Dear Noel.
Noel, you, and all the heirs, have the right to ask a detailed accounting what are the properties Papang and Mamang left behind, as I mentioned those properties in my previous email.
This includes Mamang's bank accounts, as well.
If you intend to do this, I suggest that you do it in a reply email to the email I sent to you and Dodoy (in draft form but sent anyway) that contained information on the process of estate settlement and partition, the four categories of properties left by Mamang and Papang. Provide your email to all the heirs for their information and for transparency. I will reply as both lawyer and heir to advise in detail all the heirs of their rights and of the process and documentation required for the settlement of the estates of Mamang and Papang , and the transfer of those properties to the heirs, equally..
All the properties mentioned above are, by operation of law, now the common properties of all the heirs to the extent of !/6 of the entire properties. I told this to Nonoy and Lily during our Feb 7 meeting , and I will repeat this, as necessary.
Because you and Dodoy are not here, you may have to execute documents related to the extra judicial settlement ( and partition later) which will be prepared by the lawyer. I will review those documents first , accept, amend or reject them.
The lawyer has not reverted to me since the last time I sent him an email with instructions, including the question of how much will he charge. I provided all the heirs with copies of that email, and I will continue to do so for transparency and for the information of the heirs who are not in the Philippines. It is also good idea to put everything in writing. He is probably busy. But I will raise this matter when I will meet with Nonoy and Lily tomorrow here at home during my belated birthday party.
The general guiding principle I told the lawyer in that email, and which is required by law, is equality of the heirs in the inheritance.
My health is fine, Noel. I am a little overweight though (83 kilos, whereas I should only weight 76). I have a few aches and pains in my joints. My blood pressure and cholesterol levels are normal. I exercise in a gym.
Your brother,
Niniboy
On 2/16/08, Noel Gamboa
Hi Niniboy,
I am not suggesting any confrontation. The tone of my email to Nonoy was strong because he was trying to be cute.
Unless there are extenuating circumstances, I will ask the question about the account(s). Besides, it will have to be explained anyway. All stakeholders may want to know if bank accounts exist, what was done and how it was used. For instance, I wouldn't have known about it if I didn't ask you.
Let me know what you think.
I hope you are well.
Noel
Elpidio Gamboa
Dear Noel,
I would rather leave things as they are for now. But I agree with you in many respects. Our difference is that I do not see how I can change things as they are now by frontal confrontation with them. I feel things will only worsen and that they will side with each other even more in a frontal confrontation. If you were only here, then things will be different.
Regarding the bank account of Mamang. All expenses for her hospitalization, wake and funeral were taken from those bank accounts. Nonoy prepared a preliminary accounting.
I do not believe there will be much money left in those bank accounts after everything has been paid for. Even assuming there will be some left, and they will not be accounted for properly, then I leave it to the conscience of people concerned.
There will also be expenses for the settlement of the estates of Papang and Mamang --- taxes, penalties, if any, transfers of titles and registrations, lawyer's fees. I will raise the question of how much money was spent from the bank accounts left by Mamang at that proper time and ask that the payments for the settlement of the estates should come from the bank accounts of Mamang.
The lawyer recommended by Nonoy has not reverted to me after that email I sent to him , which email I also provided by cc to all of the heirs. I already told Lily and Nonoy so by email . I will raise this matter at our next meeting here at home on the 17th.
Inspite of the slurs on me , I am trying to keep a steady keel.
Niniboy
.
On 2/13/08, Noel Gamboa
Dear NIniboy,
I'm glad of this letter. I thought you would not sound off, even though it is just to me, in private. Nonoy has a bad mouth, and Lily defending him is a little ironical since Nonoy has been saying awful things about her too. Hehehe, one of these days she will find out and that would indeed be a laugh. Of course, he changed his tune when Lily married into money.
I can send an email addressed to all asking about Mamangs bank accounts. Since you are the lawyer I will address you in the opening. How's that? Let me know.
Niniboy, I don't know how closely you can monitor what Nonoy is doing, specially with Mamangs accounts. I don't know if she had money to speak of, but whatever there is should be accounted for (even if someone is drawing from it for their own benefit, so long as we know)
So, that inheritance lawyer is Nonoy's recommendation. Make sure he is above board.
Niniboy, it would really be nice if we can put closure to all the bad things that Nonoy has created. Unfortunately, he is not going to admit to it, even if it stares him in the face for the rest of his life. He is just a scheming lousy brother.
Putting Nonoy's bullshit behind you is a good idea. Just hope it does not happen again.
Regards,
Noel
Elpidio Gamboa
Dear Noel,
I know how you feel, Noel. I feel the same as you do in some ways.I also have the same thinking of other people as you do. And you know and heard of so many malicious things said about me -- and perhaps my family -- behind my back, by those people. I was hurt by all of those talks specially because they are not true and that I cannot defend myself. My only consolation is that people do not believe them and their lies --- and the sick people who have habit of speaking ill of others behind their backs are in fact pointing the accusing finger at themselves. Relatives of ours who have heard of ill talk about me and my family from the same source have told me they do not believe those dirty talk.Some added those people are just envious of my success and that those people are by nature trying hard to look good at the expense of others. I would rather forget them, Noel. As I told all concerned by email: I did not steal anything from Mamang or Papang and anybody who says so should tell me in my face so I can defend myself from those lies. I would like to close this matter now.
Noel, I am sorry I cannot inquire from Dodoy and Marilou about the US Bank accounts of Mamang. I am satisfied with what I have heard about those accounts; also I do not want to alienate Dodoy from me.
You are more candid -- and perhaps rightly so -- than myself. You speak your mind withoug reservations.
My goal now is to have the sharing of our inheritance done fairly,equally and quickly. In short, we all get 1/6 of what Mamang and Papang left behind. That is why I told the lawyer recommended by Nonoy that I am providing copies by email all the heirs with communications between us.
Keep this email to yourself, Noel, I do not want anybody else to read it. That is the reason why I purposely sent this email as a separate one, rather than just simply doing so by pushing the REPLY botton in answer to your email.
On a personal note, I retired from PNOC in 2006 and I am beginning to feel some subtle aches and pains in my joints -- arthritis my doctor said. Luvy put up a school nearby after her own retirement , and I have a small and starting legal consultancy for oil and gas exploration companies. Eric is moving to New York in July to start his fellowship in oncology and hematogy. Call and see him sometime for some encouragements. He will be staying with Dodoy for a few days only, until he moves to his hospital dormitory or his own apartnment nearby.Leo is an accountant in Edmonton Canada. Celia's export handicraft production is doing well inspite the weak dollar
I am really looking forward to seeing you soon at your own time.
Take care.
Your brother,
Niniboy
