Calvo v Guahan [2018] GUSC 6; 2018 Guam 6 (23 May 2018)

IN THE SUPREME COURT OF GUAM

EDDIE BAZA CALVO, I MAGA’LÅHEN GUÅHAN,
Petitioner,

v.

I MINA’ TRENTAI KUÅTTRO NA LIHESLATURAN GUÅHAN,

Respondent.

Supreme Court Case No.: WRM18-001

OPINION

Filed: May 23, 2018

Cite as: 2018 Guam 6

Motion to Dismiss Petition for a Writ of Mandate
Filed in the Supreme Court of Guam
Argued and submitted on May 2, 2018
Hagåtña, Guam

Appearing for Petitioner: Sandra Cruz Miller, Esq. Office of the Governor of Guam Ricardo J. Bordallo Governor’s Complex Adelup, GU 96910

Appearing for Respondent: Julian Aguon, Esq. Blue Ocean Law, PC Terlaje Professional Bldg., Ste. 216 194 Hernan Cortez Ave. Hagåtña, GU 96910

BEFORE: KATHERINE A. MARAMAN, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; JOHN A. MANGLONA, Justice Pro Tempore.

MARAMAN, C.J.:
[1] Petitioner Eddie Baza Calvo, I Maga’låhen Guåhan (the “Governor”), has filed a Petition seeking a writ of mandamus directed against I Mina’ Trentai Kuåttro Na Liheslaturan Guåhan (the “Legislature”) commanding the Legislature to “[t]ransmit and present Bill 1(1-S) as it was passed on May 9, 2017” to the Governor and to “[r]estrain from engaging in further action to delay or prevent the transmittal and presentation of Bill 1(1-S) to the Governor of Guam.” Verified Pet. for Writ of Mandamus at 10 (Jan. 22, 2018) (hereinafter, “Pet.”). The Legislature has filed an Answer to the Petition. The Legislature has also separately moved to dismiss the Petition on a number of jurisdictional and justiciability grounds. The Governor has opposed the Legislature’s motion to dismiss.
[2] In its motion to dismiss, the Legislature has asserted, in part, that the various issues presented in the Petition raise nonjusticiable political questions. We agree with the Legislature that the question of whether a bill has passed the Legislature as a factual matter