San Nicolas requests postponement of hearing in dead electrician’s $20K

The new retained counsel for an employer, who was appointed as an administrator of the estate of Filipino electrician who has already died and left $20,794 in a bank account, requested yesterday the Superior Court to postpone Thursday’s scheduled hearing.

Joey P. San Nicolas, counsel for employer/administrator Juan A. Gacayan, asked the court to continue the status conference presently set for Thursday at 9am.

As of press time yesterday, Associate Judge Joseph N. Camacho, who is handling the probate case, has not granted San Nicolas’ request.

The lawyer informed the court that he has previously scheduled appearance in a mediation hearing for another case, at another location (Middle Road, Garapan), set for 10am on the same date of the status conference.

San Nicolas said given the short notice and the need to further review the file in the estate of Eduardo Ocampo David, a continuance in this matter is essential.

San Nicolas said he also needs to meet and confer with his client, administrator Gacayan; and to be adequately prepared for that hearing.

David, a long-time electrician on Saipan and Tinian, died at age of 60 in the intensive care unit at the Commonwealth Health Center on Oct. 15, 2018 or more than a week apparently after he had a heart attack. His remains were transported to the Philippines last November.

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

Rosemond Santos was the original counsel for Gacayan. Santos withdrew as counsel last March. She did not indicate her reason.

Last April 16, Gacayan filed pro se, or without a lawyer, a petition that asked the court to distribute the money to him. He told the court that upon David’s instruction, the money should be given to him.

But Camacho recently ordered Gacayan to appear at this Thursday’s hearing and explain how a non-family individual can inherit money from a decedent without a will.

San Nicolas filed last Thursday his appearance as new counsel for Gacayan.

Saipan Tribune learned that David’s sister, Gina David Cuenco, who is based in the Philippines, called last week former United Filipino Organization president Annamae Adaza to express her and other siblings’ intent to claim the money.

Aside from Cuenco, David had five other siblings.