Carmen M. Pangelinan, Santiago C. Masga, Adan C. Masga, Jr. And Adan M. Masga v. Antonia M. Tudela

Adan M. Masga and his children appeal from an adverse determination of the ownership of land on the Island of Rota. They contend that his children were not given notice of a hearing conducted by the Land Commission of the Trust Territory of the Pacific Islands. They say that Masga's daughter had been appointed as his representative and that the appellee took advantage of her absence to obtain Masga's land by trickery.

In the late 1960's and early 1970's, Adan M. Masga showed signs of what the trial court characterized as "mental disorientation." One such sign was his sale of some land for inadequate consideration. Accordingly, Adan's children-appellants Carmen M. Pangelinan, Santiago C. Masga and Adan C. Masga, Jr.-took steps in March 1972 to obtain power to act on his behalf in his land dealings. Adan swore to an "affidavit" appointing his daughter Carmen "land trustee of all my properties on Rota • ." and executed a power of attorney granting Carmen the power to act for him in his land dealings. The "affidavit" was prepared by a member of the Land Commission and was filed with the Commission.

Shortly before he executed these documents, Adan applied to the Land Commission for…