On September 23, 2024, the Supreme Court affirmed the dismissal of Appellant John S. Pangelinan’s claim on an issue the probate court had already decided in 2016. The Court also affirmed the trial court’s entry of judgment for abuse of process and an award of damages for attorney’s fees to Appellees Secundina and Selina Pangelinan. Finally, the Supreme Court rejected arguments that Appellees libeled John, that the trial court erred in setting aside an entry of default against Appellees, and that the trial judge should be disqualified and reversed for bias.
This case stems from the 2016 probate of the estate of Norberto Eduardo Pangelinan, Appellees’ late husband and father and John’s first cousin. During the probate case, John claimed that Norberto was not of Northern Marianas Descent (“NMD”), and therefore he and his heirs could not own land under Article XII of the NMI Constitution. John argued that he should inherit the land instead. The probate court found that Norberto was NMD and dismissed John’s claim. In a follow-up lawsuit, John attempted to bring the same claim about Norberto’s NMD status again, and the trial court dismissed his claim on the basis that the issue had already been decided.
In its opinion, the Supreme Court affirmed the trial court’s dismissal because court decisions that determine a person’s NMD status preclude parties in John’s position from raising the issue again. The Supreme Court affirmed the award of attorney’s fees to for abuse of process related to his actions during the probate proceedings.
2024-PR-0014
FOR IMMEDIATE RELEASE
SEPTEMBER 23, 2024
This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov.
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