THE original children of the late Fil-Chinese tycoon, Mariano Nocom Sr., is calling on their alleged ‘half-brother’ to undertake a ‘DNA test’ to settle, once and for all, who among them are the legitimate and rightful heirs and administrators of the businesses left behind by their father and if indeed they are all biological brothers and sisters from the same father.
The camp of Mariano Torres Nocom, Jr., issued this challenge after their alleged half-brother, Albert Ong/Ongpe Nocom, continues to ignore their call but has instead relied on the decision of a court in Manila last February 2020, which, instead of allowing for the DNA test, ruled instead to grant the motion for summary judgement that Albert filed in his favor.
The presiding judge at the time, Hon. Daniel C. Villanueva of Branch 49, Manila RTC, is now the subject of a complaint by Mariano Jr.’s camp before the Supreme Court’s Office of the Court Administrator (SC-OCA) and before the Ombudsman, for “gross ignorance of the law,” “abuse of power” and violation of RA 3019 or the ‘Anti-Graft and Corrupt Practices Act.’
Copies of the cases showed that Villanueva was sued before the SC-OCA last June 18, 2020 and before the OMB on June 22, 2020.
Among the allegations is that Villanueva ruled in favor of Albert despite already being retired from the service and ignoring the pending petitions at his sala filed by Mariano Jr.’s camp, including a motion for his inhibition from the case.
Villanueva retired from the bench on February 23, 2020 while his decision favoring Albert was submitted to the branch clerk of court the next day, February 24, 2020.
The legal battle among the Nocoms ensued after Mariano Jr., in a bid to settle the family’s accounts, including the legal control of Salem Investment Corporation, their family’s flagship company, filed a court petition after the death of their father on February 10, 2019.
In his petition filed last November 7, 2019, Mariano Jr., asked for the correction of the details of the birth certificate of Albert that named his father as Mariano Nocom Sr. and his purported mother as Anacoreta Lim Ongpe.
Insofar as the family is concerned, Albert was just “adopted” (“ampon”) into the family by their father.
However, this was immediately opposed by Albert’s camp who also alleged he has as much right to run the businesses left behind by Mariano Sr., as he is also a ‘legitimate child’ although from another woman, Anacoreta.
In his defense, Albert claim that even before he was born on October 12, 1973, purportedly the third and youngest child of Mariano Sr. and Anacoreta, Mariano Sr., even legitimized his relationship with Albert’s supposed mother by marrying her in 1958.
Albert also claimed that while Mariano Sr. and Isabel Torres, the mother of Mariano Jr. and his two other brothers, Marcelino and Manolito, where living together as husband and wife since the Japanese occupation of the Philippines (World War 2), Mariano Sr. never married Isabel.
Aside from suing Villanueva before the OMB and the SC-OCA, over the former’s alleged biased decision, Mariano Jr., had filed a separate petition before the Pasay City Regional Trial Court also calling for all of them involved in the case to submit to a DNA test. The complaints have been elevated before the Court of Appeals.
“What is so hard or why is he (Albert) fearful of taking the DNA test?’ If indeed, he (Albert) is a biological son of our father as he claimed, then the issue is settled.
“But why is he so hesitant about it that he has resorted to using our legal system to evade and obfuscate the issue, which, for us, is very simple: Is he our biological brother or is he not,” Mariano said.