The two siblings of Sen. Paul A. Manglona (Ind-Rota) have accused the senator of violating two orders issued by Superior Court Judge Pro Tempore David A. Wiseman in connection with their court battle over a piece of land on Upper Capital Hill.
Priscilla M. Torres and Thomas A. Manglona, through counsel Samuel I. Mok, pointed out that Paul Manglona has still failed to join in his lawsuit indispensable parties even after being directed to do so by Wiseman.
Torres and Thomas Manglona are co-administrators of the estate of their late mother, Bernadita A. Manglona.
Mok asked the court to dismiss Paul Manglona’s lawsuit against them on the basis that the senator has failed to join necessary and indispensable parties to this case.
Last Nov. 16, Wiseman granted co-administrators Torres and Thomas Manglona’s motion to join indispensable parties. Wiseman also ordered that the estate be dropped as a named party to this case.
Mok said notwithstanding this clear directive, Paul Manglona has still failed to join co-administrators of the estate as a named party to this case.
Mok said Paul Manglona has taken no steps to drop the estate as a named party to this case, add the co-administrators of the estate or serve the co-administrators of the estate in their capacities as co-administrators.
Mok said all of the filings made by Paul Manglona after the court issued its Nov. 16 order still retain the original caption naming the estate of Bernadita A. Manglona as a party to this case with no reference to the co-administrators of the estate or the individual beneficiaries that were joined.
The lawyer said Paul Manglona’s failure to join the co-administrators of the estate as a named party to this case, even though the court had already ruled the co-administrators of the estate were indispensable parties, warrants dismissal of this case.
Mok said Paul Manglona has unnecessarily wasted judicial resources as well as the resources of the estate by failing to comply with the court’s Nov. 16 and 22 orders.
Sen. Manglona is suing defendants Torres, Thomas Manglona, and their mother’s estate over the disputed 4,181-square-meter property on Upper Capital Hill.
The senator asked the court to declare him the fee simple owner of the property by virtue of a deed of gift on July 11, 1985, and that neither the defendants have any rights to do it.
In their answer to the lawsuit, Torres and Thomas Manglona, through counsel, asserted that their brother, Sen. Manglona, does not inherit entirely the disputed land as their mother’s signature had been forged.