Ex-employer lists five siblings of dead worker who left $20K

The former employer of a dead electrician who left behind $20,794 in a bank account still wants to be the administrator of the man’s estate but, this time, listing five surviving siblings in the Philippines.

Juan A. Gacayan, through counsel Joey P. San Nicolas, told the Superior Court Monday that he failed to include the surviving siblings of Eduardo Ocampo David in his initial petition to serve as administrator of David’s estate and that he is now correcting the omission.

Gacayan asked the court to issue an amended petition for letters of administration naming himself as administrator of David’s estate.

David’s surviving siblings were identified in Gacayan’s list as Maria Gina Ocampo David-Cuenco, Monalisa Ocampo David, Marlene Ocampo David, Elizabeth Ocampo David Sta. Ana, and Avelino Ocampo David.

Charity R. Hodson, who was hired by the same siblings to represent them, listed six siblings, including Olivia Ocampo David, who is not on Gacayan’s list.

Superior Court Associate Judge Joseph N. Camacho will hear the matter on Sept. 5.

All creditors of David or his estate were ordered to file their claims with the clerk of the Superior Court within 60 days, or the claims will be forever barred.

In Gacayan’s amended petition, San Nicolas said that David died without leaving any will on Oct. 15, 2018, on Saipan.

Last Dec. 20, the court granted Gacayan’s initial petition for letters of administration.

San Nicolas said Gacayan is a family friend of David, who had never been married and has no children.

San Nicolas said the property of David’s estate consists of approximately $20,000 at the Bank of Guam in Garapan.

The lawyer said Gacayan is aware of debts that David has left unpaid and that he will inform the court of the details at the filing of the estate’s inventory.

San Nicolas said Gacayan is a suitable estate administrator and would help ensure an expeditious handling and settlement of all probate maters with the least expenses.

San Nicolas said Gacayan presently lives on Saipan, which ensures that he will be subject to the court’s jurisdiction whenever his appearance is required.

David, who hails from Pampanga, the Philippines, died at the age of 60 at the Commonwealth Health Center on Oct. 15, 2018, more than a week after he had a heart attack. His remains were brought to the Philippines last November.

Gacayan’s original petition asked the court to allow him to inherit David’s money in the bank.

Last June, however, Camacho expressed concern since an employer is not an heir of the decedent when there is no will that expressly states that such employer will get an inheritance upon a person’s death.

Gacayan’s former counsel, Rosemond Santos, withdrew from the case. Gacayan then hired San Nicolas as his new counsel.

The siblings learned about the probate through Saipan Tribune.