Robert Klitzkie, Esq. ‘22 aki Ct, Yigo, GU 96929 (671) 653-6607 Lelitekie@hotmal.com September7, 2016 Re: Mog. David C. Quitugus, the Youa property and the RMS Dear Archbishop Hon and members ofthe Fresbyteral Council “FURTHER AND DECREE AND ENTRUST TO THE VICAR GENERAL, MONS, DAVID C. QUITUGUA THE FULL POWER AND AUTHORITY TO PERFORM EVERY ACT AND ‘THING WHATSOVER THAT IS NECESSARY OR APPROPRIATE TO ACCOMPLISH THE PURPOSE HEREIN, ANDI HEREBY RATIFY AND AFFIRM ALL THAT THE ‘VICAR GENERAL LAWFULLY DO OR CAUSE TO BE DONE BY VIRTUE OF THIS DECREE.” ‘Set out supra isthe penultimate paragraph of the penultimate page of the DECREE OF DESIGNATION that is in iacomporated into the Declaration of Deed Restriion (DDR) ‘of November 22,201 by which Apuron! gave away the Yo propesty. And fom the ‘Unaarune Si Yu'9s for September 4 “The Archdiocese of Agus vauiounces tice new priest eppointmnats made by Archhishop Savio Hon Tai Fa, SDB. Avisos were issued forthe following: ‘+ Monsignor David C. Quitugua, CD has besn appointed Acting Revte of| ‘Redemptoris Mater Seminacy in Yor effective Sept. 1, 2016, Even a casual reading ofthe DDR as it incorporated the Decroe of Desigaatien shows ‘that it gives Monsignor David C. Quitugea fll power to perpetute that which ‘Archbishop Hon on August 17 asked us for out help to tenminat, Reading the thre documents in ther entirety makes it clear that Archbishop Hon has ‘appointed Monsignor David C. Quitagua tobe in charge of the very Vota relty tht he ‘assisted Apuron in giving away. Now Archbishop Hon bas appointed Monsignor David Fao ne Alero Rockigue signed as Vee Chater.‘C. Quitugua tothe ideal position in which to comply withthe Decree of Designation perpetuating the alienation of the Yo realty My leter of September I read in pertinent part: “When David Sablan, Richard Untalan and I made our presentation on August 11, I volunteered to make suggestions that might help the ‘Archdiocese reoaver fee title to the referenced property. 1 indicated thal in ‘order for me %0 be suce that Archbishop Hon sincerely desired retum of fee simple ttle unencumbered by the deed restriction which reads in pectinent part, “IN PERPETUAL USE AS A SEE..." evo actons on his part would be nesessary: 1) a comecton of Hon's “there is no doubt” comment re the ownership of the referenoed propery. 2) correction in the Umatuna $i Yu'os for November 29 that deliberately ran a grossly misleading, bogus certificate of tile for the referenced lanc {See accompanying copy ofthe Umatuna sad Vi, supra.) “1 will postpone reiteration of those matters atleast temporarily in favor of explaining. wa I think could be done to recover the Yofia property free of the “IN PERPETUAL USE AS A SEE ...” restriction so that it once again becomes an unencumbered part of the patrimony of the Arcadiocsse of Again and not the private fcf of the Nescatechimensl Wey.” [footnotes omitted) : ‘The day afer this email was seat Iwas confronted by this ine ina PDN story: “-Quitugua, meanviile, replaces in a temporary capacity the Rev. Plus Sammut as rector ofthe Redemptosis Mater Seminary in Yona.” ‘So Archbishop Hon chose to assign Apuron’s key accomplice inthe giveaway to serve as rector ofthe RMS. This caused me to see the err in my not laying out the details of ‘Msgr. David C. Quituqua’s central roe in the giveaway. 1 will now correct tht error. ‘What follows are edited pats of my May 3 letter o Atiomey General Elizabeth Anderson and Director of Land Management, Michael Borja eniled, "Making a Record.” (have ‘attached the entre leer for you easy reference:) “1. The appropriate place to start is with the Umatuna Si Yu'os for November 29 of last year. A picture of a certfcate of ttle (Certificate) for one of the subject parcels was prominenlly displayed on the front page of the Umatuna along with narrative by Megr. David C. Quitugua, the Vicar General of the Archdiocese of Agafia. The Certificate {ip de San Viorea Theological Inetete for Oosaia, did nt tansfer or ‘ena the Serinary propery, but merely grated to the Seminar’ « erpatal use rghtin the Proper ‘Regarding the contrary Jegal opinion presented by ettomey Jacques Bronze, Lewis Roca tes declared that few legal offices are eble to traluote in specie area of