5 Guam Code Ann. § 3102
SOURCE: GC § 5101. Repealed and reenacted by P.L. 13-117:1 (Dec. 27,
1975) and P.L. 16-072:10 (Mar. 5, 1982). Amended by P.L. 29-019:VI:51 (Sept. 29, 2007).
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH 3 DEPARTMENTS OF THE GOVERNMENT
COMMENT: P.L. 16-72:10 amended this section by splitting from the Department of Law an Office of the Territorial Prosecutor. However, § 20 provided that
“”if any provision of this Act . . . is held invalid and the invalidity substantially affects other provisions or applications of the Act, then the provisions of this Act shall not be severable and the entire Act shall expire by operation of law. Provisions of existing statutes repealed or amended by this Act shall then be automatically revived.””
A substantial provision of the Act, §1 providing for the term of the Prosecutor and limiting the Governor’s power of removal, was declared invalid, thus nullifying the whole act and reverting the law to its previous condition. Territorial Prosecutor for the Territory of Guam, People of the Territory of Guam, Petitioners, v. Superior Court of Guam, Respondent, Peter M. Perez, et al., Real Parties in Interest, D.C. Civ. App. 82-0215, D.C. Guam, App. Div. May 26, 1983.