Rita C. Sablan v. Guadalupe P. Manglona

This is an appeal from the Supreme Court of the Commonwealth of the Northern Mariana Islands (“CNMI”) pursuant to 48 U.S.C. § 1694c(a). Appellant Rita C. Sabían and other members of her family filed this action in the trial court of the CNMI to quiet title against Guadalupe Manglona. Appellants alleged ownership of two parcels of land located on the Island of Saipan. They contended that Manglo-na’s claim to these parcels is invalid because she is not a person of CNMI descent, and under Article XII of the CNMI Constitution, is prohibited from holding fee simple title to real property in the CNMI. The trial court held that appellants’ claims were barred by res judicata. The Supreme Court of the CNMI affirmed, and denied appellants’ petition for rehearing. Appellants now appeal to this court.

The dispositive issue presented by this appeal is one of jurisdiction. This court’s jurisdiction over appeals from the CNMI courts is established by section 403(a) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, Pub.L. 94-241, 90 Stat. 263 (March 24, 1976) (“the Covenant”). Section 403(a) of the Covenant provides…