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Agana, Guam 9691t),' ,--'
ELEVENTI-i
GUA~l L'::G ISL.ti.TURE
1972 (s:scor-m) R9gular
OF PASSAGE:; OF AN ACT TO THE GOVER~jO?-
CSR'I'I2ICA'I'ION
This
S9ssion
is ::0 certify
t~Lat ail:3- No. 7 I "An Act t::> amend
Sections 25, 33, 35, 55 and 69 of the civil Code of Guam,
S2ction 397 of the Penal Code of Guam, and Sections 25203,
25208, 25308, 25308.1, 25318, 25318.1, and 25519 of the
':;OV2C1meni: Code
of Guam·to
::-.:!e.1.uce
.
the
8ajori-::y
of
age
.
from 21 years
to 18 Y'2ars I and to cor::-esDo:ldinalv~
r~duc'e
~
the aqe for disa ffirrning c·.Jntra·::ts by minors", \.;as em
the 26th day of Nay,
1972, duly and regularly
./
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.
passed .
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G • PI.
Legislative
B.'\i"mA
Secretary
i
This Act ·,.;as recevied
bv the Governor t"his
\,~.\,'
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day
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VINC2NT
T. ?GREZ
~ttor~ey Gener~l of Guam
APPROVED:
cy
(--~."
_~_: ~_-_"_""-_:~'-&:...~_"_._,,_,,_,_:G
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'CARLOS G. CAMACHO
GO';18:C110J:.·
Of. Guam
J
I}}~)I.))
L,,/lIl.L/
DAT2D :
J
~I fI!lY'
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gWI1J".)3) i9 7.J;:
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(:~.s
&CB"Vtb
11 1980
_MAR
GUAM TE.R!UTORlAL
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2L2V2~TH
GU,,\;'l :LEGISL'\TURE
1971 (FIRSTj Re~J1ar Sessio~
Bill
No. 7
Substitut·e Bill
..
.,
L.
P.
t;'
T.
C.
F.
P.
T.
J.
A.
u.
F•
T.
In t::-oduced by
_
,J • B ..Butler
C. Barrett
J. Bordallo
C. Cflarfauros
L. Cristobal
R. Duenas
G. L.ljan
S.
A.
D.
T.
C.
"
1t
N. :?a'.llino
:eerez·.
Perez
Ramirez·
Sanchez
R._. SantosR. Santos
i'
A. S::::kt
S. Tanaka
j!
~;
AN ACT TO ~~E~ID SSCTIONS
25, 33,
35,
56
AND 69 OF THE CIVIL
CODE OF GU~~,
SECTION
397 OF THE PENAL CODE OF GUfu~, lli~D SECTIONS
:!
Ij
25203, 25208, 25308, 25308.1,. 25318, .. 25318.1,
AND 25519 OF THE GOVERNMENT CODE OF GDrll-1 TO
.:RZDUCE: THE AGE OF ~!AJORITY
FROM 21 yEth'=(S TO
18 YEARS,
AND TO CORRESPONDINGLY
REDUCE THE
. AGE .FOR DISAFF:fu~ING
CONTR~CTS BY MINORS.
I•
,
L
I
1
,.
BE IT
ENACTED
,
Section
BY THE
PFDPLE OF TF.2 TER.qlTORY
OF GUil..l'1:
i'
2
1.
Statement
of FindiTIgs.
The Legislat'.lre £ir:c3
!.
3
i
tna-t many of the laws dealing with young persons
in Guam are
j;
4
I
inconsistent,· if not senseless.
As. examples,
19 year3
5
old can drink
alcoholic
6
on time·, while
a minor
7
drink.
8
cannot
9
19 year olds are married _to.each other,
the-girl
10
an adult and can sign binding
and the like, but the
11
boy
12
This
beverages-but
a minor
18 years
caIUlot buy a motorcycle
old -can be ..
drafted
same .-18_.
vear old can'vote
in local elections.
but
.
--
serve as commissioner:;.; And most
is still a minor
incompetent
Gontracts
and is deemed
and incapable
of making
bllt cannot
strange
of all,
if
tOM)
is cO~3idered
in the eyes of the law to ~
a valid contract.