Ia, "For those lawyers who regularly paste i is specialized erea of religious instutons lave, incding {he intersection of canon and secular la, the conclusion reached here had the Arcishop 18 in contol of the Property would mo Be at ell Comroversial*"Taas, wile legal opinion is simply an opinion of one, ‘he Bronce epcion is simply wrong.” “Tele also tls usin the Op “ama trained lawyer, and ave practised Taw ot Guam for more than 16 yo 9, Ateived lawyer” wth 16 year experince was so aware ofthe Dosirtion of Deed Ruts tat te oped pobily abut it. When the Vicar General published the bogus Carifcate he knew ofthe Deslation af Deed Restrsion, 10, The Cesta the Viour General published the October 30 Unstune bere this legend ‘on ie boton‘Duplicate Title 20 GCA 29124 probably bringing at eat the View General's conduct within the ambit of 9 CICA § 55.10 ‘which reads: °§ 55.10, Tempering With Public Resorts; Defi & Punished (8) A person commits an offense if he: (1) knowingly makes a tse erry in or Talc alicrtion of ny record, document er Gane belongango, or recived for kep by, the goverment for inonmadon reco or gaol by law 0 be kept by oer for fnvormation ofthe goverameck: (2) makes, pesens fr uses any reerd, docaunent or thing knowing i be fale, and wi ent tat be taken aw genine pst of infomuation or record refered to in Pararapin (U); or @) inteatonaly and uolasfily desroys, cancels, ‘ernoves ct otherwise impairs te verity or availablity of any such rear, ‘ocurneat or thing. () An offerse under this Section is « misdemeanor toler the defencant' inst i to defraud or injure anyone, in which ase the oflense felony ofthe third degre.” 11, Of course the crucial question is, How di the bogus Cerificate get from ‘Teleje/Bvengelist fo tho Vent General for pxblication inthe Urata” I ny case, Aer the publication ofthe bogus Cette nat ope of the three came forward to crret the reson 12. On December 15 tae Deputy Regisuar of Ties, Andrew D. Sanos, made pen and ink entries op the Contionet showing the memorial of the Declaration of Deed Restiction. Beoause Boy volsted the Sunsbine Law T have bees unable to obcin any ‘ocuments reseribing fe duties of the Depaty Registar of Ties s0 can't determine Mio cuouty Santos tercised when be mare pon and fk engi on the Ceriistes ‘ee ypowniten else, bat assure argnenda that he had noe. 13. Ths time Santos got the memorials for the Declaration of Deed Reston inthe ‘hah place on the Cerabcatee but made an even raver eor thn the ane made with the Heer y Coniboree Santon’ December 15 Cercaes shove tht the Declacaion of ‘Deed Reston rans in favor of Archbishop of Agafa, a Corporation Sole, Amhony S, ‘Aouron, Incumbent! ‘That's ght. istea of the Decaraio of Decd Restriction raming in fivor of The Redemptoris Mater Archdiocesan Missionury Seminery of Guam, ec, ‘antes once again favored the Vioor General's postion by showing the, Deslaraion of [Deed Reanicon not wa charge agnint the tlle of Corporation Sole" bat in favor thereat! 14, That mae two fuge bones” on Santos” part. But he wasn’ finished. ‘Cn Desenber Te presented a copy ofthe RMS Beonz> Legs! Opinion which shown that fe id othe fandis i NOT inthe Archbiskop of Agata, x Comporation Soe, Anthony S. Apuron, [cursbens, ba in the Redemplors Mate Archiiocesan Miasionory Seminary of Gaara,ete. The key language in the opinion. to include, inter alia, words of conveyance where Iighlghed. The impor ofthe language was explained. ‘Thereapen Sanos said that he dado show itt “ibeir owyec” suggested showing it to Boga als Later eveais Showed that Sens did pot show this repost to enyone. Borje and sssistat atomey ‘Beneral Krtstan Haney were proviced copies on anuary 7° 15, On Devember 15 copies of the Certfcaes were trnsmited by Santos” secret, “Tea Teves, to Terise. To summarize at this poiat, all of Ssatos" actions re the 16, Teraje apparently hung on to the Certieats for vee months wnll as Fane sated inher tte Baja of March 15: “1 understand that the propary owner is willing to present tbe owner's fuplicate certificates. forthe isuance of anew Cerifinte of Tile with ‘be conect memorial 17, Quaore what result had the mater not been brought to Bog’s attention in my eter of December 29? Terlaje roferd the Certificates to avoid lignin, Thus were it not for Boja's January 20 later, citing, Atorey General Bizaeth Barrett Anderson’s ‘advice tat tigation was reqited, the December 15 Ceificates which favored the Vicar Generat’s postson could have remained in defisde ad infiniti and oaly te bogus (October 30 Certificate, ic, the one with tbe missing memota, would have been known, to the pblica large. 