In the Matter of the Application of Peter B Leon Guerrero [2001] GUSC 21; 2001 Guam 22 (5 November 2001)

IN THE SUPREME COURT OF GUAM

IN THE MATTER OF THE APPLICATION PETER B. LEON GUERRERO AND ADOLF P. SGAMBELLURI, in their capacity as JOINT ADMINISTRATORS OF THE ESTATE OF PEDRO B. LEON GUERRERO, Petitioners for Registration of Title to Lot No. 186NEW, Municipality of Yona, Territory of Guam,
Petitioners/Counter Oppositors/Appellants

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IN THE MATTER OF THE APPLICATION DWIGHT LOOK for Registration of Title to Lot No. 186 NEW, Municipality of Yona, Territory of Guam,
Oppositor/Counter Petitioner/Appellee

OPINION

Supreme Court Case No. CVA98-018
Superior Court Case No. LR0120-73

Filed: November 5, 2001

Cite as: 2001 Guam 22

Appeal from the Superior Court of Guam
Submitted for oral argument on August 18, 1999
Hagåtña, Guam

Appearing for Appellant: Robert L. Keogh, Esq. Seth Forman, Esq. Law Offices of Keogh & Forman Suite 105, C&A Prof. Building 251 Martyr Street P.O. Box GZ Hagåtña, Guam 96910

Appearing for Appellee: Jacques G. Bronze, Esq. Law Offices of Bronze & Tang A Professional Corporation Suite 105F Ada's Commercial & Professional Ctr. 215 Chalan Santo Papa Hagåtña, Guam 96910

BEFORE: RICHARD H. BENSON, Chief Justice (Acting)[1], JOHN A. MANGLONA[2], and MICHAEL J. BORDALLO[3], Designated Justices

BORDALLO, J.:

[1] This case dates to 1973. In that year, Pedro B. Leon Guerrero filed a petition to register title to land. H. Dwight Look, Rufo Taitano, and others claiming to own interests in the subject land opposed this petition. In 1978, the trial court found in favor of Pedro B. Leon Guerrero and against all other oppositors. Only H. Dwight Look appealed. The District Court of Guam Appellate Division reversed the trial court and the Ninth Circuit Court of Appeals upheld the reversal. On remand, the trial court, following the mandate of the Appellate Division, ordered that Pedro B. Leon Guerrero owned only the undisputed portions of the subject land. In that order, the trial court invited Pedro B. Leon Guerrero to file an amended petition for the disputed portions. In 1990, the Estate of Pedro B. Leon Guerrero filed an amended petition to register the disputed portions. H. Dwight Look opposed and filed a counter- petition to register the same disputed portions. The trial court held that H. Dwight Look was the owner of the disputed portions and the Estate appealed. For the reasons set forth below, we reverse the trial court's decision and remand for further proceedings.

I.

[2] Francisco B. Leon Guerrero (hereinafter AFrancisco@) owned Estate 278, which consisted of 3,200 hectares of real property in Yona, Guam. In 1954, Francisco borrowed $60,000 from the Government of Guam, securing the debt with a mortgage on this land. Francisco defaulted on the loan and the government foreclosed and purchased the property at the foreclosure sale. Frank Perez (hereinafter APerez@) redeemed the property in 1961 after Francisco sought his help. Francisco granted Perez a power of attorney to sell Estate 278. Perez convinced H. Dwight Look (hereinafter ALook@) to purchase Estate 278 in its entirety.

[3]