In vie..•
,:
13
!
of a1.1 these
14
to reform
,
inco~sistencies,
the law by changing
the Legislature
deems
the age of majority
it necessa_!
from 21 to 13.
1
his or 'b.erguardian,
2
filed wi~h
the Director
3
~n Section
69 or this Code,
/~
to ~~d cons~~~a~i~g
\.,11er'2
suc'h written
of Administration,
5
~~y remale under
6
over the age or fourteen
7
in writing
8
of 'her ~Jardian,
9
with
such showing
12
order
13
of the clerk of said Court,
1-=1.
said female to marry,
as
granting
a£~er
an
in t~e mi~utes
permission
of consenting
to
to and
tl
••
16
Section
amended
is entered
is capable
CO:lsumrna
'J..ng1:\arr
lage·.
,
license,
t~is Code and where,
of said Island Court
or
is filed
as the Island Court may require,
~::>
_I...•
and
the consent
consent
issuing ·the marriage
11
6.
(16) years
suc~ written
provided
.1-
tn~t
or one of ~er parents,
10
,-
as provided
further
(~4) years, with
in Section·69-of
is
of co~senti~g
Provid2d,
the age of sixteen
or her parents
the cl~rk
is capable
marriage.
where
consent
Section
69·of the Civil Code
of Guam
is
to read as follows:-
18
ii
Section
69.
Narriage
licenses.
19
a"0out to be j:cin~
in -marriage
20
license
from the Department
21
which
therefor,
license· must
must
(a) All pe:::-sons
first obtain
a
of Ad.-ninistration,
show:
22
1.
The identity
23
2.
Their real and full ,names, -residence· and
24
nerebv
or the parties.
place· of 'birth •.
25
3.
Their
ages and date of birth.:
26
4.
Their
citizenship.
27
5.
If an alien, whether
28
non-immigrant
29
6.
a resident
alien or
alien.
Number
of previous
JO
and how terminated,
31
name of the female
marriages,
the occupation
if previously
-
3 -
wherever
contracted
of the parties,
married,
maiden
the names and
10
17
15
1418
13
16
24
11
28
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I1
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"
2
19
23
G
89
20
329
522
426
21
7
31
30
12
25
27
,,;
;
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I-
i.
I;
birthplaces
of the parents
of each, and the maiden
!
name of the mother
(-)
b
(10
of each.
1.lC9nse
'-
at th~ time of ~aking
• .1.-'
-, ti1€:
~,vI1.e:1 el-_::12r
OJ::
,-,
t'he:C2faris a:l. i~~ecile,
applica.nt.s
required
:.;egra:-n::ed
1....
,
Sn-3...:...L
or i~sa~e,
is under
t~e ihflue~ce
any i:l.toxic3.tingliqw.or, or narcotic
a?plicant
license
shall be issued,
writing
of the parents
of such parents,
with
No license
person,
between
bebleen
a guardian
a step-parent
to ma~rv
shall be issued without
(14) and sixteen
of her parents,
guardian
as heretofore
made
with
suc~
must be noted
rlrs~
and aD adoDtive
and
No license
an o=derin
for any 'female between
consent
(c)
or
must be retained
from the Island Court.
from t:"1cIsla':1dCourt
fourteen
by such parent3,
and ,'lard,shall be issu'ed without
in writing
age of sixteen
is Dresented
and a step-person,
an order
shall be issued
age, or one
to marry between
parent
no
in
of Administration
bet"..;eenan adoptive
of fourteen
under
and such consent
and the fact of consent
in the license.
cousins,
the consent
of the person
on file in the Depart~ent
application,
Dreviouslv- married,
duly verified
or guardian,
t'!-1e
.•.
unless
of
(~8) Y9ars,
or of his or her guardian,
the application,
parent,
L:r:
drug.
is under the ag£ of eighteen
and such -person nas not been
'f~·/~O
ar proofs ~2:cein
the application
for said license,
O~
writing
the ages
(16) in addition
to the
or one of her parents,
provided.
in any case
No license
or
to rearry
for any male under
the
(16) or any female under tr12 age of
(14).
