Supreme Court Affirms Trial Court’s Decision Regarding DNA Test Result

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Saipan, CNMI – Last Friday, the Supreme Court issued an opinion in In Re Estate of Kapileo affirming the Superior Court’s determination that Sarah Kapileo (“Sarah”) was not the heir of Francisco Kapileo. Sarah is a child of Francisco’s ex-wife, Rungthip Sartklang Kapileo, born during the marriage. Sarah, a minor at the time, was ordered by the court to undergo a DNA test to resolve allegations about her paternity. DNA test results revealed that she was not a child of Francisco. The Superior Court accordingly determined that Sarah could not inherit Francisco’s estate.

Sarah appealed on the grounds that that her mother received Francisco’s house in a divorce decree issued by the Superior Court of Guam, that ordering the DNA test violated her constitutional rights, that the DNA test results should not have been admitted into evidence, and that the determination she was not an heir was erroneous.

On review, the Supreme Court found the Guam court did not establish jurisdiction over Francisco and could not award property in the CNMI. Even if the Guam court had jurisdiction, the award of property would be void for violating Article XII of the NMI Constitution because Rungthip is not of Northern Marianas descent.

The Supreme Court found no constitutional violation in ordering the DNA test as both Sarah and her mother had consented to the test. The test results fit into the hearsay exception of regularly conducted activity and thus permissible to admit into evidence. It determined that Sarah was not an heir based on the clear and convincing evidence of the DNA test.

The full opinion is available on the Law Revision Commission website: https://cnmilaw.org/pdf/supreme/2026-MP-02.pdf

2026-PR-011

FOR IMMEDIATE RELEASE

March 16, 2026

This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov