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5 GCA § 7101

Legislative Intent

Guam Code AnnotatedTitle 5 — Government Operations
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It is the intent of the Legislature that the government of Guam practice fiscal responsibility, and that the persons who spend the taxpayer’s money follow the mandates of law in expending government funds. Historically, there have been many instances of government officials in the government of Guam spending and obligating money without appropriation or contrary to law. Since the Attorney General is the only officer empowered to bring court actions to control such illegal spending and the only officer who can represent the government in recovering such money, and since the Attorney General is an appointed member of the Governor’s cabinet, laws relating to improper spending of funds by the Executive Branch have generally not been enforced, and in some instances been openly ignored.

§ The story of this section

  1. Enacted by P.L. 18-9 (bill & sponsor pending — earlier Legislature not yet ingested)

Interpreted by the courts:

  • 2011 Guam 10Attorney General of Guam, Plaintiff-Appellee,v. Carl T.C. Gutierrez, Davina M. Lujan, and Does A-M, Defendants-Appellan (2011) · per Robert J. Torres, J. · cited at ¶23
  • 2022 Guam 5Joaquin V. Leon-Guerrero, Individually and as a Taxpayer, Plaintiff-Appellant, v. Government of Guam, Guam Department of (2022) · per Robert J. Torres, J. · cited at ¶1
  • 2023 Guam 27Layla Story-Bernardo, et al., Plaintiffs-Appellants, v. Government of Guam, Lourdes A. Leon Guerrero, Defendants-Appelle (2023) · cited at ¶40

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.