SUPERIOR Court Associate Judge Joseph N. Camacho has denied former Rep. Alicia Santos Igitol’s $162, 521 claim against the estate of Leo Sablan Pangelinan.
The judge said he denied the claim for three reasons: (1) Igitol missed the 60-day deadline, (2) contract cases have a six-year statute of limitations, and (3) laches or undue delay in asserting a legal right or privilege.
Igitol’s 25-year-old claim was based on a 1995 promissory noted.
Victorino Nekai Igitol died intestate on June 17, 2014 on Saipan. Alicia Santos Igitol, his wife, was appointed administratrix of his estate on Nov. 30, 2017 in the Estate of Victorino Nekai Igitol, Civil Case No. 17- 0259.
Three years later, Leo Sablan Pangelinan died intestate on Dec. 16, 2017 at Manila Doctor’s Hospital in Manila, the Philippines.
Vic Igitol and Leo Pangelinan were longtime friends.
On Aug. 25, 2019, Alice Igitol submitted an Inventory of the Estate of Vic Igitol that included a 1995 promissory note for $15,000, to be paid by Leo Pangelinan to Vic Igitol.
On Feb, 27, 2020, Dominic Thomas Pangelinan, the son of Leo Pangelinan, petitioned for the probate of his late father’s estate.
On March 4, 2020, a Notice of Hearing on Petition for Letters of Administration and Notice to Creditors regarding the Estate of Leo Sablan Pangelinan was published in Marianas Variety.
On June 20, 2020, Dominic Pangelinan was appointed administrator of the Estate of Leo Pangelinan.
On Aug.. 25, 2020, Alice Igitol presented a letter to the Estate of Leo Pangelinan as a creditor claim in the amount of $162,521 by the Estate of Vic Igitol, Civil Case No. 17-0259, against the Estate of Leo Pangelinan, Civil Case No. 20-0087.
Alice Igitol’s letter was received by attorney Janet H. King’s office on Aug. 28, 2020. King represents the Estate of Leo Pangelinan.
Mrs. Igitol’s letter referenced a promissory note executed by Leo Pangelinan, which was recorded as File No. 95-245 in the Commonwealth Recorder’s Office.
The promissory note was signed by Leo Pangelinan on Jan. 25, 1995, on Saipan before a notary, and further witnessed by Mrs. Igitol herself, signing as “Alice S. Igitol.”
The promissory note stated that the principal amount of $15,000 “shall be due within six months…upon execution of this promissory note.” In the event of default, the promissory note provides that an interest rate of 10% shall be applied to any late payment until the full amount was paid. The promissory note was secured by real estate located in Agag Springs, Saipan, described as a portion of a lot amounting to 1,000 square meters.
The promissory note was prepared by Mrs. Igitol, but the loan document was written in such a way that only Vic Igitol had the benefit of the repayment of the loan, Judge Camacho stated in his order.
The judge said Vic Igitol or his family never occupied or took possession of the portion of the lot reference in the promissory note.
On Nov. 13, 2020, the Estate of Leo Pangelinan responded to the Estate of Vic Igitol’s letter by email, denying the claim directly and noting that the claim exceeded the Limitation of Presentation of Claims pursuant to 8 CMC Section 2924 because (a) it was made more than 60 days after the publication and (b) because 25 years had passed since the signing of the promissory note, which had a six-month payment term, and thus the applicable statute of limitations had been greatly exceeded.
On Nov. 27, 2020, the Estate of Vic Igitol issued a letter in response, challenging the denial of the claim.
On Dec. 2, 2020, the estate filed the Nov. 27, 2020 letter and the response by Estate of Leo Pangelinan as a claim upon the Estate of Leo Pangelinan.
The court then set the matter for an evidentiary hearing.
On Jan. 5, 2021, the Estate of Vic Igitol filed its opposition to the rejection of the claim.
On Jan. 11, 2021, the Estate of Leo Pangelinan filed its denial of the Estate of Vic Igitol’s claim.
At a Feb. 4, 2021 evidentiary hearing, Alice Igitol, who represented herself, testified that at the time the promissory note was signed, she and her husband, Vic Igitol, resided in the state of Washington.
While visiting Saipan for a family funeral, she was instructed by her husband to meet with Leo Pangelinan.
At the time, Vic Igitol was still in Washington. The Igitols were residents of the state from 1995 until early 2001, when they moved back to Saipan.
Dominic Pangelinan testified that his father, Leo Pangelinan, had been in federal prison from 2000 to 2010. Leo Pangelinan was released from federal prison on April 19, 2010, and arrived on Saipan on April 21, 2010, after which he continued to live on Saipan until his death during a trip to the Philippines in 2017.
Judge Camacho found that the testimony of Alice Igitol and Dominic Pangelinan revealed that neither had knowledge of what transpired between Vic Igitol and Leo Pangelinan in the years after the signing of the promissory note, including the years when both were residing on Saipan.
Prior to the signing of the promissory note, Vic Igitol had come into a large amount of money from a real estate deal, the judge said.
“There is no credible evidence that Vic Igitol had made any attempts to collect on the promissory note, or had already collected partially or the entire amount, bartered or received something in kind in exchanged for, waived, or forgave, or abandoned his claim on the loan,” the judge added.
“The only two individuals who have actual knowledge of whether Vic Igitol and Leo Pangelinan have already completed repayment, reached an alternate agreement, or settled the matter in some other way, are deceased.”
The fact that both Vic Igitol and Leo Pangelinan are deceased and unable to testify raises the issue of evidentiary prejudice, and questions of fairness and equity, the judge said.