18, From the “call into Senos” fice on Octoter 27 last yeas tug Fintey’s note of “March "3 and Bare Anderson's note of March 31, Terje appas tobe the key ployer Finney": note revered Ge deision of her boss The Attomey Geserl of Guam, Elizabeth Baret-Andason, General Andemon's ote of March 31, concaing with Finney’s of ‘March 15, once aguin crypcally dislowed Ge partsipation of Tera, which was spparelyeispostive ‘Shorly therafier, our OMice was coolacted by Counsel fr the se okie informing vs thi there vas no oljection to your Department Making, the becessery cotrectins aad. administeatvely inserting. te jmopet morliation to eoch of the CTs. This proces spite under 21, cA $9160 19,0 hase oa Terlae’s lack of objection to presenting the flaw December 15, ‘Ceneaes which Telaje should have sua sponte ipedtely surface, Finneyabrogated Generl Anderson's advice o Borja. After Borja called General Anderson ox, ‘he concured with Finey's desision “The statute: 2160, Instruments intended to Cree Charges Upen Land: New Cerfcales, On te filing inthe registrar tice of an instrument minded to create @ change on registred Ind and upon the production ofthe Gopliete certideae of tide, whenever it appears Com the origina ‘cerfcateof le hat the person imtendng o crete the charge as the title land rghtio sete such ebarge aad the person in whore favor the sme i ‘Sought tobe creatod is eattled by the tems ofthis In to have te same fegitoed te registrar shall cot pon the original aed dupicas ‘Coriicates amenoral of the parpor thereof [New ceroMeates: “No new serlfcte of tile shall be entered and mo metsorandum shall be race upon aay cetfcate of title by the registrar in pursuance of any deed, x ther voluntary instrument, unless the owne:’s duplicate certificate of ‘ie ie presented with such instrument, excep a cases expestly provided far in his Taw, o¢ upon the onder of the cout, for eause shown, and ‘whenever such order #8 ade, a memocal thereof shall be entered upon the new cerficae af ie aad on tbe owas duplicate.” Dapllcat certificates: ‘The podhcton of the owners dapicae certicat, whenever a vokminy Instrument i presented for registaon, shall constitute authority fromthe regisered owner Io the registrar to issue a new certifies orto make & fmcoenal in accordance with such instrument andthe oew certificate or the emcee! sill be binding upon che eexisteed owner aod upon all persons chiming under him is favor of every purchase fr value in 300d ft, 20, § 9160s the procedure for memsorializing any charg oa Ind. This isthe procedure ‘an Archbishop of Again, a Corporation Sole, Anthony S. Apuon, Incumbent, should Tnive uscd hea the Vicar General recorded tae Declaration of Deed Reaticon on ‘November 22 2011. NB the words “corecion” snd “cancelled” don't appear in § 29160 ‘uae the very nso re for21 GCA § 29195 Statues for corrections: By 29194, Conectons Altetions, or Eranures: How Only Made, Aft ‘he tna been soptred and « coriScete lesved thereon cr aNer ‘ewormfur, woation, or memoral has heen made on the Register of “Toe ances been attested, no corestion alteration, or eas shall be sade thin or hereof, exce! inthe mauner herein provided.§ 20195, Proceedings on Tennination of Registered Interests: Cost. A Teglsred owner or other person in interest or the regis, may at any time apply by petiloa to the court, upon tke ground thx registered intents of any description, whetier vested, contingent, eopecant, or incest, bave tecminsted and cxased, or hat new interests have arisen of been ereated which do aot appear upon the cerifistes or that any ‘Grliste or mitnorial haa boon mado, catered, endored ienued or ‘Cavelled by misao ha the ame of any person onthe crit has been changed by civore, adoption, oroter than by mariage ws provided Sarin § 29129 ofthis Coe,” 21, To old especially in the fae of § 2919, that § 29160 can be used for eomecting ‘Grioneous memorial is ike trying lo sudale boar, yet apporetlyTeraje was ale 19 ‘persue Flaey t accomplish the seemingly impossible. 