Hearing on custody of Tan children suspended
Today's scheduled hearing for the custody of the minor children of a murdered businessman here has been canceled.
Attorney Cornelio Panes, defense lawyer, informed The News Today yesterday that the scheduled hearing in the afternoon will not push through because the court has yet to rule on the motions filed by Attorney Sigfrid Fortun, lawyer for petitioner Conchita Tan.
"(The) Judge canceled (the) hearing because he will resolve all pending motions of Fortun," Panes said in a text message.
The case is being heard by Judge Adriano Savillo, presiding judge of Regional Trial Court branch 30. Court personnel refused to divulge records of the habeas corpus case because there were minors involved.
According to Panes, Fortun filed motions to suspend proceedings, to direct the Department of Social Welfare and Development to conduct child study report, to appoint guardian ad litem and for reconsideration.
"The motions filed by Fortun are overflowing already. So too our oppositions (to the motions)," Panes said, remarking further "that the records of the case is already very thick."
Tan filed the Petition for Habeas Corpus against Michael Zayco, Superintendent Renato Gumban of the 6th Criminal Investigation and Detection Group, and several others last January. Tan, the aunt of slain fertilizer trader Francisco "Bobby" Tan, instituted the civil case shortly after Zayco took custody of the five minor children, and brought them to Bacolod City last January 19, 2006.
This followed the death of Francisco Tan, his wife Cynthia Marie, and their six-year-old daughter Kathy, who were murdered January 9 this year. Zayco is the brother of Cynthia Marie. Two counts of murder and one count of parricide are pending against Archie and John Michael, Tan's sons by his first marriage, at the Iloilo City Prosecutor's Office, awaiting resolution.
In an interview also yesterday, Gumban said that he has been summoned to give his testimony supposedly today. Had the hearing been not postponed, Gumban was to testify that the CIDG merely provided security for Zayco as the latter takes custody of the children.
However, the intestate estate proceedings will proceed as scheduled today.
Atty. Arturo Alinio, lawyer of Archie Tan, said that they will be presenting additional evidences to establish jurisdictional facts required by the Rules of Court.
At stake are Francisco Tan's estate, consisting of bank accounts containing about P30 million and eleven parcels of lot.