Lizama issues ruling on heirship claim

Superior Court Associate Judge Juan T. Lizama has issued a decision pertaining to a partida issue over the ownership of a house in Chalan Kanoa.

Partida is a Chamorro custom that occurs when the father calls his family together and outlines the division of property among his children.

Lizama said after reviewing numerous cases, he has not uncovered a single case in which a partida was used to convey something other than land.

Partida is not the customary method for conveying a family home, said the judge in his ruling that denied Velma Lee Iglecias’ claim for inheritance from the estate of Antonia Manglona Iglecias (Tan Antonia).

Lizama said even if Velma’s grandfather, Anselmo Iglecias (Tun Anselmo), properly conveyed the family home through oral conveyance during a partida, there is evidence to show that this conveyance was revoked the night before he died.

“Given that Velma was not the child who stayed with Tun Anselmo and (his wife) Tan Antonia throughout their old age and death, and given that any oral conveyance of the home appears to have been revoked, this Court cannot find that Velma is entitled to the family home by virtue of Chamorro custom,” the judge said.

Court records show that Velma was born to Antonia Iglecias, daughter of Tan Antonia in 1976.

After her birth, Velma was brought to the home of her grandparents Tun Anselmo and Tan Antonia, where she lived until 1989 or 1990.

Antonia was living at her parents’ home in Chalan Kanoa at the time. Two years later, Antonia left Saipan to live in Guam. She left Velma with her parents.

After about two years, Antonia returned to Saipan to retrieve Velma. However, upon Tun Anselmo’s insistence, Antonia agreed that Velma would remain in the Chalan Kanoa household.

In 1985, Tun Anselmo and Tan Antonia applied to receive benefits from the Northern Marianas Social Security Office by claiming that Velma was their customarily adopted child. The application was granted.

In 1989, with Anselmo’s blessing, Velma moved to Guam to go to school. In Guam, she lived with her mother Antonia.

Tun Anselmo gave Antonia and Velma substantial support, which helped pay for Velma’s school tuition, airline tickets, and living expenses.

On Thanksgiving Day in 1990, Tun Anselmo called a family meeting about the disposition of family property.

Tun Anselmo’s two natural daughters, one natural son, two sons-in-law, Tan Antonia and then Judge Alexandro Castro attended the meeting.

After Tun Anselmo spoke about how the family property would be distributed, no one raised any question or objection.

The meeting was later memorialized in a document. Tun Anselmo did not sign the document.

In 1992, Tun Anselmo requested that Velma return to Saipan, as he had become very ill. When Velma and Antonia returned to Saipan, they stayed in the adjoining house of Antonia’s sister.

In Dec. 1992, shortly after Velma’s return to Saipan, Tun Anselmo died.

The night before he died, Antonia and her siblings attended a meeting with Tun Anselmo and Tan Antonia.

Antonia states that Tun Anselmo expressed his discontent that Velma did not live in his household upon her return.

Tun Anselmo announced his intention to revoke the bequest to Velma of the CK house. Antonia testified that she didn’t think he meant what he said.

After Tun Anselmo’s death, Tan Antonia continued to live in the same household.

Tan Antonia’s daughters and son and Velma helped to care for Tan Antonia until she died in 2000.

Attorneys Lillian A. Tenorio and Robert T. Torres, served as counsel for Velma in her heirship claim.

Lizama said during and prior to the hearing, Velma produced substantial evidence regarding her status as poksai.

Poksai is a Chamorro custom involving the raising or nurturing of a child by an adult or adults other than the child’s biological parents.

Lizama said Velma, however, produced no evidence that Chamorro custom grants her the full inheritance rights of a customarily adopted or a natural child.

This court is well aware of the provision in the Commonwealth Code for treating customarily adopted children as the “children” of their adoptive parent for purposes of intestate succession, Lizama said.

However, the judge said, he is not convinced that evidence of poksai status suffices to prove a customary adoption.

The natural desire to care for and protect a child (such as Velma) should not be a license for the child-beneficiary to take from the caretaker’s estate, Lizama noted.