Having been caught with their collective pants down, the Kikos are scrambling to cover their now-grotesquely bared rear ends.
The Grant Deed filed with the Department of Land Management on November 14, 2016 conveying title to the Yona Property back to the Archbishop of Agana, A Corporation Sole (aka Archdiocese of Agana) makes it CLEAR that the 2011 Declaration of Deed Restriction did NOT just restrict the use of the property, but, as clearly documented by Guam Attorney, Jacques G. Bronze, was in fact an instrument of "absolute conveyance in fee simple."
Of course, the Kikos started to give up on the argument that the Yona Property belonged to the Archdiocese of Agana quite awhile ago and switched to arguing that the property was "still in the control of the Archbishop." Of course if that was true then a Grant Deed conveying the property "back" to the Archdiocese of Agana would not have been necessary. Obviously the Archdiocese' lawyers thought otherwise.
Tricky Dick tried to make this argument in his "pile of crap" press conference the other day. We already knew what his argument would be since The Diana has been using the same argument ever since Archbishop Byrnes authorized the transfer. In fact, Tricky Dick and Diana often seem to be the same person (ahem), but obviously May still does much of the writing.
Their argument is so funny. It follows the pattern we so often see. Something bad happens and they scramble to get out in front of it and say "see, we told you so," or try to make it appear that it was they who initiated the action, just like Apuron tried to make it look like he invited the Visitators here in January 2015 for a nice "pastoral visit" and tea; or like he tried to make it look like he was the one who personally sent Hon here in June 2016; and now how he and the Kikos are acting like it was they who got rid of Hon and got the pope to send Byrnes. LOL.
So now that the truth about The Property is on display for all to see, Tricky Dick et al are scratching and clawing to make it look like there's nothing to see here. "The Archbishop always had control," they say. "You see," they say, "with just a stroke of a pen he signed the property back to the archdiocese."
Uh, no. It wasn't with just the "stroke of a pen." Several legal documents besides the penultimate Grant Deed had to be crafted by a team of attorneys and legal advisors, and even with that, there was the questionable and dangerous move of abolishing the Board of Guarantors, which has always been the fly in the ointment, and purposely so. Attorney Bronze explains this in his Legal Opinion:
As you can see, there is NO provision for removing (abolishing) the Board of Guarantors and even dissolution of the corporation, usually the one power left to the incorporator, is hampered with loopholes.
All this was by design. The plan from the beginning was to create a legal entity under the willing Apuron that would withstand Apuron's successor should he prove not friendly to the Neocats. So how did Byrnes abolish the Board of Guarantors if the incorporation documents make no provision to do so?
Well, he just did it. And in doing so, he essentially dared Gennarini et al to come and get him (sue him). However, the architects of this strategy were betting that Gennarini et al did NOT want a judicial show down with a new archbishop who was only recently and personally appointed by the pope in such a high profile situation as what is happening in the Archdiocese of Agana.
Once it was decided that the Board of Guarantors could be neutralized, there were still several more steps to get the property back. Here is the outline:
- Pope Francis appointed Bishop Byrnes to be the coadjutor Archbishop of Agana, "with special faculties.
- Those "faculties" permitted Byrnes to assert himself as the Corporation Sole and replace Apuron, and the Corporation Sole Articles were thus amended.
- As the Corporation Sole, Byrnes took over the two RMS corporations (yes, there were two) as the Sole Incorporator.
- As the Sole Incorporator, Byrnes removed the directors from the boards of both corporations and appointed himself as the only director.
- As the "Board of Directors", Byrnes authorized and directed execution and recordation of a Grant Deed conveying the Yoña property from RMS back to the Archdiocese of Agaña.
- When the "fee title" returned to Archdiocese of Agaña via the Grant Deed, the "in perpetuity" restriction merged with the fee and was gone.
SO MUCH FOR TRICKY DICK'S "JUST THE STROKE OF A PEN!"
But what about the Board of Guarantors, couldn't they still sue? Yes. But when Gennarini was on Guam a few months ago and trying to cover for what he and Apuron had really done, he publicly claimed that the Board of Guarantors only exists to ensure the "purpose of the corporation." He publicly eschewed any claim to any form of governance over any other aspect of the corporation. This statement could be held and used against him if he tried to claim any other purpose for the Board of Guarantors regardless of what the RMS corporation documents say.
Gennarini probably felt safe in doing this because he probably thought "no one can touch me" Apuron was firmly in place for at least another 5 years.
The only possible way for the Neocats to turn things around now would be if Apuron is exonerated by Rome and given back his authority over the diocese. He could then undo everything that has been done and Gennarini could re-assert his control over RMS.
As crazy as this sounds, do not underestimate the Neocats. Kiko et al have spent a half a century building their Billion dollar empire. And as far as they are concerned, they are within only a few years of installing a Kiko-pope. If Apuron goes down, there would be a big gaping hole in the neocat flank, and bishops around the world, who abhor Kiko and his heresy as much as we do, would be emboldened to do what we are doing. In short, they cannot afford to let Apuron go down.
And as far as we know, the only thing standing between Apuron returning and us...is US, especially those damn picketers!