Wednesday, December 16, 2015

DAVID THE VG'S LATEST ATTEMPT TO DEFRAUD THE CATHOLICS OF GUAM

On 11/29/15, David the VG (he was in charge since Apuron was gone), published a copy of the Certificate of Title for one of the parcels which makes up the property occupied (and now controlled) by RMS.






We have already broached the argument (as did Teri Untalan in the PDN) that a Certificate of Title relative to the ownership of real property means nothing. We all know that one's name can remain on a Certificate of Title to real property while a separate piece of paper gives away all use of that property forever - which is what Apuron's 2011 Deed Restriction did. 

The Deed Restriction actually did more - it in fact conveyed the title to RMS - but we'll let that be for now. 

To illustrate the pure willingness of David the VG to lie and deceive, let's just say that the 2011 Deed did not in fact convey title to RMS. Let's just say that it is what they say it is - just a restriction on the use of the property (never mind that it is forever), and that the archbishop retains absolute ownership and control. He doesn't of course - as illustrated several times on this blog and by the legal opinion of Attorney Bronze - but let's just say that he does.

So if in fact this is the case, then David the VG would have had no qualm with publishing a copy of the Certificate of Title with the 2011 Deed duly noted in the "memorials" section on the certificate - as ALL documents effecting the subject property MUST be. 

However, note that the CT published in the U Matuna completely leaves off the record of the 2011 Deed. 



Here is a cleaner copy:


Now, if the 2011 Deed did not affect the ownership of the property, why would David the VG publish a Certificate of Title omitting it, especially when the actual Title Report from Title Guaranty SHOWS the Deed:



We cannot accept that he did not know it was supposed to be on there. He's the Vicar General - the equivalent to our civil government's attorney general, he's supposed to be the ONE person in the diocese who knows these things. And even if he is ignorant - that's why the archdiocese has a legal counsel. Oh wait a minute? Is that now Jackie Terlaje?

(There is the additional question of HOW this Certificate of Title with the "conveniently" missing memorial just "happened" to find itself onto the front page of the U Matuna - and further carried by the PDN. So be warned. If your fingerprints are on this LIE, we will find you.)

In any event, David the VG, the one who accused Richard Untalan of a vulnus against the bishop when he, the VG, KNEW, that the property had ALREADY been transferred (see The Real Villain), is the author of this latest attempt to defraud the Catholics of Guam.

There is a final point that we again want to make. It really doesn't matter what a document is titled, especially in regards to legal documents. What matters is the operative language in the document. Apuron (or more precisely his handlers) has tried to camouflage the intent of the document with words like "declaration" and "restriction." But as the Legal Opinion shows, the document contains operative language that legally alienates the property:
"NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THAT Owner hereby covenants and declares that the Property is and shall be held, used, transferred, sold and conveyed subject to the covenants and restrictions set forth herein..." (See full document here. )
The property is to be HELD, USED, TRANSFERRED, SOLD AND CONVEYED. The only "covenants and restrictions" the Deed is subject to is 1) it is to be used by RMS, and 2) the deed is effective upon the date of execution (November 22, 2011).

And as also stated several times before, there is NOTHING in the language of the document which demands that RMS remain a seminary.

The extremely tragic and sad part of all of this is not the alienation of a piece of dirt, regardless of its value, but the relentless and systematic lying and defrauding of the Catholics of Guam by their religious leaders.

Stand fast people. Do not grow weary in well-doing. The Lord knows all. And vengeance is His (Deuteronomy 32:35).

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