Application
for marriage 'licenses shall be
on a form prescribed
by the Director
- 4 -
of
10
1
'i
28
26
23
22
21
20
2..29
12
8311
5
30
31
967
15
14
17
24
19
25
16
18
27
13
,
;
Administration
and must be sworn to by both
C3~t3 before
deputy.
t~e Director
No license
of Ad~inistration
shall be issued until
application.
the order
Such waiting
in ~riting
good cause
t.he
period may be waived
of the Island Court
?or the purpose
mentioned
or re~~iredin
Administration,
or require
upon
granted
this section,
affidavits
and as many
necessary.
of ascertaining
or his deputy,
written
a license
for
all facts
the Director
from,the~applicants
supporting
therein.
by all parties
witnesses
swearing
Ih the case of termination
marriage
by'divorce
furnish
a certified
divorce
or annulment.
or annulment,
ffiC1rriage
by "death -6fthe
cant
furnish
a certified
If a certified
annulment,
to the facts
of a previous
the applicant
spouse,
of
of
til.e
'appliof
copy of a final -de'creeof
or record of death
an affidavit
as the Director
shall
copy of the record
as required
is not availabie,' ,-the·applicantmay'
lieu thereof
to wri-t:ing
case of termination
a previous
shall
for
as he deems
copy of the final decree
" Intne
of
may examine 'under oath,
Such ,examination 'shall be reduced
and subscribed
herein
after the
shown.
(d)
divorce,
or his
of fi-,,-e
(5) days a£te~ the filing of
ex?iration
death.'
appli-
setting
may require,
submit in
forth," 'in such form
the reason "..•
hy it is not'
obtainable.
(e)
Any application
any allied
document,
Administration,
(f)
license,
on file with the Director
shall be open to public
Any person
application
for a marriage
who Shall swear
for marriage
license,
- 5 -
and
of
inspection.
falsely
to an
or who shall make or
1
p:c=sent any false affidavit,
2
in any proc2ed,L:1g u:1der subsection
s'tatement, or testimony
(d), shall be
...•
j
guilty
4
not 8o~e
::;
i~~risonn~nt
o
both.
7
than o~e t~ousand
(9)
...,
'J
shall
9
to a fine v_
of a felony and shall be subject
for not more
No marriage
it authorize
ceremony
dollars
($1,000.00)
than five
license
...... +=
0~
(5) years,
or
shall be effective
the perforMance
after the expiration
nor
of a illarriage
of sixty
(60) days
from
"
}_O
t~e .date of issuance
11
shall be printed
,
..,
(h)
..:.~
designated
14
in connect~on
16
(;)
,L
on each license
The Director
13
15
of such license.
by him, are authorized
A fee of five dollars
each application
for a marriage
if the license
12
No marriage
lic2nse
20
Section
L..!..
7.
and deputies.,
oaths
of this section.
($5.00) shall accompany
license
and shall not
is not issued
fees collected
to the enactment
shall be refunded.
...,-
t. .,
•..
or Guam prior
type.
to administer
with the administration
be refunded
i'
in prominent
of Administration,
17
19
This provision
or used.
by the government
of this subsection
It
397 of the Penal Code of Guam is hereby
Section
,.
amended
...•
to read as follows:
,.
i
23
24
I;
~j
25
"Section
to minors.
397.
Alcoholi~
Every person
to any minor under
beverages,
selling
who sells, gives
the age of'l8 years,
of,
or delivers
any alcoholic
"
26
I'
i!
beverage
as defined
in Section
25004,
Title XXVI,
"
"
27
.,
,
C~apter
1,
of the Government
Code of Guam,
29
q~antity,
whatsoever,
29
dem2anor,
and shall, upon conviction
30
punished
31
im9risonment
shall be guilty
in any
of a misthereof,
be
by a fine of not more than $500 or by
for a pe~iod
not exceeding
90 days,
- 6 ,
,
--:-.....
·-:-'·~'·(7'
1
,.--.
1
by
0::-
2
both
such fine :lnd inmri:3onr.,ent. Provided,
that this sectio~
J
such children,
Section
/.1-
is hereby
or
8.
.;.~
9
,.
1 II
_-r
Code of Guam
to read as follows:
25203.
