User talk:Rainingfeathers

This article is very erroneous about Cesar Alzona. People are making claims without his agreement. Please see a copy of a legal case below by someone who was not even carrying his name because she was married to somebody else. Please delete and ban this article immediately as it is defaming the very person whom it is being dedicated. I am hoping that we are not taking advantage of the deceased and with all due respect to him, please do not do this.

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE PROSECUTOR QUEZON CITY

ESPERANZA C. VALENCIA, Complainant, I.S. No. 01-6845 PERJURY/ESTAFA THROUGH FALSIFICATION OF 							PUBLIC DOCUMENT -versus-

MARY JOSELINE MARILAO SANDRA SORAYA M. ALZONA Respondents, x

R E S O L U T I O N

This is a complaint for Perjury and/or Estafa through Falsification of Public Document filed by Esperanza Valencia againt Mary Joseline Marilao Alzona and Sandra Soraya M. Alzona. It appears that complainant and late Caezar Alzona were married in 1947 our of which marriage were born four (4) legitimate children, namely, Cesar. Jr., Eduardo, Cezarina Barbara and Esperanza Patricia. Complainant and her children had been residing in the U.S. since the mid-sixties as the former separated from her husband since then due to the latter's extra-marital affairs. Cesar, Sr. died on June 27, 1997 in Quezon City. Sometime in February 1998, complainant visited the Philippines and came to know personally respondent Mary Joseline Marilao whom Caesar, Sr. appears to have bigamously married in 1973 and who bore him correspondent Sandra Soraya Alzona. In early June 1998, both respondents met complainant's son Eduardo in Makati and there were occasions when Mary and complainant would talk about claims of the children of complainant as heirs. Hence, both respondents knew that Caezar, Sr. had complainant as first wife and the four (4) aforenamed children to be the surviving heirs of Caesar, Sr. This notwithstanding, both respondents executed on July 15, 1998 a Deed of Extra-Judicial Settlement of Estate of respondents are the wife and legitimate daughter and the only surviving heir of the decedent. Accordingly, respondents had wrongfully adjudicated unto themselves the entire estate of Caezar, Sr. to the prejudice of complainant and her children. Respondents thus succeeded in causing to be transferred to their names the title and tax declarations of the residential lot and house in Cubao using the said deed for said purpose. Respondent Mary Joseline Alzona claims that she was civilly married to Caezar on February 14, 1973 and in religious rites on May 1, 1973. Out of said marriage was born Sandra Soraya Alzona. Respondent avers that she had no knowledge nor did she ever suspect that Caezar could have another family as wife because during the 25 years of marriage to him, Caezar spent all his waking hours with her. Mary claims that the Cubao property was acquired through their joint effort and registered in the name of Caezar and herself as spouses. When Caezar died on June 27, 1997 intestate, leaving Mary and Sandra as his only known compulsory heirs, the latter on December 18, 1997 executed an Extra-Judicial Settlement of the Estate of the deceased Caezar Alzona which was published once a week for three (3) consecutive weeks in the Balita. By reason of this publication, complainant came to announce the death of Caezar by seeing Mary at her residence in Cubao. That was the first time that Mary ame to know of the complainant who introduced herself to be the "wife" of Caezar and even showed old pictures of a younger Caezar and boys allegedly their children. Complainant narrated that Caezar was her first husband with whom she separated due to his womanizing and that they have four (4) children and residing in the U.S. since 1963. Mary observed that complainant was extraordinarily interested in obtaining ownership of the Cubao property. After moments of pondering, Mary entertained suspicion as to the claim of complainant since the latter appeared only after the death of Caezar and who, in his lifetime never mentioned of such fact nor existence of children by a previous marriage. Mary was wondering why in all of twenty five (25) years of her marriage to Caezar, not even one (1) of the four (4) children got in touch with him. As a matter of fact, Caezar in his lifetime never mentioned that he had a wife and four (4) children by her. Thus, having no substantial proof of the truth of complainant's allegations, Mary proceeded to register with the Registry of Deeds the Deed of Extra-Judicial Settlement of Estate executed between her and Sandra wherein they expressed their true knowledge and belief that they were the only surviving heirs of Caezar. Complainant could not be the surviving spouse of Caezar as she does not even carry Caezar's surname. Herein complainant instituted on July 2, 1999 a Special Proceeding before the RTC-Quezon City, Branch 21, entitled "In Re: Settlement of Estate of Deceased Person and Partition of Interstate Estate of Caezar Yatco Alzona, Deceased. Dr. Esperanza Cornejo Valencia Vs Mary Joseline Marilao Alzona, et. al.," docketed as Sp. Proc. herein prays that she and her children be declared as surviving heirs of Caezar and lays caim over the Cubao property only. Mary claims that if there is truth at all to complainant's claims, the latter will first have to prove in the said proceedings that she was married to Caezar as the legitimate surviving spouse with four (4) legitimate children by him. In fact, complainant admitted in open court in a hearing in the Special Proceedings that she married Bonifacio Valencia in 1968 at a time her alleged marriage to Caezar was subsisting. Mary argues that she and Sandra did not commit perjury as the statements both respondents attested were true as they know such facts to be. There is no absolute truth to any of the complainant's alllegations that she and her children are the legitimate heirs of Caezar as they must first be resolved in the Special Proceedings mentioned earlier. Reply and Rejoinder Affidavit were submitted by the parties in refutation of the respective claims and defenses. Also, a Manifestation and Compliance was submitted by the counsel for complainant. We find the present complaint to be premature. This ought to be so as complainant herein had filed a Special Proceedings Sp. Proc. Q-99-38111 before RTC-Quezon City, Branch 81, for the settlement of the Estate of and Partition of the Intestate Estate of Caezar Alzona. As such the Court therein will have to determine who is/are the legal heirs of the deceased, particularly;

1.) whether or not herein complainant as legally married to the deceased, and the legitimate surviving spouse; and 2.) whether or not as a consequence, the four (4) children of complainant to be the legitimate children of the deceased.

In the filing the special proceedings, herein complainant is thus seeking to be judicially declared legitimate wife of the decedent and her four (4) children as legitimate children therefore which appear to be the principal basis upon which complainant anchors her accusation that respondents committed falsehood when the latter alleged in the Deed of Estra-Judicial Partition that they (respondents) are the sle surviving heirs of Caezar. Sans a resolution therefore of the foregoing issues by the intestate Court, the instant complaint is premature. Wherefore, for prematurity of action, it is recommended that the complaint be as it is hereby dismissed.

Quezon City, Philippines, October 10, 2002

EDGAR D. SANTOS Assistant City Prosecutor

RECOMMENDING APPROVAL:

ROGELIO A. VELASCO 2nd Assistant City Prosecutor Chief, Division II

APPROVED:

CLARO A. ARELLANO City Prosecutor

Copy Furnished:

Esperanza C. Valencia c/o AGUSTIN BENITEZ 26th Floor, The Orient Square Emerald Avenue, Ortigas Center, Pasig City

Mary Joseline Marilao and Sanddra Soraya Alzona No. 41 Annapolis St., Cubao, Quezon City