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In re Estate of Pilar De Castro [2009] MPSC 3; 2009 MP 3 (29 April 2009)

Notice: This slip opinion has not been certified by the Clerk of the Supreme Court for publication in the permanent law reports. Until certified, it is subject to revision or withdrawal. In any event of discrepancies between this slip opinion and the opinion certified for publication, the certified opinion controls. Readers are requested to bring errors to the attention of the Clerk of the Supreme Court, PO Box 502165 Saipan, MP 96950, phone (670) 236-9715, fax (670) 236-9702, e-mail [email protected].

IN THE SUPREME COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

IN RE THE ESTATE OF PILAR DE CASTRO,
Deceased.

SUPREME COURT NO. 2007-SCC-0027-CIV
SUPERIOR COURT NO. 93-1091

SLIP OPINION

Cite as: 2009 MP 3

Decided April 29, 2009

Brien Sers Nicholas, Esq., Saipan, Northern Mariana Islands, for Appellant

James S. Sirok, Esq., and Antonio M. Atalig, Esq., Saipan, Northern Mariana Islands, for Appellees

BEFORE: John A. Manglona, Associate Justice; Jesus C. Borja, Justice Pro Tem; Timothy H. Bellas, Justice Pro Tem

Manglona, J.:

¶ 1 Angela R. Cabrera ("Cabrera")[1] seeks review of a trial court order denying her claim of sole ownership of a parcel of land, arguing her biological father purchased the land for her benefit. In the alternative, Cabrera asserts sole ownership under the doctrine of adverse possession. Although the trial court did not issue a separate entry of judgment in conjunction with its order, we hold that we have jurisdiction over this petition because the parties waived the separate document rule. We further hold that the trial court did not err in denying Cabrera’s claim of sole ownership. Accordingly, the trial court’s decision is AFFIRMED.

I

¶ 2 Pilar De Castro died in 1951 leaving behind a parcel of real property as the sole asset of her estate. Years later, De Castro’s daughter, Cabrera, claimed she was the sole owner of the property. However, two of De Castro’s other heirs, Herman M. Roberto and William M. Roberto (collectively, "the Robertos"), alleged the property belongs to all the heirs of the De Castro estate. The parties’ claims stem from a lengthy procedural history.

¶ 3 De Castro was married twice during her lifetime. She first married Jose Roberto, and the two had at least three children together, including Rita R. Quitano, Antonio C. Roberto, and Jose C. Roberto. Additionally, it was generally assumed that Cabrera was the fourth child of De Castro and Jose Roberto. Following her first husband’s death, De Castro married Ignacio Aguon. De Castro and Aguon had three children together, including Esperanza C. Aguon, Remedio A. Guerrero, and Sophia A. Santos. On April 25, 1951, shortly before De Castro’s death, the Trust Territory of the Pacific Islands ("TTPI") issued a determination of ownership that recognized De Castro as the owner of a parcel of real property, identified as Lot No. 555 ("lot 555").

¶ 4 Following De Castro’s death, Cabrera began acting as the representative of both De Castro and De Castro’s heirs. In 1955, Cabrera, acting as De Castro’s land trustee, executed an agreement to exchange lot 555 for a parcel of land identified as Lot No. 851 ("lot 851"), which the TTPI owned. The agreement was finalized in 1958 when Cabrera executed a quitclaim deed transferring lot 555 to the TTPI. In return, the TTPI granted lot 851 to De Castro. The exchange agreement listed De Castro as the exchanging party, and noted that she was represented by Cabrera as her "land trustee." Appellants Excerpts of Record ("ER") at 21, 23.

¶ 5 In 1981, Cabrera submitted an application to the Mariana Island District Land Commission ("land commission") to register lot 851.[2] Cabrera’s application did not indicate whether she was acting in her individual capacity or in her capacity as the representative of De Castro’s heirs. However, the documents she submitted in support of her application all indicated she was representing her deceased mother, De Castro. Additionally, all of the documents the land commission reviewed indicated that she was acting as a representative of either De Castro or De Castro’s heirs.[3] The land commission held a hearing regarding Cabrera’s application on May 27, 1982, which Cabrera attended. At the hearing, the land commission determined that De Castro’s heirs owned lot 851. After reviewing the land registration team’s findings,[4] the land commission issued a determination of ownership on March 7, 1984, recognizing De Castro’s heirs as the owners of lot 851.[5]

¶ 6 Cabrera challenged the land commission’s determination of ownership in 1988, claiming she was the sole owner of lot 851. Cabrera filed a lawsuit seeking to quiet title on the property in her name. However, De Castro’s other heirs, including Herman M. Roberto and William M. Roberto, claimed the property belonged to all of De Castro’s heirs and not just Cabrera. Before the lawsuit was fully-litigated,[6] Cabrera died. Her son, Luis R. Cabrera, was appointed Cabrera’s representative, and he continued to pursue his mother’s claim of ownership by initiating this probate action.[7]

¶ 7 On May 21, 2007, the trial court held an evidentiary hearing to determine the rightful owner of lot 851. Prior to the hearing, Cabrera’s sole theory of ownership was based on an alleged partida.[8] However, at the evidentiary hearing, Cabrera advanced a new theory of ownership. Cabrera claimed that although she was raised by De Castro and Jose Roberto and that she carried the Roberto name throughout her life, she was not the fourth child of De Castro and Jose Roberto. Rather, she claimed she was the product of a non-marital relationship between De Castro and Juan Sablan. Cabrera argued that Sablan, her alleged biological father, was the original owner of lot 555. Prior to his death, she claimed Sablan transferred ownership of lot 555 to De Castro to hold for Cabrera’s benefit. Consequently, Cabrera maintained that because lot 555 was exchanged for lot 851, lot 851 belongs solely to her and not to De Castro’s heirs.