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Klitzkie to John Camacho, Director of Revenue & Tax - May 9, 2016. Inquiry into RMS Articles of Incorporation as amended on Jan 29, 2015.
https://www.scribd.com/doc/314428632/2016-05-09-Klitzkie-to-JohnCamacho

Klitzkie to AG Barrett-Anderson & Mike Borja - May 3, 2016 , RE: Making a record
https://www.scribd.com/doc/313232770/2016-05-03-Klitzkie-to-AG-Borja

Declaration of Deed Restriction recorded at Government of Guam Department of Land Management, November 22, 2011, affecting the four parcels of property collectively referred to as the "former Accion Hotel property. The Declaration is in effect an instrument of conveyance of title from Archbishop of Agana, A Corporate Sole, to Redemptoris Mater Seminary, a Guam corporation.


Bronze Legal Opinion. A May 2015 legal opinion by Guam attorney, Jacques Bronze, illustrating:
1. The Declaration of Deed Restriction is an instrument of "absolute conveyance in fee simple."
2. The corporate structure (articles and by-laws) of Redemptoris Mater Seminary, remove the Archbishop of Agana from majority control of corporate decisions.


18 GCA § 10105. Title 18, Section 10105 of the Guam Code Annotated regarding the formation and governance of a Corporate Sole. Of particular interest is how Guam law treats the assets of a Corporate Sole:

"...all temporalities, estates and properties of the religious denomination, society, or church theretofore administered or managed by him as such bishop, chief priest, or presiding elder shall be held in trust by him as a corporation sole for the use, purpose, behoof, and sole benefit of his religious denomination, society, or church, including hospitals, schools, colleges, orphan asylums, parsonages, and cemeteries thereof." 


Can. 1292. Canon law (Church law). The provision regulating the alienation of goods, specifically wherein the diocesan bishop is not free to act without the consent of the finance council, the college of consultors, and the Holy See. (Due to the value of the former Accion Hotel property (40-75 million), said consent was required. Archbishop Apuron did not receive the required consent when he transferred title to the subject property via the Declaration of Deed Restriction. 


Can. 1292 §1. Without prejudice to the prescript of ⇒ can. 638, §3, when the value of the goods whose alienation is proposed falls within the minimum and maximum amounts* to be defined by the conference of bishops for its own region, the competent authority is determined by the statutes of juridic persons if they are not subject to the diocesan bishop; otherwise, the competent authority is the diocesan bishop with the consent of the finance council, the college of consultors, and those concerned. The diocesan bishop himself also needs their consent to alienate the goods of the diocese.

§2. The permission of the Holy See is also required for the valid alienation of goods whose value exceeds the maximum amount, goods given to the Church by vow, or goods precious for artistic or historical reasons.

*In 2011, the "maximum amount" defined by the Episcopal Conference of the Pacific, to which the Archdiocese of Agana belongs, was ONE MILLION DOLLARS. 

1 comment:

  1. Sue Apuron for raping these young boys - which caused traumatic events throughout their lives - at a minimum of 100 million dollars. Seek justice - such as removing him from the Island of Guam, and send him to prison for 50 years. This is what I called justice in the name of the law, the church and in fairness to the people of Guam.

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