/ ALELI TO PAY FUNERAL COSTS
[PHOTO - IGGY ARROYO AND
CONSTANT COMPANION GRACE IBUNA]
MANILA, FEBRUARY 23, 2012 (PHILSTAR) By Reinir Padua - The two women
of the late Negros Occidental Rep. Ignacio "Iggy" Arroyo yesterday agreed to
discuss a settlement on the wake and burial of the lawmaker.
Following a recent ruling by a London court allowing Grace Ibuna to bring
home the remains of Iggy and about a week into the trial of a case filed by
Aleli Arroyo to prevent Ibuna from claiming the remains, the two women have
agreed to talk, according to one of their lawyers.
"We manifest to the court that agreement in principle has been reached
subject to some minor details," Ibuna's lawyer Leonard de Vera told Quezon City
Judge Eleuterio Bathan yesterday.
De Vera's pronouncement followed more than three hours of closed-door talks
among the parties – Ibuna, Aleli and Arroyo's daughter Bernardina.
"Barring any untoward, unexpected incident, we hope the case can be brought
to a conclusion," De Vera said.
Aleli's lawyer Lorna Kapunan adopted De Vera's manifestation and thanked the
court for its effort to find a peaceful resolution to the dispute.
The details of the agreement on the custody of the remains will be discussed
during a hearing today.
But yesterday, Aleli said that she wanted to hold a wake for two days at
their conjugal home in La Vista.
Kapunan said it was not so much for her client as it was for her child Alelu.
Kapunan said that aside from that, Aleli has no other conditions.
According to Kapunan, Aleli is agreeable to the plan to bury the remains at
Manila North Cemetery beside his mother's grave.
She said Aleli has no problem if the remains are brought to the Arroyo
ancestral home in La Vista, the House of Representatives and even his
congressional district in Negros Occidental.
The holding of the wake at the Arroyo ancestral home was stated in the
supposed expressed will of the lawmaker that Ibuna has been citing in laying
claim over the lawmaker's remains.
Ibuna's brother Rommel said what his sister wanted is just to carry out the
late lawmaker's wishes.
Rommel said his sister also does not want to be barred from attending the
wake.
Ibuna had earlier filed a case before the London court to prevent anyone,
apart from her and Arroyo's daughter Bianca, from claiming the remains.
Aleli Arroyo, meanwhile, filed a case in Quezon City court
praying for a temporary restraining order (TRO) and injunction against Ibuna to
stop her from claiming the remains.
Aleli maintained she is still the legal wife of the lawmaker. The annulment
case on the marriage of Iggy and Aleli is still pending before another court.
Injunction case to push through
Despite the ruling of the London court and the possible amicable settlement
for the funeral arrangements, Kapunan said their main case for the injunction
sought by Aleli would have to continue.
Kapunan said their point in filing the case before the Quezon City court was
to get "a recognition as to the status of Aleli as the legal wife and a
rejection of the status of Grace Ibuna as next of kin."
When asked if Aleli would use such "recognition" – if granted – in case there
would be a dispute on the properties of the lawmaker, Kapunan said: "Of course!"
"(That's) the value of (the) marriage certificate," Kapunan stressed.
De Vera, however, had a different take. He said that once an agreement on the
custody of the remains is met, the case before the QC court would have to be
dismissed.
"There is no main case," De Vera said, noting that the petition for the TRO
and injunctions were about the custody of the remains.
'Relieved'
Rommel, who was present during the hearing, said his sister is now in the
process of settling the payments with the mortuary in London to bring home the
lawmaker's remains.
Rommel also said his sister was finalizing the paper work to facilitate the
repatriation of the remains to the Philippines.
"She felt relieved because after these negative things, at least there's an
independent body (London court) that recognizes the expressed wish of Iggy,"
Rommel said.
Relaying the plan that his sister intends to follow, Rommel said it was the
wish of Iggy for his remains to be brought to their family's ancestral house in
La Vista subdivision and to his congressional district in Negros.
Ibuna's brother also revealed that she had brought up the idea of having an
arrangement with Aleli.