22, Finney obviously conformed 1 the Terje gimmick whether it was sue sponte oF ‘hmaded down from General Apdenon, Teva's infueace fist became apparent in ‘Febraxy wien Finney began the “T've got to see what Jackie's got” routine. During DDevember aod January Borja was open end cocommodsting answering eters returning calls and easly abcesibe in his office. Borja wrota the etiached January 20 ter 10 ‘Pspond to mine of December 29. But come Febrory the hlackont ened. Borja was non ‘Compliatwith « Sunshine Law inspection. Bore never answered ltr. He and Finney Srstenod tet cere wat 4 pettion fo le eour when none existed. Rois explined in ROSE At hers were only five partion Hamel an th Archbishop” 23, General Anderson's advent didn’t improve communication. You will reall the Jarccram, vewopiosive reponse 10 2 letter conceming Finney's ethics. Even that loner woutd never bnve besn aeut were i aot for my call to tlk radio showt. The ‘Gnlogne on that show dripped wilh General Anderzon’s disdain for baving £0 even ‘snowedge the sein of my leer much less to correspond to or ay ee. 12. The tur azound began with Terlje’ssppazent involvement ang rented im my bein ‘eanaformed ftom 2 public spied whislcblower to a pariab for wbom even fscknowledgement of receipt of errespandenoe Was epugaant. {lose this coed the with conclusion that have reaches ‘Something very troubling has oscured beginaing wih the records ofthe Declaration of Deed Reston on November 22, 2011, ‘Aspblis officers [pe you to join mein geting tothe botom of very questionable faray of fats and circumstances jaPS. In scorlance with the custom established by General Anderson, 1am copying in ‘SeosiorTom Ada “PPS. Lance again petition you to we 21 GCA § 29195 to comet the ears inthe December 15 Certificates so that te restoration af credibly in your respective offices night tei, ce, Governor of Guam ‘66, Sensor Tom Ada "Fee ame pes pinyin he vas sce of and Manageme at nora my of he he Depa of Eye "You pal dey 1 rot eying pope by mame peed et ad wth Te Piney atic her vem h pry ore en ane! Ai “Cs! fr eile Ir" Sutos Law soqant 9 Bos oe ase led ely Tres sigetares tah Cert of “Tie ig ag xped nt be nner seven ue wih Tete ane hove i dealing We ‘pet pea {Ely taba of Tees ova rig ccings eid wit Doxa ou Fay in Feruny wis in “parton posed quis he Se pts mete! Bas ee of tary 20 oad De ‘fic Fon comp wool Toe ag." tw wn wih eke oe what's Ba SSE SRLS a se te br Sigh of Ocal Ards on of Mae nic ws ont Cl ore eho." ales tee! 2 Tae Oa Bar Anocitioe Menon Dinky hows: 2 Ole of Jaesuete Tatars Tre 2 inert conc dv his Sewers pe wie ti con bese. of whe inet pss eve mt sn tmehed sce fr Baus tr of Sey 20 wi sa ‘Sdctantng “seg Devic. Qutaps ICD, hse isi a th ly of Ancin Asia, Wee ee mast ahowaty th Je felling hr mane. He bbe View Gena, Medeor of CEAGIGRSY Vin as Vier Gere he ocho ie diner of he es, * aca te sare sade to 21 OCA 29124 “+: gor coat ie fe te Cnprtion Sle ut maine at 6 9 The Resets Mite ‘antslovean nay Seminary Gite 8am peo era aw sw as *saqusBrnz, fig sare ete tore eased ctl Gum, The On wll renamed CEGRE Eee salt ue Ophion sorte Gla of tess opines en eo he tence SREESPESS tue i x or Opn co bo a ent ego te par Fe DAY Brie aeroed nthe x ii Near Ties and hs come Sethe a, Eo a ean hn tsa ine ar catia charters hina or pa oro. Expectations or ‘able oil ae ropa Ncrewire) DIP ATTAMENTON MONANEHAN TANO! Copano of en (oavenmen' of Gsm) | RE: Your December 25, 2018 Letter, Erroneous Cortona of Tle Hale Adi Me is In a ‘low-up to your referenced lata, | have consutes vith the Deparment of tan Managements legal couse! and with th Adore General of Guar regain & remedy te Corectacertione ef tee wric a momen Ra beoneniore foro. aed on tei wes Sdn sccorsencs with Tike 29, Guam Code Artated, $2905, a peteon of atest ot he reglevaris equred t patton tho cour caret seereta of We, spccbcaty te Bx Ofc Ragaas of Ties, hae prepate and ‘Ses puto, ard se sosoare cami, he Oo a ie Rey Goer | 5 Stns nb in ipo Ca ci Gian a oon Lary, tie lator sonae to acknowledge rect of a document proved by you ented | IMS: Bronze Logal Opnion”