MANILA, Philippines—A London court is reportedly seeking a video conference with experts on Philippine law to settle the tug-of-war between two women over who has the rightful claim on the body of deceased Negros Occidental Rep. Ignacio Arroyo.
This was revealed in a hearing before a Quezon City court on Friday afternoon by the lawyer of Alicia Rita Arroyo, the representative’s legal wife, who is asserting her claim over the body.
Alicia wants the Philippine court to issue a temporary restraining order against her husband’s partner, Grace Ibuna, who filed an injunction with a London court to stop Alicia from getting the body, citing a document signed by Arroyo naming her—not the estranged wife—as his executor.
Arroyo’s body has been in a freezer in a London morgue since his death due to a liver ailment on Jan. 26.
Alicia had gone to London but failed to bring home the body of her husband.
Alicia’s counsel, Lorna Kapunan, told Judge Eleuterio Bathan of Regional Trial Court Branch 92 that they received information that the London court intends to consult with Philippine law experts.
According to Kapunan, this intention for a video conferencing call with scholars of Philippine law is somewhat an indication that the London court is “conceding it has no competence on Philippine law.”
“If Ms Ibuna is in good faith, she should be here… If she had clean hands she should fight in a Philippine court,” the lawyer argued.
“We don’t intend to fight there. It is undignified for the wife to fight in foreign territory where she has no control at all,” the feisty Kapunan added.
Alicia’s camp has consistently maintained that as the legal wife, Alicia is duty-bound under the law to take custody of her husband’s remains, citing the Revised Administrative Code and the Civil Code.
The marriage was undergoing annulment proceedings but it had not been finalized when Arroyo died.
Ibuna’s defense
Ibuna was represented at the Quezon City hearing by lawyer Leonard de Vera, who pointed out that even the courts “must respect the will of a deceased man.”
“He owns his body, why can’t he decide who will take care of him? It is an utmost insult to the dead to have his body taken care and disposed of by a person he despises,” he countered.
De Vera cited two 2009 notarized documents executed by the deceased—an “advanced healthcare directive” and a declaration of trust—which did not mention Alicia’s name at all.
The “advanced healthcare directive” named Ibuna and a daughter, Bernardina Arroyo Tantoco, as agents should doctors declare him to be “no longer able to make his own decisions.”
A Declaration of Trust also named Tantoco, his daughter with first wife Marilyn Jacinto, as a trustee who will hold his estate in trust until Ibuna’s death.
Ignacio and Alicia, married in 1994, have been estranged since 2006 when the lawmaker left the couple’s conjugal home to live with Ibuna. It was the latter who was with him in his final moments.
On cross examination on Thursday, the wife said she had cared for her husband when he underwent hip replacement and was diagnosed with a rare bone disease. This was apart from a liver problem that he had. But after Arroyo left her in June 2006, she only got updates on her husband’s condition from friends and relatives.
She cited a certain mayor Plamares, who told her three years ago that “Iggy,” Arroyo’s nickname, was in London seeking treatment for his liver problem and that he had bought an apartment there.
De Vera asked Alicia if she was able to confirm such reports, to which she answered negatively, saying her husband no longer visited their daughter.
Asked if she had ever communicated with her husband’s current partner, she responded: “I don’t speak to a mistress who stole my husband.”
Alicia related that Tantoco had also told her that her husband was seeking treatment for his failing health.
Asked by de Vera if she had inquired about Arroyo’s health, she replied in the negative, saying that the relative had to leave immediately after the event. She was only able to say, “I am sorry.”
The lawyer said he found it hard to believe that Alicia did not ask on how Ignacio was faring. “You want the court to believe that you are still a caring, legitimate wife?” Ibuna’s lawyer demanded.
Alicia replied, “Yes, yes, yes, yes.”