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By Cherrie
Anne E. Villahermosa
Variety News Staff
THE common-law wife of the
late Immigration Director Charles P. Reyes Sr. has sued his son, the governors
press secretary, in his capacity as the executor of the estate of his
father.
Maria Paz Candado, through attorney Stephen J. Nutting, filed a complaint
and petition for declaratory judgment and damages from common-law marriage
against Charles P. Reyes Jr..
Candado, 37, was the common-law wife of Reyes Sr. for 14 years. She filed
causes of action including a petition for declaratory judgment, for statutory
right as omitted spouse, for breach of express contract, for breach of
implied contract, partnership, unjust enrichment, detrimental reliance
and promissory estoppel, constructive trust, equitable division, gumagachong
(Chamorro custom) and quantum meruit, which is Latin for as much
as she has deserved.
Asked for comment, Reyes Jr. yesterday said: We have Sen. (Pete
P.) Reyes to thank for this. Hes the one who secured the temporary
restraining order. All of this could have been settled amicably. The will
was prepared in 2001 by David Wiseman when he was in private practice.
The will was intentional. There was no neglect. She stayed with him. Apparently,
there was no neglect.
Senate Vice President Reyes, Ind.-Saipan, is Reyes Sr.s brother.
According to Reyes Jr., Candado benefited from life insurance proceeds
and she was to receive $600 monthly from Social Security for her daughter
sired by Reyes Sr.
Under the causes of actions, Candado is seeking a declaratory judgment
that she is the common-law wife and hence legal spouse of the late Charles
P. Reyes Sr.; the award of a share of Reyes Sr.s estate pursuant
to the law; an award of specific performance by distributing to her the
properties and support that she was promised or appropriate money damages;
an interest in the apartment building located on Lot No. 1970 New-17-1
or appropriate damages and compensation for the services she has provided;
remuneration for the value of the contributions she made to the estate
of Reyes Sr. during his lifetime, including but not limited to the
appreciation of his property and business holdings which, but for the
benefits conferred by Candado, would never have been available to the
late Charles P. Reyes. Sr.
Candado is also seeking the distribution of that to which she is
entitled based on the equitable doctrine of detrimental reliance and promisory
estoppel; constructive trust for that to which she is entitled under the
law as an omitted spouse or as the court may deem just and equitable;
for just and equitable division of Charles Reyes Sr.s estate property
that appreciated during their relationship; a proper share in the estate
of Reyes Sr. according to Chamorro custom; an award to which she is entitled
under the principle of quantum meruit.
Candado further seeks the cost of suit and for further relief as the court
deems just and proper.
Candado and Reyes Sr.s daughter is now 11 years old.
Candado and Reyes Sr. began dating in April 1992. They lived in the house
in Chalan Laulau for 14 years until Reyes Sr. died on Sept. 15, 2006.
Candados complaint stated that throughout their relationship, Reyes
Sr. told the plaintiff that they were husband and wife and there
was no need to undergo a formal marriage ceremony.
She accepted the arrangement against the best wishes of her family
and provided the late Reyes with love and affection and acted to maintain
their home, raise their child and provide him with the domestic services
a wife and mother ordinarily provides including but not limited to cooking,
cleaning, laundry, managing their finances and other daily chores.
The complaint stated that Candado also worked outside the home, contributing
additional revenue to the family coffers and increasing what she believed
was their jointly shared estate.
She likewise served as the unpaid superintendent and manager for Reyes
Sr.s apartments.
According to her complaint, the couple began making plans to formalize
their relationship in mid-2006 and planned to marry in Las Vegas but before
these plans were set, Reyes Sr. was diagnosed with colon cancer.
He died roughly a month after he was first diagnosed with the illness.
Candado stood by Reyes Sr. in the last pain-ridden days of his life.
Reyes Sr. repeatedly expressed his gratitude to Candado for all
she had done and assured her that she and their daughter were taken care
of.
The complaint stated that Reyes Sr. promised Candado specific returns
for the sacrifices she was making such as he would buy her a condominium
near her family in the Philippines, a new house on Saipan and a place
in Oregon.
Reyes Sr. left a last will and testament on Feb. 22, 2001. The will makes
no provision for Candados support or any distribution to Candado
of any of the assets that Reyes Sr. and Candado acquired, built or improved
upon during their time together.
The complaint stated that Candados contributions to Reyes Sr.s
life and business prevented her from seeking for herself an independent
status outside of her family life and she is unable at this time to undertake
a new life and career without being granted a fair share of Reyes Sr.s
estate.
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