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By Cherrie
Anne E. Villahermosa
Variety News Staff
THE Superior Court has denied
the request of a businessman to be reimbursed for the money he spent for
the funeral of his brother who died in 2005.
Associate Judge Juan T. Lizama denied the request of Juan Camacho for
the reimbursement of $9,911.65 that he spent for the funeral expenses
of Vicente Cabrera Camacho.
Vicente C. Camacho was the former owner of Summer Holiday Hotel which
is now managed by Juan Camacho.
He wants the estate of Vicente Camacho to pay him back the $9,911.65.
The request was filed in court in September last year and a preliminary
hearing was held on Nov. 7, 2006.
Lizama said Juan Camachos claim is not the typical subject of post-funeral
squabbles.
The judge said there has been no objection to the nature of expenditures
incurred, nor is there a dispute as to who should receive the chenchules
the donations made to the family members under Chamorro custom
for defraying funeral expenses.
Lizama said Juan Camacho has already taken the chenchules which amounted
to some $11,000 in cash and checks made out mostly to cash.
According to the judge, the dispute is whether Juan Camacho is entitled
to reimbursement of his expenditures on the grounds that he has been saving
the chenchules to return to various donors at their funerals.
Juan Camacho reported that he has already spent some $3,000 in this manner
and will continue to save the remainder of chenchules for eventual return
to other donors.
Juan Camacho suggested that his actions were in accord with Chamorro custom.
But Lizama said no one presented expert testimony on the Chamorro custom
of chenchule.
He said chenchule are placed in a box in the church during the time of
the funeral. They belong not to the estate of the deceased, but are accepted
by the deceaseds relatives to defray funeral expenses, the judge
said.
He added that the chenchules that Juan Camacho took for the expenses he
incurred are rightfully his.
He was also entitled to take custody of the remaining chenchules provided
that he had the consent of the other relatives, Lizama said.
He added that once Juan Camacho received the chenchules, he was more than
compensated.
When he decided to give away $3,000, he gave away his own money, Lizama
said. The $3,000 was not a funeral expenditure to be covered by the chenchules,
he added.
Lizama said the chenchule is not collateral to be given at one funeral
and returned at another. One chenchule has nothing to do with another
rather it is given out of the goodness of ones heart.
Lizama said Juan Camacho has 30 days to produce expert testimony to the
contrary.
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