SARAH Kapileo is appealing to the CNMI Supreme Court the order of Superior Court Associate Judge Joseph N. Camacho, who ruled that she is not the biological child of Francisco Omar Kapileo based on a DNA test.
As she is not the biological child of Francisco, she cannot inherit his land, the judge added.
Kapileo, who was represented by attorney Joseph Horey, filed the appeal on July 18.
Background
On Feb. 23, 2000, Francisco Omar Kapileo and Rungthip Sartklong were married.
Francisco was a Northern Marianas Descent Carolinian man while Rungthip is a Thai woman.
On Aug. 24, 2004, Sarah was born.
Sometime in 2011, Rungthip left Saipan and moved to Guam. Francisco stayed on Saipan.
Sometime in 2015, Rungthip came to Saipan and took Sarah with her to Guam.
Sometime in 2017, Rungthip filed for divorce on Guam. Francisco never entered an appearance in the Guam divorce action.
On Dec. 13, 2017, the Guam Superior Court issued an interlocutory judgment of divorce by default and final decree of divorce in Kapileo v. Kapileo, DM0416-17 in which the Guam Superior Court awarded Rungthip Francisco’s house, Lot No. 011 G 1038, in Kagman, Saipan.
Francisco died on Aug. 14, 2021.
On Oct. 29, 2021, a probate action was filed in the CNMI Superior Court.
On March 23, 2022, a DNA test was taken pursuant to the court’s order granting a petition to appoint an administrator and for letters of administration. One of Francisco’s siblings, Vicente Omar Kapileo, submitted his DNA along with Sarah’s DNA to test Sarah’s biological relationship to Francisco.
On March 31, 2022, the result of the DNA test confirmed that it “was 1,000 times more likely that the alleged uncle [Vicente] is unrelated to the child [Sarah] as opposed to related.”
On Dec. 19, 2022, Rungthip transferred her interest in Lot No. 011 G 1038 to Sarah through a quitclaim deed.
On May 17, 2023, Sarah filed a motion to dismiss or distribute, saying that Lot No. 011 G 1038 is not part of Francisco’s estate.
On June 30, 2023, the estate administratrix filed an opposition to the motion for dismissal or for final distribution and counter-motion to dismiss the heirship claim of Sarah Kapileo, and to amend the petition to identify the heirs of the decedent’s estate.
In effect, the administratrix objected to Sarah as an heir because Sarah was not the biological daughter of Francisco.
At a hearing on July 20, 2023, Sarah testified that she had high hopes the DNA test result would resolve the issue and put to rest any doubts. Sarah also testified that she wanted both the house and the land.
