tag:blogger.com,1999:blog-8205973525389434155.post5078791416902833426..comments2024-03-20T11:41:40.379+10:00Comments on Neocatechumenal Way - An Insider's View: Opinion of CounselDianahttp://www.blogger.com/profile/13613247477141929635noreply@blogger.comBlogger19125tag:blogger.com,1999:blog-8205973525389434155.post-78750766425774761672015-07-19T13:16:12.357+10:002015-07-19T13:16:12.357+10:00Dear Anonymous at 1:09 pm,
Thank you. That is m...Dear Anonymous at 1:09 pm, <br /><br />Thank you. That is much more specific. Dianahttps://www.blogger.com/profile/13613247477141929635noreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-3385358849619887792015-07-19T13:09:23.045+10:002015-07-19T13:09:23.045+10:00Hello, I am anonymous at 1:11, 9:50, and 10:19. P...Hello, I am anonymous at 1:11, 9:50, and 10:19. Perhaps an amendment could include some plain language which expressly indicates that the instrument does not constitute a conveyance of title and that the office of the Archibishop retains sole control over the property. Perhaps Mr. Terlaje could be engaged in drafting such language. The amendment would then be signed by the Archbishop and the Board of Guarantors.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-20449560051840996962015-07-19T11:12:46.866+10:002015-07-19T11:12:46.866+10:00Dear Anonymous at 8:59 am,
I asked to be specifi...Dear Anonymous at 8:59 am, <br /><br />I asked to be specific in his suggestion. Dianahttps://www.blogger.com/profile/13613247477141929635noreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-23207633144914296512015-07-19T08:59:14.540+10:002015-07-19T08:59:14.540+10:00I'm just following up on your discussion betwe...I'm just following up on your discussion between an Anonymous poster: Anon @ 9:50PM and your agreement with the comment @ 8:45AM which led to the suggestion @10:19. If you believe the suggestion not necessary, then just say so. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-40839920160334897042015-07-19T08:32:25.928+10:002015-07-19T08:32:25.928+10:00Dear Anonymous at 8:00 am,
The confusion started...Dear Anonymous at 8:00 am, <br /><br />The confusion started because the former finance council thought that the Archbishop was giving away the property so that it no longer belongs to the Archdiocese of Agana. Below is a weblink showing an official document of the title that the RM seminary belongs to the Archdiocese of Agana that was passed in January 2012 after the finance council was removed. The title reads: <br /><br />Title Guaranty of Guam, Inc. hereby reports that the title to the land described in Schedule "C" attached hereto is vested in: Archbishop of Agana, Anthony Sablan Apuron, , a Corporation Sole, OFM, CAP., D.D. Incumbent <br /><br />http://www.scribd.com/doc/260097091/RMS-PTR-L90-2-R1-RNEW<br /><br />What do you suggest should be amended in there?Dianahttps://www.blogger.com/profile/13613247477141929635noreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-64163677118575124952015-07-19T08:00:33.607+10:002015-07-19T08:00:33.607+10:00Yes, yes, yes....but the question is: what do you ...Yes, yes, yes....but the question is: what do you think of Anonymous at 10:19's suggestion "to amend the instrument such that the confusion is extinguished", given the archbishop has complete control of the property.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-28487480926389400092015-07-19T06:56:19.011+10:002015-07-19T06:56:19.011+10:00Dear Anonymous at 6:01 pm,
Hello....that is why ...Dear Anonymous at 6:01 pm, <br /><br />Hello....that is why I said it explains the Archbishop's letter. The AFC did not understand the difference so the Archbishop explained to them the difference in his letter and even cited the canon laws.Dianahttps://www.blogger.com/profile/13613247477141929635noreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-22540567279876137232015-07-18T18:01:03.576+10:002015-07-18T18:01:03.576+10:00Hello....follow the thread here! Exactly what Ano...Hello....follow the thread here! Exactly what Anonymous @ 10:19AM suggests.... iAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-18400437956038246552015-07-18T17:55:39.469+10:002015-07-18T17:55:39.469+10:00Dear Anonymous at 5:52 pm,
What do you suggest t...Dear Anonymous at 5:52 pm, <br /><br />What do you suggest that the Archbishop should do? What first step should he make? Could you be specific in your answer? Dianahttps://www.blogger.com/profile/13613247477141929635noreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-47439403627586793762015-07-18T17:52:38.020+10:002015-07-18T17:52:38.020+10:00Diana @ 5:13pm--
But don't you agree that Anon...Diana @ 5:13pm--<br />But don't you agree that Anonymous has a point in that such a move would constitute a first step towards fixing at least this point of contention? At least it'll show good faith on the Archbishop's side.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-6080095018572126382015-07-18T17:13:40.703+10:002015-07-18T17:13:40.703+10:00Dear Anonymous at 10:19 am,
That depends on whet...Dear Anonymous at 10:19 am, <br /><br />That depends on whether the other side is committed to listen. It takes two people to make any relationship work. Dianahttps://www.blogger.com/profile/13613247477141929635noreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-5749298074610655402015-07-18T10:19:12.556+10:002015-07-18T10:19:12.556+10:00If the archbishop is in complete control of the pr...If the archbishop is in complete control of the property, perhaps it is within his power to amend the instrument such that the confusion is extinguished. Better to light a candle then to curse the darkness.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-21642088222737643082015-07-18T08:45:04.073+10:002015-07-18T08:45:04.073+10:00Dear Anonymous at 9:50 pm,
