Taitano v Lujan [2005] GUSC 27; 2005 Guam 26 (30 December 2005)

IN THE SUPREME COURT OF GUAM

PEDRO T. TAITANO,
Plaintiff-Appellant,

vs.

RAFAEL LUJAN, and DOES I Through XX, and any right, title,
estate, lien or interest in the real property described in the complaint
adverse to plaintiff’s ownership, or any cloud on plaintiff’s title,
Defendants-Appellees.

Supreme Court Case No.: CVA04-032
Superior Court Case No.: CV0170-04

OPINION

Filed: December 30, 2005

Cite as: 2005 Guam 26

Appeal from the Superior Court of Guam
Argued and submitted on June 30, 2004
Hagåtña, Guam

Appearing for the Plaintiff-Appellant: Seth Forman, Esq. Daniel J. Berman, Esq. Berman, O’Connor, Mann & Shklov Suite 503 Bank of Guam Building 111 Chalan Santo Papa Hagåtña, Guam 96910

Appearing for the Defendants-Appellees: Peter F. Perez, Esq. Suite 216, 194 Hernan Cortes Avenue Hagåtña, Guam 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; FRANCES M. TYDINGCO-GATEWOOD, Associate Justice; ROBERT J. TORRES, JR., Associate Justice

TORRES, J.:

[1] This case arises from a judgment issued by the trial court in a quiet title action filed by Pedro T. Taitano against Rafael Lujan concerning a portion of real property located in Tamuning, Guam. The trial court ruled that the deed of gift transferring one-half of the property to Rafael in 1980 was valid and title to the property, which was condemned by the United States government and later returned to the original landowners, passed by operation of law to Rafael pursuant to the subsequently acquired title doctrine. The court further determined that under Guam’s race notice statute, Title 21 GCA § 37102, Rafael’s previously recorded 1980 deed of gift was superior to the 1997 probate distribution to Manuel L. Tenorio, Pedro’s alleged predecessor in interest. We find no error in the ruling of the Superior Court that the deed of gift was valid and title passed to Rafael pursuant to the subsequently acquired title doctrine and that the previously recorded deed of gift was superior to the probate decree by virtue of 21 GCA § 37102. Accordingly, we affirm.

I.

[2] Maria Santos Lujan, owner of Lot 5049 Tamuning (formerly Dededo),^[1]