Same:
Til.e Boa::-d
same: minors.
under
of age."
eighteen
9.
amended
(18) years
25208
Section
of the Government
Code o£ Guam is
to read as follows:
"Section
13
o~ the Government
of any class to a p2~son
11
1!
of
shall not_ issue a license
hereby
12
25203
Section
amended
Section
10
shall ~ot apply to the parents
or to gua::-diansof t~lei.cwards."
"Section
7
8
,.
25208.
1
scnoo
.....
(a)
Same:
The Board
for premises
same: near church,
hospital,
shall not issue an on-sale
located within
a distance
(500) feet from any church,
license
of five. hundred
hos.?ital orpu;:'lic.0:::-
;.
15
Ii
16
private
school of general
under
the age of eighteen
ments
to be taken
education
w~ere
persons
(13) are taught,_ t22 measure-
"
17
i:
,.
'j
18
19
in a straight
line from the center
"
",
':
of the nearest
such church,
entrance
hospital
to the building
or school
used
as _
to the center
or the
"
20
:i
21
nearest
entrance
of the premises
for which
a license
.i
;.
..
!:
22
~!
23
H
24
H
is applied;
except
that the Drovisions
of -chis section
shall not prohibit
the renewal
license previously
issued and in eff~ct
of a subsequent
construction
of any valid
at the time
or establisP.ffij;!nt
of such
25
church,
26
feet of such licensed
premises,
27
such licensed premises
s~"1allnot subsequently
28
added
and provided
29
beer
30
thereafter
31
hospital
or school within
to or enlarged;
lic8nsee
(b)
coming
~nder
five hundred
and provided
(500)
that
be
that an on-sale
this exception
be issued a general
Exception.
on-~ale
on-sale
Notwithstanding
shall not
license.
the p=ovisions
- 7 -
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,••..•.•...•
-.: __ ...•._~-~.~.,~'~\.~,~•.•••
'!-}.(r"~''iX-
1
of Subpar~grapn
2
may
3
W1~n1n
a als~ance
..•.
1· .•...
:~
ch~rc~,
:,
education
5
are taught,
if the Board
7
so licensed
are suc'h t'hat would
8
services,
or the hos9ita1
9
students,
or cetract
10
11
(a) of this s~c~iQr., t~~ 30ard
iSSU8 an on-sale
hospital
wnere
neighborhood,
lic2nse
o~C
far preMises
f'1V2 ...
nunar~a
~ee_
~
t-.~ zrom anv
school of general
or r.:rivat:e
or ~ub1ic
persons
\~,
(~O n)
J
located
.•..
under
the age 0:: 2igh~een
(18)
finds that the premises
not disturb
pati8~ts,
to be
t~le c:"ur~'h
or the school
from the peace
and quiet of t~e
and that the general benefit
to the
j'
territory
12
would
13
at large by the licensing
oubN'eigh':any benefit
enforcement
of such premises
to be cerived
from a strict
No such exception
of the prohibition.
may
"
14
be made
15
hospital'or
16
17
if t'he presiding
distance
i,
i
such
18
official
school within
of the church,
(500)
the fiv2 hundred
does not consent:in
writing
feet
to the-waiver
of
prohibition.'"
10.
Section
25308 of the Government
Section
Code of Guam
j'
19
20
21
22
is hereby
amended
to read as follows:'
;. .'
"Section
:.
25308.
Minors:
employment
licensee
shall not employ
,
eighteen
(18)", ',inor about that portion of -the premises
,vhich ,is used
23
i
2£1.
beverages
under
A
;,
l',.
any minor
forbidden.
for"the ,sale or service
for consumption
the age of
of alcoholic
on the premises.
provided,
:1
25
however,
26
be employed
as entertainers
regulations
made by the Board.
27
r
that minors: ages sL'Cteen (16) and above-may
28
include but are not limited
29
tration
30
of entertainers,
of employment,
in on-sale
to,
premises
Such regulations
I
provisions
hours of employment,
and the responsibility
under
shall
for regisconditions
of licensees
"
i
31
employing
such minors."
-8-
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_-
.
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----
.....-
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--
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,
"
t
Sec t.
ioil.25308. 1 o:E t1:'~Gove r~r:1en i:': oc.e 0 £
Sect.ioil.
11.
-'-
2
GU·3.-.TI
is hereby
3
",
ame!1GeG to read as :ollo'."'s:
"SecticD
25303.1.
