London court seeks experts on Phl law in Ibuna petition

MANILA, Philippines - A London court has reportedly called upon “experts on Philippine law” in the case filed by Grace Ibuna in her bid to claim the body of Rep. Ignacio Arroyo, the counsel of the lawmaker’s wife Aleli said yesterday.

Lawyer Lorna Kapunan revealed this during the hearing on the separate case filed by Aleli before a court in Quezon City, which, according to her, showed that the London court was “conceding it has no competence on Philippine law.”

According to Kapunan, the UK court had informed them of its intent to have video-conference sessions with experts on Philippine law whom parties to the case want to present.

Ibuna’s lawyer, Leonard de Vera, said she had sought an injunction before the London court to stop others from claiming the remains of the lawmaker because of the wishes of Arroyo.

“There were instructions given to Ms. Ibuna by the deceased,” De Vera said.

However, Kapunan challenged Ibuna’s move.

“If Ms. Ibuna is in good faith, she would have filed the case here. If she had clean hands, she would not have litigated in a UK court,” Kapunan said.

Aleli has filed a case before the Regional Trial Court Branch 92 in Quezon City and asked for injunctions and a temporary restraining order, claiming she remains the legal wife of the lawmaker.

The annulment case on their marriage remains pending before another court.

Judge Eleuterio Bathan of the RTC Branch 92 has yet to decide on whether the TRO asked by Aleli would be issued or not.

Kapunan said yesterday during the hearing at the RTC Branch 92 that Aleli, being the wife, has first preference on the claim on the deceased’s body.

But De Vera pointed to what he said was the lawmaker’s notarized expression of his wish, which Ibuna uses as a basis for her claim.

“The deceased owns his body. Why can’t he decide who takes care of him? That is an utmost insult to the dead to have his body taken care of and disposed by the person he despises,” De Vera said.

‘Mistress’

“I don’t speak to mistresses who stole my husband.” 

These were the fighting words of Aleli when she took the witness stand on Thursday afternoon.

At that time, De Vera was asking Aleli if she had talked to Ibuna on the medical condition of the then sickly lawmaker.

De Vera’s question was prompted by Aleli’s statement that she “knew for a fact” that Ibuna had allegedly been preventing anyone from seeing “my husband” and that his condition had worsened. 

According to Aleli, she had been “taking care” of Arroyo up until their separation in June 2006 when the lawmaker left their conjugal home to be with Ibuna.

Aleli mentioned that Arroyo had bone and liver ailments.

She claimed that since then, the health condition of the lawmaker had been deteriorating.

At one point, she said she had received updates on Rep. Arroyo’s condition from a relative and even a politician in Negros.

Aleli said Ibuna had been “domineering… and no one could touch him (Rep. Arroyo).”

Apart from Ibuna, also named respondent in the petition that Aleli filed on Monday was Arroyo’s daughter from another marriage, Bianca, whom she accused of conspiring with Ibuna.

Aleli recalled on the witness stand an instance when she was told by another daughter of Arroyo, Bernardina, that the lawmaker’s health was deteriorating.

They were then at a party and according to Aleli, she didn’t have the chance to ask more questions about Arroyo’s condition since the daughter had to leave. She said all she managed to say in response was “Oh, I’m sorry.”

De Vera then asked her: “You want the court to believe, with this reaction, that you are still a caring, legitimate wife?” 

Aleli shot back: “Yes. Yes. Yes.”

During the hearing yesterday, De Vera questioned Aleli’s camp’s “name-calling” particularly whenever Aleli referred to Ibuna as a “mistress.”

“You could see how unfair it would be for Ms. Ibuna. There ought to be some sense of decency in the proceedings,” he said.

But Kapunan said: “The reason we refer to her (Ibuna) as mistress is because she is.”

Kapunan maintained there is no such thing as a “common-law wife” under Philippine law.

Meanwhile, a report on abs-cbnnews.com yesterday said Ibuna is slowly regaining her composure and physical strength.

According to the article, Ibuna attended a prayer meeting, a gathering she used to attend frequently with the late congressman while he was seeking medical treatment in London.