"She gave me permission to tell Attorney De Vera to ask Attorney Kapunan if
we could talk about arrangements for the funeral," Rommel said.
"Just ask them what they want," Rommel quoted his sister as saying.
He noted his sister did not want any further delays in the burial of the
lawmaker.
The London high court has ruled that a long-time companion and a daughter of
the late Negros lawmaker have the right to repatriate and dispose of his body,
possibly ending a legal dispute that involved his estranged wife in Manila.
ABS-CBN's London bureau reported that Justice Peter Smith of the Royal Courts
of Justice in London decided in favor of Ibuna and Arroyo's second daughter
Bernardina Arroyo-Tantoco for the custody of his body.
The 60-year-old lawmaker died last Jan. 26 in a London hospital due to
cardiac arrest after battling liver cirrhosis.
Ibuna, his companion of several years, was with him at the time of his death.
His second wife, Aleli, however, claimed custody of his remains, as the
annulment of their marriage was not completed.
Arroyo is the younger brother of former first gentleman Jose Miguel Arroyo
and brother-in-law of former President and now Pampanga Rep. Gloria
Macapagal-Arroyo.
Kapunan said the London court's decision sets a bad precedent.
"Can you imagine the danger for future cases?" she remarked.
"It is basic principle that Philippine law follows you wherever you go,"
Kapunan said.
Kapunan added the London court could have been "misled."
"All the properties are here. How can he (Rep. Arroyo) be a resident in the
UK if he is a public official here?" she asked. "He should be covered by
Philippine law."
The lawmaker's daughter, Bianca Arroyo, who is the co-respondent of Ibuna in
the TRO and injunction petition filed by Aleli before the Quezon City court, has
asked for the dismissal of Aleli's case.
In the motion filed on Monday, Bianca maintains the Quezon City court has "no
jurisdiction over the subject matter suit."
She said the Quezon City RTC Branch 92 is not a family court, which her
lawyers said has jurisdiction over cases concerning "marital status."
"Petitioner (Aleli) is asserting a right and a claim over a subject matter
which inherently and necessarily relates with her status as the alleged wife of
the late Rep. Arroyo... It is only a Regional Trial Court, acting as a family
court, and not a court of general jurisdiction, that has exclusive jurisdiction
to hear and try the instant case," Bianca's petition stated.
Bianca also said RTC Branch 92 has no jurisdiction over her since she does
not reside in the Philippines. –With Paolo Romero
FROM ABS-CBN
UK court orders Aleli to pay Iggy's funeral costs
by Rose Eclarinal, ABS-CBN Europe News Bureau Posted at 02/22/2012
8:17 AM | Updated as of 02/22/2012 1:48 PM
[PHOTO - Grace Ibuna and Bianca Arroyo arriving at the Rolls Building
during the hearing on Monday. Both did not show up at the hearing on
Tuesday]
LONDON - The final hearing on the repatriation of the remains of Congressman
Iggy Arroyo ended before 1 pm (BST) on Tuesday at Court 31 of the Rolls
Building, where the assessment of costs was decided.
The court was packed on Monday but when the hearing resumed on Tuesday, only
the legal representatives of parties involved in the case appeared before the
court.
Justice Peter Smith ordered that Aleli Arroyo should pay the legal costs of
the UK proceedings, including the funeral costs which could be up to £94,000 or
P6 million.
The funeral home's (JH Kenyon/Dignity) legal fees is up to £29,000. The
funeral cost is up to £15,000.
It is however, unclear if the costs include the repatriation of the body to
the Philippines. The fees for the legal team of Iggy's live-in partner Grace
Ibuna and his daughters Bianca and Dina Arroyo is billed at £50,000.
"We are very pleased. The order today that the judge made is to order the
first defendant, Alicia Arroyo to pay the cost of these proceedings in the UK.
The figure has been assessed by the judge and that would be the new order that
he issues," said Eileen Barry of TWM solicitors, who represent the Arroyo
sisters and Ibuna.
