The former senator says the Department of Land Management still has to go through the process of petitioning the Superior Court of Guam to correct their mistake.
Guam – Despite a statement from the Department of Land Management regarding the disputed Yona seminary’s ownership, former Senator Bob Klitzkie says he’s not satisfied and he believes Land Management still has not made any effort to correct their mistake regarding the multimillion dollar property.
“So all of the times I went and asked him when are you gonna file the petition, he showed a complete lack of candor,” argues Klitzkie.
The issue stems from a publication of the certificate of title the Archdiocese of Agana published on November 29 in their newspaper, the Umatuna Si Yu’os. In it, the Archdiocese claims that the certificate of title proves they are the true owners of the property and not a third party as many critics have argued.
The problem is, and as acknowledged by Land Management, the certificate was missing key information—the controversial deed restriction that critics say deeds the property over to a third party indefinitely, essentially giving the multimillion dollar property away.
When Klitzkie brought this error up to Land Management Director Mike Borja, the director responded, acknowledged the error and even tried to fix it with a handwritten version of the deed recorded on the certificate of title. Klitzkie was still dissatisfied with the handwritten version, pointing out that it does not fix the problem.
Borja agreed, and on January 20, Borja wrote to Klitzkie and told him that he had sent a petition to the Attorney General’s Office so that they can file it with the Superior Court of Guam to fix the error. Klitzkie points out that this is the only way to correct the error as per Guam law.
Klitzkie then sent a Freedom of Information Act request to Borja so that he could take a look at the petition.
The response Klitzkie got for his FOIA?
“His response to that request was ‘none.’ Big letters, ‘none.’ In other words there was no petition; there were no papers. The Attorney General of Guam, Elizabeth Barrett-Anderson, advised him [to] petition the court, correct the erroneous memorial. He didn’t do that,” argues Klitzkie.
Instead, Borja, last Thursday, issued a statement to the media noting that they had decided to correct the error by following a different law. Borja says that because the Archdiocese of Agana had duplicate copies of the certificate of titles, they were able to cancel the erroneous titles and re-issue new ones with the correct information regarding the deed restriction.
We asked Klitzkie if he thought DLM’s statement was enough.
“No, no. Finally the correct words are on a piece of paper called certificate of title, but this is the fourth certificate of title altogether or fourth piece of paper that says certificate of title that has come out of that office,” says Klitzkie. “Until the director, Mike Borja, actually does it right by petitioning the court, we’re just talking about new papers, that even though they contain the right information, are wrong.