Office of the Attorney General of Guam

590 S. Marine Corps Dr., Ste. 706, Tamunmg, Guam 96913

March3l,2016
Elizabeth Barrett-Anderson
Attorney General
Phone: (671) 475-3324
ext 5015/5030

fax: 477-4703
law gmag!Qig

Jacqueline Z. Cruz
Chief of Staff
Administration
ext. 5010

jcrii@giiarnagrg
Phillip J. Tydingco
Chief Prosecutor

Prosecution
ext 2410
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Karl P. Espaldon
Deputy AG
Solicitors
ext. 3115

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Kenneth D. Orcutt
Deputy AG

Litigation

ext 3225

kQrc@giainagQrg
Fred S. Nishihira
Deputy AG
Consumer Protection
ext. 3250
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Rebecca M Perez
Deputy AG
Child Support
ext 1610

Carol M. Hinlde-Sanchez

MEMORANDUM
.

12
liVid

To:

Director, Department of Land Management

Fr:

Attorney General

Re:

Clarification of Administrative Corrections to Certificates of

Titles #135922 through #135925, Municipality of Yona

it
2

F
I

MAR 312016

Detn
lime

I am in receipt of your March 28, 2016 request for legal clarification on the above-described
Certificates of Title (hereinafter CTs) of property located within the Municipality of
Yona and held under title ownership of the Archbishop of Agana, a Corporation Sole.
As described in your December 29, 2015 request to our Office to initiate a petition for
correction of the CTs, the original issuance of the documents was defective in that the
Department did not correctly memorialize a recorded instrument affecting the property
within the CTs. The Department had attempted to correct the CTs administratively but
failed to notate the recorded instrument accurately.
Upon review it was determined that, in the absence of agreement by the title holder and
under the facts known at that time, proceeding to court for judicial correction pursuant to
21 GCA 29195 was the proper course of action. Assistant Attorney General Kristan
Finney was instructed to prepare draft pleadings for review.
Shortly thereafter, our Office was contacted by Counsel for the title holder informing us
that there was no objection to your Department making the necessary corrections and
administratively inscribing the proper memorialization to each of the CTs. This process is
permitted under 21 GCA 29160.

There being no further purpose for initiating judicial proceedings for correction of the CTs,
in the interest ofjudicial economy and based on agreement of the title holder, I concurred
in the administrative resolution, which was effectuated on March 15, 2016.

I hope this provides your agency the necessary clarification of why no further proceeding
is required.

juvenile

nchz@grnagQrg
Pauline I. Untalan
Administrator
Victim Service Center
& Notary Unit
ext 5030
puntalan@gmagojg

LLnti

ELIZAB TH BARR TTANDERSON

cc: Senator Tom Ada

Phone: (671) 475-3324 www.guamag.org. www.guamcse.net