Record of the Senate - Integrated Bar of the Philippines

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56 TUESDAY, MAY 8, 2012Mr. Roy. Rosario.The Presiding Officer. Rosario Basa-Guidote.Mr. Roy. Yes, that is right.Your Honor, you …The Presiding Officer.Ah, Rosario Guidote-Basa.Mr. Roy. If we must go into the probate proceedings, it can be established there that prior tothe death of Rosario, those shares were transferred and eventually ended up with Jose Basa. That isactually what happened. Although the petition itself is—The Presiding Officer. Before the …Mr. Roy. —in the probate court, Your Honor. There is an audit report to that effect.The Presiding Officer.Was that finished—that estate settled prior to the sale?Mr. Roy. No, Your Honor. And, in fact, Mrs. Corona was named as the administratrix in thatprobate proceeding. So, there is an overlap of litigation.The Presiding Officer. Anyway, anyway.Mr. Ginez. Your Honor, can we comment on that because that is very important and that is nottrue, Your Honor.The Presiding Officer. Yes.Mr. Ginez. As of now, until now, Your Honor, the settlement proceedings, the intestate—thetestate proceeding is still pending and it is still the claim of Cristina Corona as the special administratrix,that the shares of stock of Rosario Guidote-Basa is still intact, Your Honor. In fact, we did notpurposely go to the SEC cases because it will clutter the record. But in the two SEC cases involvingthe Basas, Your Honor, Cristina Corona is impugning the transfer of shares of stock from RosarioGuidote-Basa to other shares and eventually it ended to Mr. Jose Maria Basa. And yet, Your Honor,in this execution sale, she reported allegedly as the assistant corporate secretary, that it belongs to JoseMaria Basa. What we would like to point out on record, Your Honor, is that Cristina Corona isassuming inconsistent statements whenever it suits her favor, Your Honor.Mr. Roy. Your Honor, please, it was Mr. Basa who claimed to be the owner of the shares, thatis why they were levied on. If he did not claim them, they would not be levied on. Correct, shechallenged them.The Presiding Officer. Yes, but, Compañero,—Mr. Roy. Yes, Your Honor.The Presiding Officer. —you are a lawyer. I do not have to teach you that assets of an estatebelong to the estate until they are vested by order of the court to the heirs.Mr. Roy. Yes, Your Honor.The Presiding Officer. And the claim of the heir will not matter.Mr. Roy. Your Honor, Mr. Basa did not claim them as inheritance. But he claimed ownershipby acquisition, not inheritance, Your Honor.
TUESDAY, MAY 8, 2012 57The Presiding Officer. Well …Mr. Roy. That was the dispute.The Presiding Officer.All right. Then it was a disputed claim, okay.Mr. Roy. That is right, Your Honor.The Presiding Officer.So that would have been settled in the estate.Anyway, proceed. The Court will take all of these things into consideration.Senator Drilon. Ginoong testigo, uulitin ko. Magkano exactly ang binayad po dito sa4,839 shares? Sarado bang beinte otso mil?Mr. Bisnar. Twenty-eight thousand po, pesos.Senator Drilon. Okay. Ordinarily, hindi po ba sa auction sale, iyong proceeds ng auctionay ibinabayad sa sheriff?Mr. Bisnar. Ordinary po, oho.Senator Drilon. Ordinarily ganoon po ang nangyayari, hindi ba? Hindi ganoon, ganoon iyon.Mr. Bisnar. Ganoon po pero sa case po nito kasi—Senator Drilon. Teka, teka muna. Okay. Pagkatapos na magbayad, na makukuha mo iyongproceeds ng sale, ito po ay dini-deliver mo doon sa whoever is entitled to it. Hindi po ba tama iyon?Mr. Bisnar. Opo.Senator Drilon. Ngayon, hindi ba may sheriff’s fee iyan?Mr. Bisnar. Supposedly meron po. Opo.Senator Drilon. Okay, supposedly mayroon. Magkano ang sheriff’s fee ordinarily in terms ofpercentage?Mr. Bisnar. Hindi ko kabisado iyong sheriff’s fee.Senator Drilon. Ikaw naman, sheriff ka hindi mo kabisado kung magkano ang sheriff’s fee?Ikaw naman.Mr. Bisnar. Honestly po, totoo po iyon, Your Honor.Senator Drilon. Labingpitong taon ka nang sheriff hindi mo alam kung magkano angsheriff’s fee?Mr. Bisnar. Hindi naman po. Sa praktis po namin doon, hindi naman—Senator Drilon. Hindi ko sinasabi iyong hindi legal, iyong legal.Mr. Bisnar. Oo nga po.Senator Drilon. Huh? Hindi mo alam?Mr. Bisnar. Ang kuwan po noon four percent po sa—
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