Shorehaven Corporation v Taitano [2001] GUSC 17; 2001 Guam 16 (11 July 2001)

IN THE SUPREME COURT OF GUAM

SHOREHAVEN CORPORATION, ROSARIO CARPIO,
RHODORA C. CARPIO, AND JOEL J. CARPIO
Plaintiffs-Appellants

vs.

JOSE MATEO TAITANO
Defendant-Appellee

Supreme Court Case No. CVA97-054
Superior Court Case No. CV0054-91

OPINION

Filed: July 11, 2001

Cite as: 2001 Guam 16

Appeal from the Superior Court of Guam
Submitted on the briefs on September 9, 1998
Hagåtña, Guam

Representing the Plaintiffs-Appellants: Daniel R. Del Priore, Esq. Del Priore & Associates, P.C. Suite 507, G.C.I.C. Building 414 West Soledad Avenue Hagåtña, Guam 96910

Representing the Defendant-Appellee: Harold F. Parker, Esq., Director Public Defender Service Corporation 200 Judicial Center Annex 110 West O'Brien Drive Hagåtña, Guam 96910

BEFORE: JOHN A. MANGLONA, Chief Justice (Acting)[1]; RICHARD H. BENSON, Designated Justice[2]; and FRANCES TYDINGCO-GATEWOOD, Designated Justice.

PER CURIAM:

[1] This is an appeal from a judgment dismissing an action to compel the specific performance of a contract for the sale of land. The owner of the subject land, Jose Taitano (hereinafter AJose@), objects to the validity of the contract alleging he did not sign the power of attorney which allowed his brother Pedro Taitano (hereinafter APedro@) to execute the contract as alleged by Shorehaven Corporation (hereinafter AShorehaven@). The issue presented is whether the land sale contract is valid, and more particularly whether, as a matter of law, Jose overcame the presumption of validity of the contract in which the signature of Jose's attorney in fact was acknowledged before a notary public. We hold that Jose's uncorroborated testimony, that he had not signed the power of attorney, is insufficient to overcome the presumption. The decision of the trial court is reversed.

I.

[2] Shorehaven, under the supervision of its president Johnny Carpio (hereinafter ACarpio@), was in the midst of purchasing land in Sinajana from Pedro when it was discovered that the desired property was landlocked. Pedro informed Shorehaven that the property initially had a right of way on the adjoining land and that both pieces of property could be bought together as soon as title to the property was finally probated to his brother Jose. The parties agreed to purchase this combined land for the price of eight ($8.00) dollars per square meter on February 3, 1985.

[3] On October 25, 1985, Shorehaven's attorney created a contract between the parties in which Pedro signed for himself and, with the alleged power of attorney, for Jose. That same day, the parties approached Vincente Chiong (hereinafter AChiong@), a notary public for Guam, to certify their contract. Chiong viewed a document, notarized in California in 1985, giving Pedro power of attorney from Jose. He then notarized the contract between Shorehaven and Pedro. The parties recorded this contract with the Department of Land Management on April 7, 1986. Carpio paid Pedro five thousand dollars ($5,000.00) as an earnest money deposit for the transaction.

[4]