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Terms Used In 5 Guam Code Ann. § 6102

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
is Chapter applies, except as provided in Section 6104 of the Chapter, to the entire government of Guam, as specifically stated herein. No government agency, whether denominated as a line department, an agency or a public corporation, is excluded from the scope of this Chapter. The fact that an agency or instrumentality has or has not the right to sue or to be sued in its own name does not exclude such agency or instrumentality from the scope of this Chapter. For purposes of this Chapter, reference to an >autonomous agency= shall include public corporations, autonomous and semi-autonomous agencies, including the Antonio B. Won Pat International Airport, Guam; the Guam Telephone Authority (but only as to claims that do not arise from the activities of any private owner or operator of the Telephone Authority); the Guam Power Authority; the Guam Housing & Urban Renewal Authority; the Guam Housing Corporation; the Guam Economic Development and Commerce Authority; the Guam Memorial Hospital Authority; the University of Guam; the Jose D. Leon Guerrero Commercial Port; the Guam Community College; the Guam Waterworks Authority; the Government of Guam Retirement Fund; and the Guam Visitors Bureau.

SOURCE: GC § 6500.01. Repealed and reenacted by P.L. 17-029:1 (Nov. 9, 1983). Codified as 5 Guam Code Ann. § 6102. Amended by P.L. 27-142:6.

COMMENT: A number of law suits have been instituted against the Guam Memorial Hospital and the Guam Power Authority claiming exemption, in whole or in part, from the former Government Claims Act. No case has gone to appeal on this point. Existing law is extremely unclear. Section § 6500.19, as amended, of the former law indicates that the procedure of the Act should apply to all agencies, but payment be made from the accounts of the stated autonomous or semi-autonomous agencies. Yet the law of the individual agencies states that they may sue and be sued. The Superior Court, in some cases, has interpreted the latter as prevailing over the Claims Act, so as to give no sovereign immunity whatsoever to the autonomous agencies. This Section makes clear that this Act covers the entire government, with no exceptions.

2013 NOTE: This section was originally entitled, “”Waiver of Immunity.”” Repealed and reenacted by P.L. 17-029:1 (Nov. 9, 1983) as GC § 6500.04.

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 6 GOVERNMENT CLAIMS ACT

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