Saille: errt=y
£orbicde~.
:'"10
4,
person
5
estab1is"hrne~t '.-11"12re
alco'holic bevera.g2s ..except beer,
6
are consumed,
7
eatiilg". place as
8
Government
9
this section
(18) Y2a~5 of age shall e~~er an
under eighteen
ur112sS such establishment
is
i:1 S::>ction 25013 af t.'he
.::'efi!'lea
Code 0 f Guam.
Ever'/ oe::::-son
'..
./hoviolates
shall be guilty
of a misdemeanor
10
able by a fine of not more
11
($500.00),
or by iuprisonment. for a period
ing ninety
(90) days,
12
l'
13
•.•
~ II
lffi::Jrlsonmen\....
14
~
.,
1 ')
~ec"C1.on_~.
1_J
is hereby
16
Section
arnendedto
"Section
be sold, given or se~ved
19
any person
2.a
purpose
23
under
any violation
to oroduce
""
he or she is over
25
In any criminal
26
suspension
?'">
-I
upon a violation
28
defendant
29
and was
30
beverage
31
bona
Day refuse
evidence
of any license
"before furnishing
fide documentary
who
that
or proceeding" far the
and based
that the
or his agent or employee
to a minor,
to
(18) years.
of this sectio:1, proof
licensee
For the
to any person
the age of eighteen
prosecution
to
of tnis section,
adecruate
written
-
or revocation
Sl1O'.oJ!1,
beverages
to
beverages
(18) years of age.
or his agent or employee
?-i
_7
A licensee,his
any alcoholic
eighteen
of preventing
is unable
Cede of Guam
shall not sell, give nor pe~it
sell or serve alcoholic
I'
such fi!'leand
Same: to minor.
'j_d'"'
22
not exceed-
read as follows:
25318.
any licensee
dollars
25318 of the Government
agent or employee
'I
2unish-
than five hundred
or by both
17
21
~ubli::::
.3.
any alcoholic
an identification
evidence
demanded
card or other
of majority
of such
- 9 -
_. ~ . ." .• _ ._ .••
'.'
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V"·,
_"J
••..••••
".
1
cerson
2
p~oceeding
...,
r•
~
.
-1
Svery- person
4
be guilty
of a misdemeanor,
"
not more
6
..1
ij
~~
~
~
~
for the suspension
license .
1
,c~
to sucn prosecution
j
5
"
shall be a de£2nse
7
or revoc~tion
or
of any
;,vho~riolab~s tnis section
punishabl2
than five hundred
dollars
shal::"
by a fine of
($5JO.OO),
or bv
imp~ isonme!lt for a per iod of not e:~ceeding nin::::ty
(90)
'i
days, or by both
suc;, fine and imprisonment."
'~
8
i)
Section
9
is hereby
13.
Section
amended
25318.1 of the Government
Code o£ ~~am
to read as follows:
;:.
~
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"Section
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minor.
25318.1.
Any person,
Same:
under
false identification
eighteen
(18) years
by
of age,
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who exhibits
a false id2ntification
card or false
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14
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document
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alcoholic
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not Dore
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for the purpose
beverages,
of purchasing
shall be punished
or obtaining
by a fine of
:1
15
than five hundred
dollars
($500.00).
or by
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imprisonment
botn
not exceeding
six
(6) months,
or by
such fine and imprison.>\ent."
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18
19
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Section
is hereby
14.
Section
amended
25519 of the Government
Code of Gu~
to read as follows:
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20
21
22
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age of eighteen
Same: minors.
(18) ~
vears pu~chasing
t.
or in possession
and upon
thereof
conviction
of not more
thereof
not exceeding
~'the Codes
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beverages
of a misdemeano=,
shall be punished
dollars
three
15.
Repealer.
of Guam,
with
by a fine
($100.00) or by
(3) months,
the exception
or by both
of Sections
Code of Guam all other
all other
sections
89G7
of
laws, and all rules or regulations
to the contrary
are hereby
amended
age of majority
to 18 years of age.
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alcoholic
such fine and imprisonment."
and 8927 of the Government
30
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under the
shall be guilty
than one hundred
imprisonment
Section
28
31
Any person
r
27
29
25519.
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23
"Section
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to reflect
the change or th~