Ex-employer tried to withdraw from deceased’s bank account

The six siblings of the electrician who died and left behind $20,794 in a bank account, have accused the administrator of the deceased’s estate of bad faith for disclosing for the first time the $240,077 in hospital bill incurred by the deceased.

The siblings/heirs, through counsel Charity Hodson, said Juan A. Gacayan, the administrator of the estate of deceased Eduardo Ocampo David, also tried to withdraw from David’s bank account weeks before he died in October 2018.

Gacayan recently revealed that there is a potential claim by the Commonwealth Health Center for David’s hospital bill that Gacayan received from CHC after David died.

Gacayan is also former employer of David. David was reportedly a contract worker employee of Gacayan for the period Oct. 1, 2017 to Sept. 30, 2018. David, a Filipino, passed away at the age of 60 at CHC on Oct. 15, 2018. His remains were brought to the Philippines last November.

In the siblings’ pleadings filed before the Superior Court, Hodson said Gacayan states that he received the hospital bill for David, but does not state that he paid for it.

Hodson said if Gacayan only received the bill, and did not pay for it, this is another omission by Gacayan that he lied to the court on several occasions.

Hodson also cited alleged four lies committed by Gacayon.

The lawyer said first, when Gacayan filed the petition to administer the David estate, he stated that he was not aware of any debt left by David.

She said second, when Gacayan filed the inventory of the estate, he stated that he is unaware of any debt by David.

Third, Hodson said, when he filed a petition for decree of final distribution, Gacayan told the court that there were no known creditors of the estate.

Finally, the lawyer said, when Gacayan filed the most recent amended petition to administer the estate, he again stated he was unaware of any debts left by David.

She also pointed out that the hospital bill that Gacayan submitted is an unredacted CHC bill containing David’s personal information that is one page out of 12.

The lawyer said it is not proof of payment, it is only proof that there is a potential claim by CHC against the estate.

Hodson said Gacayan falsely represents to the court that he incurred attorney’s fees and costs “as the appointed attorney in fact by David’s sisters” and informs the court that he has expended $7,000 in legal fees.

Hodson said Gacayan is not the appointed attorney in fact for David’s sister.

The lawyer said Gacayan held a special power of attorney for David’s sister, Maria Gina O. David-Cuenco, alone.

She noted that the special power of attorney executed by David-Cuenco did not authorize Gacayan to incur legal fees for the probate of the estate.

Hodson said the special power of attorney only and specifically covers acquiring information and facilitating the closure of David’s bank account.

Hodson said Gacayan claims that he did not have legal counsel when he filed the inventory and the petition for final distribution and made the unadvised decision not to file his creditor claim and instead to proceed to final distribution and to offset said expenses.

“This is factually inaccurate,” said Hodson, pointing out that Gacayan was represented by counsel Joey Patrick San Nicolas when he filed the most recent amended petition to administer the estate which also did not disclose any creditor claim by Gacayan.

She said Gacayan cannot credibly claim $7,000 incurred in attorney’s fees and costs and in the same breath state that he was not advised by counsel.

Hodson said Gacayan should not be able to recover any attorney’s fees and costs for filings made in bad faith and filled with misrepresentations to the court.

Hodson said Gacayan informed the court that prior to David’s death, he was in communications with three of David’s sisters.

She said Gacayan claims that the three sisters executed a special power of attorney, appointing Gacayan as their attorney in fact for the purpose of inquiring and accessing information related to David’s bank account.

“This is incorrect,” Hodson said.

She pointed out that David-Cuenco executed a special power of attorney to allow Gacayan to access David’s bank account and to facilitate its withdrawal or closure.

She said the two sisters witnessed the special power of attorney, but it was only David-Cuenco that executed the special power of attorney.

Hodson said the special power of attorney did not authorize Gacayan to represent her interest in the estate, to open the probate of David’s estate on her behalf, or to authorize David to unilaterally attempt to have all proceeds of David’s bank account distributed only to Gacayan, without any notice to the heirs.

Hodson said several months prior to David’s death, Gacayan’s daughter communicated with David-Cuenco because Gacayan wanted to withdraw money from David’s bank account allegedly to pay for David’s hospital bill.

She said Gacayan sent over a power of attorney he had apparently drafted for David’s signature but was never executed, possibly because David was already so ill.

She noted that the special power of attorney was executed on Sept. 27, 2018, two weeks prior to David’s death on Oct. 15, 2018.

Hodson said Gacayan was attempting to withdraw and exercise control over David’s bank account before he was even dead.

On Gacayan’s claim that he and his employees performed bedside watch for David at CHC, incurring 312 employee hours amounting to $2,262, Hodson said in support of such claim Gacayan attaches multiple timesheets that all appear to be in the same handwriting.

Hodson said in the space for “name of the employee” at the top of each sheet, the space is left blank.

Hodson said aside from the lack of proof that Gacayan actually paid anyone to perform “bedside watch,” these are not services for which David obligated himself to pay and are certainly not expenses that his estate should be obligated to cover.

Gacayan, through counsel Joey Patrick San Nicolas, asked Superior Court Associate Judge Joseph N. Camacho to permit Gacayan’s current amended petition for letters of administration to move forward and grant the continuing appointment of Gacayan as administrator.

San Nicolas said prior to David’s death, decedent suffered a major stroke and was admitted and remained at CHC for approximately two months under 24-hour care.

The Philippine-based six siblings of David are opposing the request of Gacayan to remain as administrator.

Hodson requested the court to substitute Christopher G. Imbo, a family friend of David’s family and a resident of the CNMI, as the new administrator of David estate.

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

Last June, Associate Judge Joseph 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.