grant Mafnas the declaratory relief sought below, including
a ruling that he is the duly constituted President of the
Senate of the seventh Legislature. At the same time he filed
a motion for stay in this Court.
Rule 21(b) of the Rules of Appellate Procedure of this
Court provides:
If this Court is of the opinion that the writ
should not be granted, it shall deny the petition.
Otherwise, it shall order that an answer to the
petition be filed by the respondents within the
time fixed by the order.
We have carefully examined the Petition for �rit of
Mandamus, the memorandum in support thereof, and the excerpt
of the record. We have re-examined the conditions,
guidelines and criteria set forth in our previous decisions
on the question of when it is justified for this Court to
invoke such extraordinary remedy.�
In applying such guidelines to the facts and circum
stances of this case, we have come to the conclusion that
mandamus is not the proper remedy. There is insufficient
showing of extraordinary circumstances.
1/ In Tehorio v. superior Court, Original Action No.·
89-002 {CNMI slip opinion, November 4, 1989) we set forth the
guidelines and precedents for all litigants and the superior
court to follow in cases involving extraordinary writs.
Neither the trial court nor the Petitioner referred to such
guidelines.
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The criteria for showing extraordinary circumstance as
set forth in Tenorio v. Superior Court, supra, are as
fOllows:
1. The party seeking the writ has no other adequate
means, such as a direct appeal, to attain the relief desired.
2. The petitioner will be damaged or prejudic�d in a
way not correctable on appeal.
3. The lower court's order is clearly erroneous as a
matter of law.
4. The lower court's order is an oft-repeated error, or
manifests a persistent disregard of applicable rules.
5. The lower court's order raises new and important
problems, or issues of law of first impressioh.
In applying these guidelines to a particular case there
will not always be a bright-line distinction; the guidelines
themselves often raise questions of degree; the
considerations are cumulative; and proper disposition will
require a balancing of conflicting indicators. Tenorio v.
Superior Court, supra.
In Tenorio, a review had to be made within a few days
because of an upcoming election. There was no time for a
direct appeal. Had the review been done after the election,
there would have been damage or prejudice not correctable on
appeal. It would have been too late. We also found that the
order of the lower court was clearly erroneous as a matter of
law and that it raised issues of first impression in this
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jurisdiction. After balancing the conflicting indicators we
granted the Petition for Writ of Mandamus.
In the case at hand, after reviewing the guideline·s and
balancing the conflicting 'indicators;· the balance tips
towards denying the Petition. The Petition does not convince
us that the lower court's Memorandum Decision and Declaratory
Judgment have to be reviewed immediately and has not clearly
shown what the damage will be that cannot othen/ise be
correctable on direct appeal.
The Petitioner fails to show that the lower court's
decision is an oft-repeated error, or manifests a persistent
disregard of applicable rules. The Petitioner contends that
the judge failed to follow the rules of procedure and
applied the law incorectly solely in this particular case.
We find that this case raises issues of first impression
in the Northern Mariana Islands. However, this factor alone
does not convince us that a writ of mandamus is the proper
vehicle. As we noted in Tenorio,
(t) here are dangers to an unprincipled use of
peremptory writs, as for example, the possibility
that its use would be an impermissible alternative
to the normal appellate process. Its abuse could
operate to undermine the mutual respect generally
existing between tri•l and appellate courts.
Further, appellate courts should insure against the
temptation to grant such writs merely because they
might be sympathetic-to the petitioner's underlying
actions.
Supra at page 5.
We place greater weight on the first two guidelines. In
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view of this, there is no need to consider criteria number
three.
Based on tne above analysis, we conclude that this case
should be brought before us by way of a direct appeal, not by
way of a petition for writ of mandamus.
IT IS HEREBY ORDERED that the Petition for Writ of
Mandamus is DENIED and this case is DISMISSED. Having
decided to deny the Petition for Writ of Mandamus we see no
basis for a stay and the motion for stay is also DENIE D.�/
Entered this 3 I st- day of :to, n V\..a )'\ v' ' 1990.
7
2/ This order does not preclude the Petitioner from
filing a notice of appeal and moving for a stay pursuant to
applicable rules.
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