Aleli Arroyo disagrees with UK court order to pay P6M for Iggy's funeral

Published February 22, 2012 11:25am

(Updated 4:31 p.m.) - Saying the ruling of Philippine courts should prevail, Aleli Arroyo, the second wife of the late Rep. Ignacio "Iggy" Arroyo, has refused to recognize a United Kingdom court order requiring her to pay P6 million in legal costs, including the repatriation of her husband's remains from London.

According to a report of "Unang Balita" on February 22, Justice Peter Smith ordered Aleli to pay for all the expenses at the funeral home in London.

However, Aleli said Philippine law, not UK law, should be honored because all the parties involved are Filipinos.

"Unang una hindi naman kami ‘yung gumastos nun. Hindi naman namin kasalanan ‘yun. At pangalawa hindi namin ni-recognize ‘yung UK courts," Aleli said in an interview on "Unang Balita" on February 22. "Ang nire-recognize namin ang Philippine courts. Kami ay Pilipino. Pilipino si Iggy, Pilipino ‘yung isang babae doon, Pilipino ako. Ililibing siya sa Pilipinas. So bakit tayo makikinig sa UK? Pilipino tayo, ang ating batas na susundin ay ang sa Pilipinas," Aleli added.

Smith's decision came after a UK court granted on February 21 joint custody of the congressman's remains to:

Bernardina Arroyo-Tantoco, his daughter with his first wife, and
his common law partner Grace Ibuna.

The decision was a victory for Ibuna. "In behalf of my family, I again, would like to thank everyone who embraced us here in UK when we felt alone," Ibuna said in an Unang Balita report on February 21.

It was not clear why the UK court asked Aleli Arroyo to shoulder the funeral expenses even as it granted custody of the body to Grace Ibuna and Iggy's daughter Bernardina Arroyo-Tantoco. Funeral arrangement

Ibuna's legal counsel Atty. Leonard De Vera said Rep. Arroyo's wishes, expressed in his last will and testament, should be recognized. He cited Article 307 of the Civil Code which states that "the funeral arrangements shall be in accordance with the expressed wishes of the deceased."

On the other hand, Aleli's legal counsel Atty. Lorna Kapunan said based on Philippine law, the legal wife has the priority when it comes to the funeral arrangement.

"Ang issue pa lang na nasa korte is who is entitled to the remains. Malinaw ang batas: Ang legal wife, at ang preference on the funeral arrangement, ang number one preference is the legal wife," said Kapunan on "News to Go" on February 21.

"Pangalawa lang ang children at pangatlo ang parents at pang-apat lang ang brothers and sisters. Wala ho doon sa enumeration ang mistress," Kapunan added.

Even though she disagrees with the UK court decision, Aleli said she is glad that her husband's remains will finally be brought home.

"Malinaw na mauuwi sa amin. So ‘yun lang ho ang hinihingi ko noon na noon pa. I had to go to the Philippine court to do that, and I am very happy that the judge has considered that in the compromise," she said. Battle for custody of remains

According to an earlier report, Aleli Arroyo flew to the UK to claim Iggy Arroyo's remains and repatriate it to the Philipines, but was blocked by a suit filed by Ibuna in the UK, who claims rights over the body with the late congressman's will, which was signed in California.

Justice Smith of the Chancery Division of the UK High Court of Justice set a hearing on February 20 at 10:30 a.m. (UK time) for “anyone with an interest in the case [to] provide evidence.”

According to Kapunan, Aleli Arroyo filed a motion at the sala of Quezon City Regional Trial Court Branch 92 Judge Eleuterio Bathan asking for custody of Iggy Arroyo's remains and temporary restraining order for his burial abroad.

"Ang applicable dito 'yung Conflict of Laws, kasi 'yung dokumento na basis daw ni Ibuna ay executed in California, so California law. 'Yung judge ay UK judge. Eh kami naman ay nandito sa Philippine court. Last week po nag-file si Aleli for a petition for the custody of the remains of Cong. Iggy with a prayer for a restraining order to restrain people from claiming or userping the rights of the legal wife. 'Yun po ang naka-file sa RTC of Quezon City," Kapunan said.

"Humihingi tayo ng restraining order sa Philippine court, which really is the court with jurisdiction for the legal wife to get the remains when it arrives here in the Philippines," said Kabunan in a February 22 report on Unang Balita. On Wednesday, Feb. 22, presidential spokesperson Edwin Lacierda said Malacañang will not intervene in the issue regarding Iggy Arroyo's remains. –Carmela G. Lapeña/KG/VVP, GMA News

Tags: iggyarroyo, aleliarroyo