Macaranas declines comment on Senate lawsuit, awaits court resolution

Department of Public Safety Commissioner Anthony I. Macaranas declined to comment on the Senate's lawsuit challenging his authority to remain in office, saying he would discuss the matter once the court resolves the dispute.

Speaking to Marianas Press following a press conference for the 53rd Pacific Islands Chiefs of Police Conference last Oct. 16 at the Crowne Plaza Resort Saipan, Macaranas said he did not want his comments to interfere with the pending court proceedings.

“You know, right now I cannot come because it's still within the court. I do not want to contradict what I'm saying and what the court is going to interpret,” Macaranas said.

“So until such time that these things be resolved, then I could invite the media to come so I could talk more about it,” he added.

When pressed further about the case, organizers of the event abruptly ended the interview.

His comments came three days after the Senate unanimously adopted Senate Resolution 24-20 last Oct. 13, formally ratifying and authorizing the continuation of its lawsuit against Macaranas and Gov. David M. Apatang.

The resolution, introduced by Senate President Karl King-Nabors, passed 8-0 and confirmed the Senate's authorization to pursue the case to protect its constitutional and statutory advice-and-consent authority over executive appointments.

During deliberations, Senate legal counsel David P. Karch explained that the resolution ratified the lawsuit filed Sept. 18 and authorized its continued prosecution.

King-Nabors defended his decision to initiate the lawsuit, maintaining that Senate rules allowed him to act to protect the institution's interests. He said both Senate legal counsels were consulted before the filing.

He also explained that the resolution had been prepared earlier but was delayed as senators concentrated on passing the fiscal year 2027 budget and averting a government shutdown.

During public comments at the Oct. 13 session, attorney James Kingman opposed the resolution, questioning the Senate's priorities and adherence to its own procedures.

Kingman said he was not taking a position on whether Macaranas should remain commissioner or how the lawsuit should be resolved. Rather, he urged senators to consider whether their actions served the interests of the entire Commonwealth and reflected sound governance practices.

The legal dispute stems from Macaranas' removal as DPS commissioner by acting governor Dennis C. Mendiola in February while Apatang was off-island.

Apatang reinstated Macaranas upon his return, but the Senate contends that the reinstatement required a new appointment to be submitted for its advice and consent within 30 days.

According to the Senate's lawsuit, the failure to submit the appointment automatically terminated Macaranas' authority to serve as commissioner under Commonwealth law and barred his reappointment.

The controversy intensified when King-Nabors, serving as acting governor, terminated Macaranas on Sept. 11.

Upon returning to the CNMI on Sept. 14, Apatang rescinded the termination, prompting the Senate to file suit four days later.

The Senate is seeking a court declaration on Macaranas' legal authority to remain commissioner, along with injunctive relief preventing him from exercising the powers of the office while the dispute is pending.

During an Oct. 7 hearing, Superior Court Associate Judge Lillian Ada Tenorio raised questions about the Senate's legal standing to pursue the lawsuit, particularly whether King-Nabors had proper authority to initiate the case on the Senate's behalf.

Tenorio requested additional written arguments addressing the standing issue before proceeding further with the case. She also discussed the possibility of resolving the constitutional questions through a certified question to the CNMI Supreme Court, without directing the parties to pursue that procedure.

A check with Ada Tenorio's office last Oct. 16 showed that the associate judge had yet to issue a decision on the matter.