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Otaor v Adalbert [1984] TTLawRp 13; 8 TTR 446 (25 January 1984)

8 TTR 446

NGIRTURONG LAWRENCE OTAOR, SALVADOR EMILIANO

And FELICIANO UDUI, Defendants-Appellants

v.

TIMARONG ADALBERT, Plaintiff-Appellee

Civil Appeal No. 356

Appellate Division of the High Court

Palau District

January 25, 1 984

Appeal from trial court judgment ordering defendant to pay to plaintiff monies received from legislative operating fund. The Appellate Division of the High Court, Munson, Chief Justice, held that trial court did not violate doctrine of separation of powers by construing statute which authorized chairman of legislative body to administer certain funds for specified purposes, and that such legislative funds were erroneously paid to chief who was prohibited from attending legislative meetings by conflict of interest, and funds should properly have been paid to acting chief appointed by chief to perform his legislative functions, and therefore trial court judgment was affirmed.

1. Courts-Separation of Powers

Trial court did not exceed its scope of judicial authority and violate the doctrine of separation of powers by setting aside an administrative decision of the executive branch, as to the appropriate recipients of legislative operating funds, even though the statute designated chairman of legislative body as the one who administered the designated funds and insured that it was being spent only for purposes specified by statute, since the final power to construe the statute rested with the judicial branch.

2. Statutes-Construction-Legislative Intent

Monies appropriated by statute to be used to defray the actual costs and expenses of the members of the House of Chiefs of the Palau Legislature in the discharge of official duties were erroneously paid to a chief, where the chief was prohibited, due to conflict of interest, from attending legislative meetings and had appointed another to attend the legislative sessions and perform the duties of a member.

Before MUNSON, Chief Justice, MIYAMOTO, Associate Justice, and HEFNER^[1] Associate Justice

MUNSON, Chief Justice

STATEMENT OF THE CASE

This is an appeal from a judgment for appellee Timaong Adalbert in the amount of $4,500.00, plus interest, rendered on September 16, 1981, by the trial division of the Trust Territory High Court. The complaint named several defendants, but judgment in the above amount was entered for appellee, and appellant Udui was ordered to pay this amount to appellee. Appellant is the only one of the named defendants to appeal.