Zayco wins custody battle of Tan kids
Four months after they were orphaned and subjected to a legal squabble on the issue of guardianship, the Court finally ruled on the five minor children of massacre victims Francisco "Bobby" Tan and wife, Cindy Zayco-Tan.
And it is not the Tan family matriarch, businesswoman Conchita Tan, whom the Court appoints for the job. As petitioned and now granted by a Kabankalan Court, maternal grandmother Rosalinda Garcia-Zayco is the children's rightful guardian. The Order was handed down late Tuesday afternoon by Branch 61 Judge Henry Arles. Alongside the guardianship issue, Judge Arles further dismissed the Petition filed by Tan claiming lack of jurisdiction on the matter.
Tuesday's victory is a major blow for the Tan Defense team headed by celebrity lawyer, Philip Sigfrid Fortun. For months now, the Zayco group of lawyers which included Ilonggo counsel, Cornelio "Kune" Panes have been on the defensive, answering one complaint after the other lodged by Tan against the Zaycos.
Judge Arles in his Order ruled that there is merit on the petition filed by the Zaycos with Rosalinda being the only living grandparent of the Zayco-Tan children. She is also the next in line "to exercise parental authority in case of death of said children's parents who are actually deceased..."
Relatedly, Judge Arles in junking the lack of jurisdiction claim raised by the Tan group maintained that Branch 61 is a single sala Court with its own territorial jurisdiction "separate and distinct from that of other single sala Courts or multiple sala Courts and is not affected by the designation of any of the salas in the latter as Family Court unless so clearly specified."
Further still, the Court pointed out the failure of Tan to prove its claim.
"Oppositor Conchita Y. Tan despite the time given to her has failed to submit copies of said Supreme Court Administrative Circular A.M. No. 99-11-07 and OCA IPI NO. 05-2250 referred to be her in said opposition and motion and therefore in absence thereof, the Court could not give due course to the motion," excerpts of the two-page Order stated.
Couple Bobby and Cindy were butchered inside their plush mansion in a January massacre that shocked the business and Filipino-Chinese community of Iloilo. Third victim was 6 year-old daughter Katherine who was also violently killed and stabbed several times.
Two Tan children whom Bobby sired with another woman prior to his engagement with Cindy were tagged as principal suspects by the Criminal Investigation and Detection Group (CIDG) here. A legal battle then ensued after the Zaycos took the five surviving children.
To date, murder and parricide raps await final resolution before the Iloilo City Prosecutors' Office with the Tans able to delay the proceedings.
In Branch 30 of the 6th RTC here where related cases are also pending, Judge Adriano Savillo has ruled against what he said were "never-ending" Petitions and Motions.
Enough of such, the Judge said to both defense and prosecution panels while saying he will not allow any more moves to affect speedy resolution of the complaints and cases lodged in his Court.