Superior Court pro tempore judge David A. Wiseman has ruled that, so far, the evidence leaves too many unanswered questions and ambiguity to determine whether or not the deed of gift of land in connection with Sen. Paul A. Manglona\u2019s (Ind-Rota) lawsuit against his siblings is a forgery.<\/p>\n
Wiseman said he wants to resolve the ambiguity but feels he has to wait until Paul Manglona\u2019s siblings have presented their case.<\/p>\n
\u201cThe court finds that there is still evidence and testimony to be heard,\u201d said the judge in his order Friday denying the defendants\u2019 motion for a judgment on partial findings. <\/p>\n
That means the bench trial in Paul Manglona\u2019s lawsuit shall continue on July 24, 2018.<\/p>\n
The defendants in this case are Priscilla M. Torres, Thomas A. Manglona, Vincent A. Manglona, and associate justice John A. Manglona. <\/p>\n
The deed of gift purported to transfer Bernadita A. Manglona\u2019s interest in the land to Paul Manglona on July 11, 1985. Bernadita Manglona is the deceased mother of the Manglonas.<\/p>\n
Paul Manglona is suing his siblings over the 4,181-square-meter property on Upper Capital Hill. The senator asked the court to declare him the owner of the property by virtue of the 1985 deed of gift. <\/p>\n
Priscilla Manglona Torres and Thomas A. Manglona, co-administrators of the estate of their late mother, asserted that Paul Manglona does not inherit entirely the disputed land as their mother\u2019s signature in the document had been forged.<\/p>\n
A bench trial was held last February. At the close of Paul A. Manglona\u2019s case, defendants moved for a judgment on partial findings.<\/p>\n
A judgment on partial findings permits a judge to make findings of fact adverse to the plaintiff, including credibility determinations after hearing all the evidence, and without the need for the defendants\u2019 case.<\/p>\n
In his order Friday, Wiseman said after reviewing the testimony and exhibits, the court finds that it is appropriate to make a judgment on partial findings.<\/p>\n
Wiseman said the defendants presented compelling testimony from their handwriting expert, Reed C. Hayes, regarding the inconsistencies and differences between the signature of the 1985 deed of gift and the exemplars of Bernadita Manglona\u2019s signatures.<\/p>\n
The exemplars included a driver\u2019s license, U.S. passport, bank signor card, collateral receipt, notarized deeds and leases, copies of checks and corporate filings for a family-held corporation.<\/p>\n
Hayes concluded that Bernadita Manglona did not sign the deed of gift based on his analysis of slants, loops, T-crosses, proportions of letters, line quality, and letter spacing.<\/p>\n
Wiseman said Paul Manglona\u2019s witnesses were inconsistent, unwilling to cooperate, and were at times unresponsive.<\/p>\n
Specifically, Wiseman said, Paul Manglona\u2019s testimony regarding his father\u2019s illness and a November 2010 draft deeds raised more questions than it gave answers.<\/p>\n
Wiseman noted that Charles Manglona\u2019s testimony about their mother\u2019s signatures was inconsistent and Prudencio Manglona Jr.\u2019s testimony was evasive.<\/p>\n
However, the judge said, the court recognizes that Charles and Prudencio Manglona Jr. testified against their own potential interest in the land.<\/p>\n
Wiseman said defendants have yet to clearly and convincingly prove to the court that the deed of gift is a forgery.<\/p>\n
With respect to issues of laches, adverse possession, and slander that the senator raised, Wiseman said he comes to a similar conclusion.<\/p>\n
Wiseman said these issues have not been fully litigated and judgment would be premature.<\/p>\n
The trial was suspended last February after Wiseman heard attorney Samuel Mok\u2019s motion for judgment for partial findings.<\/p>\n
Mok, who is counsel for siblings Priscilla A. Torres and Thomas A. Manglona, made the motion shortly after attorney Mark Scoggins, counsel for Paul Manglona, informed the court that they rest their case after the senator completed his testimony.<\/p>\n
Wiseman then asked the parties to submit their briefs about the issue. <\/p>\n","protected":false},"excerpt":{"rendered":"
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