Bob Klitzkie has written two very important letters regarding the absurdity of Hon's appointment of Msgr. David C. Quitugua, rector of RMS. Quitugua was deeply involved in the giving away of the property in the first place and the ensuing cover up. I will comment further in an upcoming post. For now, I want to get these letters to you immediately.
- Archbishop Hon must come to grips with the fact that Apuron gave the property away.
- Archbishop Hon should not continue to empower Apuron.
- Archbishop Hon should tender a draft corporate resolution to the board of directors of the RMS Corporation authorizing the execution of a Grant Deed in favor of the Dioceses.
- Archbishop Hon should tender a draft resolution to the board of guarantors of the RMS Corporation authorizing the execution of a Grant Deed in favor of the Diocese.
- The properly executed Grant Deed must be recorded in the chain of title of the real property.
- Papers as per 3), 4) and 5) were displayed at the August 11 meeting.
- I presented the papers along with suggestions as to how to “dust them off” to Ed Terlaje, Esq. on August 19.
- If 5) were accomplished fee simple title would vest in the Archdiocese. Because of the doctrine of merger the “IN PERPETUAL USE AS A SEE …” restriction would merge into the Archdiocese’s title and be nullified.
- CAVEAT: 3) through 9) depend on Archbishop Hon’s ability to procure several signatures, e.g. Apuron’s, the Gennarinis’ and Fr. Pochetti’s. Since Archbishop Hon has steadfastly maintained that he doesn’t know Apuron’s whereabouts this solution may not be feasible.
- Absent the cooperation of Apuron, the Gennarinis and Fr. Pochetti et al. this solution won’t work.
- Archbishop Hon as Apostolic Administrator of the Archdiocese must consider the necessity of litigation in order to “bring the property home.”
- The key parts of the opinion are on pp. 2, 3, 5, 8, 9, 15, 17, 20 and 28.
- Pages 2 and 20 are Bronze’s finding that the Declaration of Deed Restriction (DDR) conveyed the fee simple interest to the RMS Corp.
- Pages 3, 5, 9 and 20 opine that transferred, sold and conveyed are words of conveyance.
- Page 8 “…complete divestment of the Grantor’s right, title and interest…”
- Pages17 and 20 opine that the transaction is governed by civil, i.e. Guam, law not Church law.
- Page 28 is the Decree of Designation showing the name of Msgr. David C. Quitugua who was named in the Decree of Designation incorporated into the DDR which enjoined the Vicar General Quitugua to:
- Monsignor David C. Quitugua, JCD has been appointed Acting-Rector of Redemptoris Mater Seminary in Yoña effective Sept. 1, 2016.
“Why? Why do these people continue in this false charade? Is it ignorance, or is it malice?” Neither one is an acceptable answer. Or perhaps, the answer is somewhat more simplistic – perhaps the obvious explanation is greed; that there are some who prefer their blindness and prefer to remain in darkness, because there is a desire to cash in on the sale of the Seminary Property (for which a handsome commission would be garnished [sic]). Greed can easily blind even the smartest man from seeing the absolute truth to what this Seminary truly is for Guam and the Pacific, a vital organ of our Church.
“§ 55.10. Tampering With Public Records; Defined & Punished. (a) A person commits an offense if he: (1) knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government; (2) makes, presents or uses any record, document or thing knowing it to be false, and with intent that it be taken as a genuine part of information or records referred to in Paragraph (1); or (3) intentionally and unlawfully destroys, conceals, removes or otherwise impairs the verity or availability of any such record, document or thing. (b) An offense under this Section is a misdemeanor unless the defendant's intent is to defraud or injure anyone, in which case the offense is a felony of the third degree.”