Lawyer says Gacayan will work with dead man’s heirs

The former employer and appointed administrator of the estate of deceased Eduardo Ocampo David will be working with David’s heirs to resolve as to who will inherit the $20,794 that David left in a bank account.

At a status conference yesterday morning, Juan A. Gacayan’s lawyer, Joey P. San Nicolas, advised Superior Court Associate Judge Joseph N. Camacho that they would be responding to the judge’s question whether Gacayan is an heir or not.

San Nicolas said they look forward to working with Charity R. Hodson and all who are interested in the probate of David’s estate.

Hodson appeared at the hearing as counsel for David’s Philippine-based siblings—Maria Gina O. David-Cuenco, Monlisa Ocampo David, Marlene Ocampo David, Avelino Ocampo David Jr., Elizabeth Ocampo David-Sta. Ana, and Olivia Ocampo David.

Hodson informed the court that the siblings had entered an appearance to claim the money.

Under the rules, an inheritance will generally go to the family of a decedent.

In an interview after the status conference, San Nicolas said, “At this point, what I would say is that we are interested in working with the heirs to resolve this matter.” He refused to elaborate.

In a separate interview, Hodson said the siblings’ next move would depend on what Gacayan, through San Nicolas, will submit in court in response to the judge’s order to show cause.

“I’m pretty sure [we’re going to] discuss the matter together to figure out [a] settlement,” Hodson said.

Hodson said they are not planning to replace Gacayan as the administrator of David’s estate.

She said they have not started discussion yet with San Nicolas as she had just entered her appearance as counsel for David’s siblings.

Hodson said it was the siblings’ family friend who contacted her to serve as their counsel in this case.

Gacayan, who owns a construction company, also appeared in court. He refused to comment at the advice of his counsel.

Gacayan is the last employer of David, who was an electrician. David died at the age of 60 at the Commonwealth Health Center on Oct. 15, 2018, more than a week after having a cardiac arrest. His remains were flown to the Philippines last November.

David, who has never been married and has no children, died without leaving a will.

Gacayan wants to inherit David’s money in the Bank of Guam, telling the court in his petition, which he then filed without a lawyer, that David had given him instruction that the money should be given to him.

In a recent order to show cause, Camacho ordered Gacayan to explain at a hearing how a non-family individual can inherit money from a decedent without a will.

This prompted Gacayan to hire San Nicolas as his new counsel last Thursday. Gacayan’s original counsel, Rosemond Santos, withdrew earlier from the case.