In re Peter B Leon Guerrero [2005] GUSC 1; 2005 Guam 01 (4 January 2005)

IN THE SUPREME COURT OF GUAM

IN THE MATTER OF THE APPLICATION OF
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. 186 NEW, Municipality of Yona, Territory of Guam,
Petitioners-Counter Oppositioners-Appellees
______________________________________________________

IN THE MATTER OF THE APPLICATION
BY THE ESTATE OF H. DWIGHT LOOK for Registration
of Title to Lot No. 186 NEW, Municipality of Yona, Territory of Guam,
Oppositioner-Counter Petitioner-Appellant

OPINION

Supreme Court Case No. CVA03-024
Superior Court Case No. LR0120-73

Filed: January 4, 2005

Cite as: 2005 Guam 1

Appeal from the Superior Court of Guam
Argued and submitted on July 19, 2004 Hagåtña, Guam

Attorney for Oppositioner-Counter Petitioner-Appellant: Jacques G. Bronze, Esq. Law Offices of Bronze & Tang A Professional Corporation Bank Pacific Building, 2nd Floor 825 South Marine Drive Tamuning, Guam 96913

Attorney for Petitioners-Counter Oppositioners-Appellees: Seth Forman, Esq. Berman, O'Connor, Mann & Shklov Suite 503, Bank of Guam Building 111 Chalan Santo Papa Hagåtña, Guam 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; ROBERT J. TORRES, Jr., Associate Justice; MIGUEL S. DEMAPAN, Justice Pro Tempore.

TORRES, J.:

[1] The proceedings in this case date to 1973 and involve a dispute over the ownership of land. The instant appeal is from a decision of the trial court in a proceeding ordered upon remand of the Supreme Court of Guam for consideration of an adverse possession issue. On remand, the trial court held that Counter-Petitioner/Appellee Look Estate ("Look Estate") failed to prove that it adversely possessed the disputed property. We affirm the judgment of the trial court.

I.

[2] The sole issue on appeal is whether the trial court properly found, on remand from this court, that the Look Estate failed to establish a factual record sufficient to prove adverse possession. The review of this ruling is the only matter before this court. This issue arose from a thirty-year background, the relevant points of which are presented below.

[3] Francisco B. Leon Guerrero ("Francisco") owned 3,200 hectares of real property in Yona, Guam described as Estate 278, Yona. In 1954, Francisco borrowed $60,000.00 from the government of Guam, securing the debt with a mortgage on this land. Francisco defaulted and the government foreclosed and purchased the property at the foreclosure sale. In 1961, the property was redeemed by Frank D. Perez (Perez) after Francisco sought his help. Francisco granted Perez a power of attorney to sell Estate 278. Perez convinced H. Dwight Look ("Look") to purchase Estate 278 in its entirety. Look purchased the property for $80,000 and at the request of Perez and Francisco, agreed to exempt from the conveyance 120 hectares to be reserved for Francisco. The quitclaim deed ("Deed"), which transferred Estate 278 from Francisco to Look, was recorded on October 11, 1961 and stated: