Pangelinan v Gutierrez [2000] GUSC 11; 2000 Guam 11 (10 March 2000)

IN THE SUPREME COURT OF GUAM

VICENTE C. PANGELINAN, Senator, and JOSEPH C. WESLEY, Mayor, on behalf of themselves and all those similarly situated,
Plaintiffs-Appellants

vs.

CARL T.C. GUTIERREZ, Governor, Y'ASELA A. PEREIRA, Treasurer, the GOVERNMENT OF GUAM, and DOES 1 THROUGH 10,
Defendants-Appellees

OPINION

Filed: March 10, 2000

Cite as: 2000 Guam 11

Supreme Court Case No.: CVA99-020
Superior Court Case No.: SP0073-98

Appeal from the Superior Court of Guam
Argued and submitted December 10, 1999
Hagåtña, Guam

For Plaintiffs-Appellants: Michael Phillips, Esq. Phillips & Bordallo, P.C. 410 W. O'Brien Dr. Hagåtña, Guam 96910

For Defendants-Appellees: Eric Heisel, Esq. Assistant Attorney General Suite 2-200E, Judicial Ctr. Bldg. 120 W. O'Brien Dr. Hagåtña, Guam 96910

BEFORE: BENJAMIN J. F. CRUZ, Chief Justice; PETER C. SIGUENZA, Associate Justice; and JOHN MANGLONA, Designated Justice.

SIGUENZA, J.:

[1] The lower court decision found in favor of the Appellees, Gutierrez, et al., holding that Substitute Bill No. 495 was not pocket vetoed. We find that there was a valid pocket veto of Substitute Bill No. 495 and that the doctrine of ratification does not apply. Therefore, we reverse the lower court's decision.

FACTUAL AND PROCEDURAL BACKGROUND

[2] On February 7, 1998, the 24th Guam Legislature passed Substitute Bill No. 495 (hereinafter ABill 495@), by eleven (11) to ten (10) votes. Bill 495, later designated as Guam Pub. L. 24-139 (February 22, 1998), was enacted to update Guam's Solid Waste Management Plan, commonly referred to as Athe Garbage Bill.@ Attached to the bill was a rider which acted to reorganize the distribution of power within the judicial branch.[1]

[3] Later that day, Senator Eduardo J. Cruz moved to adjourn subject to the call of the Speaker of the Legislature. The motion carried and the Legislature adjourned. The Legislature did not specifically authorize anyone to receive messages from the Governor during that legislative break.

[4] On February 10, 1998, Bill 495 was presented to Governor Carl T.C. Gutierrez for signature. Ten (10) days after presentment, Sundays excepted, the Legislature was not in session and the Governor had not returned Bill 495 to the Legislature or anyone connected thereto. Instead, on February 22, 1998, the Governor sent the unsigned bill and a letter to Speaker Unpingco explaining his decision to neither sign nor veto Bill 495 and identifying his reasons therefor. Noting his dismay that it would not be possible to control the Awhim[s]@ of the Legislature, the Governor indicated that he Aallowed Substitute Bill No. 495 to go into law without the benefit of the signature of the Governor.@ Appellants' Excerpts of Record, Exh. C at 2. The Legislature received the Governor's letter on February 23, 1998. On February 26, 1998, the Legislature reconvened, nineteen (19) days after adjournment. On March 12, 1998, thirty (30) days after presentment, the Governor had not signed Bill 495.

[5]