REMAINS OF THE DAY Aleli Arroyo files a petition for a temporary restraining order against Grace Ibuna for custody of the late Rep. Ignacio Arroyo’s body in a Quezon City court on Tuesday. RICHARD REYES
Citing lack of jurisdiction, a daughter of the late Representative Ignacio Arroyo has asked a Quezon City court to junk the appeal of Arroyo’s second wife for custody of his body.
Bianca Arroyo, the lawmaker’s daughter with ex-wife Marilyn Jacinto, filed a motion to dismiss on Monday before Judge Eleuterio Bathan of Quezon City Regional Trial Court Branch 92.
The pleading was filed through Bianca’s legal counsels—Ma. Soledad Mawis and Jacqueline Guzman.
Bianca was one of the respondents in the custody petition and application for injunctions lodged on February 13 by Alicia “Aleli” Rita Arroyo, the lawmaker’s second wife.
Aleli is asking the court for a temporary restraining order and injunctions to stop Bianca and her husband’s partner, Grace Ibuna, from claiming the body of her husband.
The lawmaker died on January 26 in London due to a liver ailment, with Ibuna at his sickbed.
Aleli has accused Bianca and Ibuna of collusion by not recognizing her status as legal wife.
Ibuna custody
On Monday, a London court granted Ibuna and Bernardina Arroyo-Tantoco, another daughter of Arroyo, custody of the lawmaker’s remains despite Aleli’s legal protests.
Following the London court order, Ibuna and Aleli have agreed to discuss a possible settlement of their feud over Arroyo’s body.
“The parties jointly manifest that an agreement in principle have been reached subject to some minor details,” Leonard de Vera, lawyer of Ibuna, manifested in open court on Tuesday.
This was the result of a three-hour closed-door meeting before Judge Bathan.
Bathan called De Vera and Lorna Kapunan, counsel for Aleli, to approach the bench shortly before 3 p.m. to call them to his chambers. The lawyers emerged shortly before 6 p.m. after consulting with their clients.
Kapunan thanked the court for looking for ways for a peaceful solution to the dispute which began with Arroyo’s death.
The final details, should both parties finally agree to it, will be the discussion in Wednesday’s court hearing, scheduled to start at 2 p.m.
No jurisdiction
In her motion, Arroyo’s daughter cited two instances in which the court had no jurisdiction over her person and over the case itself.
She pointed out that the court served its summons for her to answer the petition at an address in Greenhills East, San Juan City, even if she was not a Philippine resident.
According to Bianca, her address is “Breezer Way 3 102 Las Vegas, Nevada, United States.”
“This court, with due respect, is without power to subject herein respondent to its coercive processes,” part of her motion read.
She added that Aleli’s urgent petition for custody “inherently and necessarily relates to her status as alleged wife.”
“Such is the case, it is only an RTC acting as a family court and not a court of general jurisdiction that has exclusive jurisdiction to hear and try the case,” the motion added.
Bianca’s pleading cited the Family Court Act of 1997, which states that family courts may hear matters relating to marital status, property relations, annulment of marriage, etc.
Bathan’s court is not designated as a family court of Quezon City.
“As the court is bereft of authority to hear and decide the case, it is thus without choice but to dismiss the case at bar,” the motion said.
Main case
In an interview with reporters after the hearing, Kapunan said her client would wait for a final court order containing the details of the funeral arrangements.
“The agreement is on the remains (of Arroyo) only, but the main case, the injunction stays. The temporary restraining order is no more, but there will still be the main case,” she added.
Earlier, the lawyer expressed hope that the case would be resolved soon as it was a private matter. “It’s not good to be arguing about things like this,” she said.
According to Kapunan, the main case is “for the recognition of Aleli as the legal wife and the rejection of Ibuna’s claim that she is the next of kin.”
Asked if this argument would be used in case an inheritance dispute will arise, the lawyer replied: “Of course. That’s the value of the marriage certificate.”
Her teary-eyed client, Aleli, said she had talked to Tantoco to ask for a two-day wake at the conjugal home.
But when asked if she had talked to Ibuna, Aleli replied, “No, I don’t talk to her.”
Plea for 2-day wake
Kapunan said her client’s wish for a two-day wake at the couple’s home in La Vista was for Iggy and Aleli’s 14-year-old daughter who was unable to say goodbye.
De Vera, however, said the case may still push through if the parties fail to reach a final settlement Wednesday.
“In the hearing, we will tell the court if we had agreed and what are the terms. If there is no settlement, then it will push through,” he told reporters.
The lawyer, however, stressed that his client was for an early and dignified interment of Arroyo, who has yet to be brought back to the Philippines as of press time.
Ibuna’s lawyer added that should the parties finally agree on a settlement, there would be no more cases to pursue.
Kapunan welcomed the London court’s directive ordering the mortuary to release Arroyo’s body, although she added that it might be “dangerous” for future cases.