THIS is an open letter on behalf of my friend, the late Justice Pedro M. Atalig probate matter, concerning the published probate decision because I experienced a mirrored miscarriage of justice as Mrs. Nelida Atalig.
The late Justice Pedro M. Atalig’s estate, after 17 years in probate, is finally decreed against the non-NMD surviving spouse, Mrs. Atalig. But the decision is concerning because it contradicted Tudela’s 2009 MP 9 ruling that a non-NMD surviving spouse is privileged to own land within the Northern Mariana Islands. And Judge Joseph N. Camacho’s decision is an unconstitutional violation of Article 12 and Article 1, Section 6; for discrimination against the non-NMD surviving spouse, Mrs. Atalig.
The CNMI Rule of Probate Procedure Article III protects non-NMD Surviving spouses under Article XII exemption statute. And under the Chamorro Custom Statutory law and the Commonwealth Marital Property Act of 1990. Article XII (amended 1985) gives justice to those who are not Northern Mariana Islands descendants (non-NMD) surviving spouses. And the protection not be discriminated against under Article 1, Section 6.
My experience learned in court under Judge Camacho is noteworthy to share with the people. Because Judge Joseph N. Camacho’s final decision to deny the Atalig intestacy estate to the non-NMD spouse is a miscarriage of justice for misinterpreting the scope and definition of Commonwealth Probate Statutory law and the Constitution Article 1 and Article XII spouse privilege. I acted in a propria persona to protect my abused estate interest after the sudden demise of my attorney. And the absence of the Administrator’s support. And my son, Kenneth, is challenging parental rights under the Chamorro Customary law.
Judge Joseph N. Camacho judicially created a hybrid statute that changed legislative enacted probate codified law to deny the deceased spouse’s estate to pass to the non-NMD surviving spouse contrary to regulations.
With all due respect to Judge Camacho, his decision to deny Mrs. Pedro M. Atalig under Article XII non-NMD surviving spouse privilege after 17 years is unconstitutional. He also breached Article 1, Section 6 discrimination against a non-NMD spouse.
He based his decision on his patently unconstitutional decision in the Nauta case in which he defaced section 2, surviving spouse privilege, to suit my children to receive the estate. Doing so violated Article XII that CNMI law prohibited children from having an interest in the estate where there is a surviving spouse. Factually, Tudela 2009 MP 9 is the CNMI statute for non-NMD spouses noted under Article XII, Sections 1, 2, and 3.
Judge Joseph N. Camacho duplicated the Tudela unconstitutional violation of Article XII. I invoked the Caselaw 2009 MP 9, but still, he denied my invocation because Tudela is “without issue.” Tudela’s issue is immaterial because the law said, “without issue or with issue.” Camacho hybridized the law to satisfy the lawyer’s claim against the surviving spouse to deny a surviving spouse inheritance rights.
And without hesitation, Camacho patently denied my evidence that my father’s place of birth was Saipan. To refresh what Judge Camacho denied me in court is as follows: The Court Document reads, “William A. Nauta (“William”) was the only witness called to testify.”
Hence, I was the only witness called to testify. Because I was the only witness testifying, the court would have found my testimony regarding my father being born in Saipan credible, as there was no other witness to object or rebut my testimony.
Further, www.ancestry.com verified that my father, Jose Nauta, was born in Saipan in 1913.
I knew my father was a citizen of the Trust Territory, as my father told me countless times during my lifetime. For purposes of determining Northern Marianas descent and under Article XII, Section 4 of the Commonwealth Constitution, my father, Jose Nauta, was a full-blooded Northern Marianas Chamorro because he was born in the Northern Mariana Islands by 1950 and was a citizen of the Trust Territory of the Pacific Islands before the termination of the Trusteeship with respect to the Commonwealth.
If my father and mother have died and do not contest the father/son relationship, no one else can do so. Therefore, I am of Northern Marianas Descent. Whether my grandparents were citizens of the Trust Territory or not is irrelevant. My father, Jose Nauta, met the criteria of Article XII, Section 4 of the Commonwealth Constitution. Therefore, I am of Northern Marianas Descent.
Court evidence: Civil Action No. 15-0080 filer id: 62524544 published Caption reads, “Order denying motion to transfer properties pursuant to the CNMI Constitution, Article XII, § 2 that prohibits a non-Northern Marianas Descent surviving spouse from inheriting land when descent has Northern Marianas descent children who can own land.” This Caption is a judicially created hybrid statute, i.e., it changed the meaning of probate statute meaning.
This is patently injustice because Judge Joseph N. Camacho created a judicial hybrid statute to change a codified legislative written law to appease the Administrator and lawyers’ argument.
Judge Joseph N. Camacho’s Mandate issued is without circumstantial substance. The caption is a hybrid of codified written law, which is prohibited mixing CNMI Probate Statutory law, i.e., changing the meaning of Chamorro customary law and Carolinian customary law. He defaced Chamorro customary law to confuse a set of rules, such as the Chamorro probate law and Article XII surviving spouse immunity.
To avoid “grave injustice in the distribution of marital property upon the dissolution of death,” the Commonwealth legislature added a second statutory meaning to Subsection 2 of the Constitution, which read;
“Generally, under NMI Const. Art. XII, only persons of Northern Marianas descent may acquire permanent and long-term interests in real property in the Commonwealth. The only exceptions are (a) transfers to a spouse (who is not of Northern Marianas descent) by inheritance in certain circumstances and” ….
And under Chamorro Custom, the codified, written law reads, “Ancestors’ land passes in intestacy to the Surviving spouse obtains a life estate, with the issue obtaining a vested remainder in fee simple representation.”
A life estate is freehold interests, is the lifetime inheritance, the fee simple, etc. It is cited under Article XII, Section 2 of the Constitution in answer to court argument rebuttal relative to an ancestor’s estate for life.
The Atalig and Nauta case was adjudicated four times under Tudela Civil Case Nos. 86-0884, 86-884D, 86-884P, and Tudela 2009 MP 9. I invoked in this case because they are all identical. Still, Judge Joseph N. Camacho denied them because he misunderstood the statute and the case history; The Supreme Court vacated the Superior Court decision on Tudela’s issue and ordered to return of the estate assets for unconstitutional violation of Article XII. Under the Supreme Court order, Tudela 2009 MP 9 is cited for those not of Northern Marianas descent surviving spouses.
Because I In Propia persona my interest in court, I feel discriminated against in all hearings. I invoked CNMI laws. And evidence of my father’s birthplace is Saipan. Yet, Judge Joseph N. Camacho denied all pleading under CNMI probate law without lawful substance.
Justice was not blind when Judge Joseph N. Camacho awarded my beloved wife’s estates to my sons without deed distribution by the Administrator and lawyers. Without a deed distribution for notoriety, it created fraudulent activity because there was a widower.
Judge Camacho extended his jurisdiction to order me to repay estate money that exceeds my annual pension, and he infringed on my constitutional rights to return and live under the Marital Property Act of 1990. Thanks to my sons, Bill, and John, for voluntarily making the payment.
This letter applies to the Pedro M. Atalig probate case.
The veracity of this letter is accurate and provides a paper trail for all my court documents. I would greatly appreciate any rebuttal.
William A. Nauta is the surviving spouse of Elpidia Dela Cruz. He now resides in Lakewood, California.
