Perez v Gutierrez [2001] GUSC 9; 2001 Guam 09 (15 May 2001)

IN THE SUPREME COURT OF GUAM

GLORINA Q. PEREZ, Administratrix, of the
ESTATE OF AGUEDA G. ROBERTO
Plaintiffs-Appellants

vs.

JOSE T. GUTIERREZ, FLORENCE S. GUTIERREZ and
JOE and FLO'S, INC., a Guam corporation,
Defendants-Appellees

OPINION

Filed: May 15, 2001

Cite as: 2001 Guam 9

Supreme Court Case No. CVA98-035
Superior Court Case No. CV0547-90

Appeal from the Superior Court of Guam
Argued and submitted on August 19, 1999
Hagåtña, Guam

Appearing for Plaintiffs-Appellants: F. Randall Cunliffe, Esq. Cunliffe & Cook, P.C. Suite 200 210 Archbishop Flores Street Hagåtña, Guam 96910

Appearing for Defendants-Appellees: Paul A. Lawlor, Esq. Attorney at Law Suite 903, PDN Building 238 Archbishop Flores Street Hagåtña, Guam 96910

BEFORE: RICHARD H. BENSON, Chief Justice (Acting),[1] JOHN A. MANGLONA, Designated Justice, and MARK E. COWAN, Justice Pro Tempore.

COWAN, J.:

[1] In 1990, Glorina Q. Perez (AGlorina@) in her capacity as Administratrix of the Estate of Agueda G. Roberto (AAgueda@) filed this action to cancel a deed of gift of real property executed in 1971 by Agueda. Agueda was, at the time of execution of the deed, and remained until her death in 1982, a judicially declared incompetent person. The grantee of the deed was her brother and judicially appointed guardian, Jose T. Gutierrez (AJose@). Jose's wife, Florence (AFlorence@), was a co-grantee of the deed and both, with another party, were Defendants in this action. The trial court held that the Complaint was barred by the applicable statute of limitations and by the doctrine of laches. On appeal Appellant alleges that the statute of limitations and the doctrine of laches are not available as defenses in this action. We hold that the defense of statute of limitations is available and affirm the trial court's decision on that ground.

I.

[2] The facts giving rise to this case stretch over a period of nearly forty years and are many and complicated. Moreover, the facts involve other judicial proceedings. Agueda was once married to Juan Aguon Roberto (AJuan@). Juan was, with his sister Dolores, the owner of Lot No. 165, Ylig, Guam. Juan died intestate in 1961 leaving Agueda as his widow. In 1968, Agueda's brother, Jose, successfully petitioned the court to appoint him as her guardian on the basis that she was incompetent. In 1971, Agueda executed a deed of gift transferring Lot No. 165-2 to Jose and Florence. Agueda's competency was never restored by the court, and Jose remained her guardian until her death in 1982. In 1989 during the consolidated probate of Juan and Dolores' estate, Eulalia Cepeda (AEulalia@) was found to be Juan's daughter from a previous relationship, In the Matter of the Estate of Roberto