Ibuna and Bianca Arroyo did not show up in the court but Barry said they are
pleased that the court battle has come to an end.
"The family is obviously very pleased and relieved that the matter is now at
the end here and hope that they will be able to proceed with the repatriation,"
said Barry.
But Justice Smith also acknowledged that the decision could be an "empty
order" as the UK court has no jurisdiction to enforce the order in the
Philippines where Aleli resides.
Earlier, Atty. Lorna Kapunan who represents Aleli Arroyo has already
expressed that they had no intentions to appear before the UK court because they
do not recognize it's jurisdiction on the case.
ABS-CBN Europe News Bureau is still awaiting word from JH Kenyon/ Dignity on
who should cover the funeral costs as well as the legal costs incurred by them
should Aleli Arroyo refuse to pay.
Justice Smith recognized that JH Kenyon/Dignity is an "innocent" party that
was thrown into the tug-of-war between Ibuna and Aleli and their own legal
battle when they received conflicting instructions from the Philippines Embassy
on the repatriation of the late congressman's remains.
Repatriation
The UK court indentifies Arlington Funeral Homes as the consignee to receive
the remains in the Philippines. But details of the repatriation, including the
arrival of the congressman's body in Manila is yet to be finalized.
"We do not have an update. This time Grace is liaising with her lawyers in
the Philippines and trying to make arrangements. Obviously, she and the rest of
the family are very keen for him to be returned to the Philippines," said Barry.
The Philippine Embassy in London said it will issue the consular mortuary
certificate on the day the Funeral director's declaration is brought to the
embassy.
"That is the standard operating procedure. As in all issuance of certificates
for repatriation of remains, this is never delayed," said Minister and Consul
General Bernadette Fernandez.
The funeral home handling the preservation of Arroyo's remains in London also
has no update on the repatriation schedule.
"I am afraid that I have no news for you from JH Kenyon regarding the late
Mr. Arroyo as we had no contact from Grace Ibuna as yet," said Stuart Cox,
Corporate Communications Manager of Dignity Funerals Ltd, sister company of JH
Kenyon.
Aleli's lawyer: Iggy's will not valid in PH By
Cathy Rose Garcia, ABS-CBNNews.com Posted at 02/21/2012 10:01 AM | Updated as of
02/21/2012 10:33 PM
MANILA, Philippines - The camp of Iggy Arroyo's legal wife, Aleli Arroyo,
insists the late congressman's will, which was executed in the United States,
cannot be considered valid under Philippine law.
This comes after the London court gave Iggy's live-in partner, Grace Ibuna,
and his daughter, Dina Arroyo-Tantoco, a joint letter of administration that
would allow them to repatriate the lawmaker's body.
Ibuna and Aleli Arroyo have been engaged in a legal tussle over who will
repatriate his remains.
Aleli's lawyer Atty. Lorna Kapunan pointed out Iggy's will, which allegedly
gives Ibuna rights over his remains and assets, was not authenticated by the
Philippine consulate in San Francisco.
"The last will and testament should be valid not only accordance with form
but also substance. We have seen this document but it has not been
authenticated... The Philippine judge has ruled that you cannot produce a
document or attest to it if it hasn't been authenticated by a Philippine
consulate in the place where it was executed," she said on ANC's Headstart
Tuesday morning.
The will was supposedly executed in San Franciso in 2009.
Kapunan added the required signatures of 3 witnesses to prove the will was
executed with a sound mind are absent.
"There must be an adequate proof that Iggy had a sound and disposing mind, in
the context of his failing health," she said.
Despite this, Kapunan said Aleli is very happy that Iggy's remains will be
repatriated.
"Ultimately the remains are coming home to Manila and in behalf of Aleli, I
would say we are very happy that finally, congressman Iggy is coming home to
rest," she said.
Aleli Arroyo has filed a case at the Quezon City Regional Trial Court,
seeking a temporary restraining order and injunction to stop Ibuna from claiming
Iggy's remains.
The 61-year-old Iggy Arroyo died in London last January 26.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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