Ibuna gets custody of Iggy remains

MANILA, Philippines - 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, 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