I agree with your com...Dear Anonymous at 9:50 pm, <br /><br />I agree with your comment here. I think this also explains the Archbishop's letter when he tried to explain the difference between alienation and assignment to the former Council Board. Dianahttps://www.blogger.com/profile/13613247477141929635noreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-63194291440130903432015-07-17T21:50:58.085+10:002015-07-17T21:50:58.085+10:00An assignment appears to be a type of transfer. T...An assignment appears to be a type of transfer. The definition of assignment that you cite to above includes the transfer of title. In legalese, title equates to ownership. Thus, an assignment appears to be a transfer of ownership. The point is that there is a cloud (uncertainty) on the present ownership of the property due to less than articulate drafting of the instrument. I don't presume to know what a court would decide, however, I think confusion could have been avoided with proper drafting of the instrument. It seems that Mr. Terlaje recognized the possible confusion this would create. Unfortunately, his advice was not taken.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-10526882859591422642015-07-17T07:22:33.075+10:002015-07-17T07:22:33.075+10:00Dear Anonymous at 1:11 am,
An assignment is a di...Dear Anonymous at 1:11 am, <br /><br />An assignment is a different kind of transfer. It is not what we think. According to US legal.com: <br /><br />"An assignment is the transfer of a property right, title, or interest under an agreement to some particular person.[i] However, in In re Ashford, 73 B.R. 37, 39 (Bankr. N.D. Tex. 1987) every transfer of interest is not an assignment. -<br /><br />http://assignments.uslegal.com/distinction-between-assignment-and-other-transfers/<br /><br />The weblink above shows that there is a difference between an assignment and transfer. A transfer that involves the selling of a property (for example) is not an assignment. Dianahttps://www.blogger.com/profile/13613247477141929635noreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-86582842203869673092015-07-17T01:11:18.951+10:002015-07-17T01:11:18.951+10:00In legalese, assignment means to transfer title. ...In legalese, assignment means to transfer title. See http://thelawdictionary.org/assignment/Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-62443931021761997892015-07-16T09:19:19.096+10:002015-07-16T09:19:19.096+10:00Dear Anonymous at 2:29 am,
Guam's civil law ...Dear Anonymous at 2:29 am, <br /><br />Guam's civil law also includes religious organizations. This is why there are law firms and lawyers specializing in religious institutions and corporation soles. According to Guam's law regarding religious corporation sole: <br /><br />"§ 10105. Property to be Held in Trust. From and after the filing with the Director of Revenue & Taxation of the said articles of incorporation, verified by affidavit or affirmation as aforesaid and accompanied by the copy of the commission, certificate of election, of letters of appointment of the bishop, chief priest, or presiding elder, duly certified as prescribed in § 10104, such bishop, chief priest, or presiding elder, as the case may be, shall become a corporation sole, and 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. For the filing of such articles of incorporation the Director of Revenue & Taxation shall collect Twelve Dollars and Fifty cents ($12.50). SOURCE: CC § 504. <br /><br />§ 10112. Religious Corporations to Hold Land. It shall be lawful for all religious associations, of whatever sect or denomination, whether incorporated in Guam or in some other country, or not incorporated at all, to hold land in Guam upon which to build churches, parsonages, or educational or charitable institutions. SOURCE: CC § 511. <br /><br />www.guamcourts.org/CompilerofLaws/GCA/18gca/18gc010.PDF Dianahttps://www.blogger.com/profile/13613247477141929635noreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-87250348862652246252015-07-16T02:29:13.359+10:002015-07-16T02:29:13.359+10:00Not to defend the jungle, but this doesn't hav...Not to defend the jungle, but this doesn't have anything to do with religious organization. It has everything to do with Guam law. <br /><br />Even if the scenario were the same, but the characters were different, a trustee instead of the archbishop and family members of the trustee instead of the catholic faithful - the outcome would still be the same. Religious institution isn't much of a big deal in this topic. It has no influence over civil law - Guam law...just sayingAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8205973525389434155.post-74971483954370874862015-07-16T01:01:08.198+10:002015-07-16T01:01:08.198+10:00and they also stated that their sorrow over the as...and they also stated that their sorrow over the assignment is that because of it the property can't be sold (properly alienated) for big bucks, thereby revealing their true motive behind making fuss over the assignment. One must be blind not to see that they are whining 'cause they want the seminary not to exist, so their pretext of complaining that it is not in the control of the archdiocese is an outright lie. You can't want something to be controlled by someone and at the same time wanting it not to exist. Something that doesn't exist is not controlled by anyone. Anonymousnoreply@blogger.com