In Loving Memory of Our Beloved Parents and Brother
The Castillo Family
EMBEZZLEMENT
In early part of January 2011, the eldest of the “Heirs of Bernabe Castillo and Generosa Galang Castillo,” our sister, Evelyn went on vacation to the Philippines to visit our beloved mother and the grave of our beloved father. When she visited our beloved mother, Mama was crying out loud to her, “What happened to the funds of my bank account in the states.” Evelyn was bewildered because she was not even aware of the existence of any bank account in the USA under our mother’s or parents’ name and the fact that she was never ever even entrusted to manage said bank account or any bank account or money that our Mama or parents have in the USA or Philippines. It was revealed that the principal was $100,000.00 and in 1985, before returning back home to the Philippines, Mama invested it all in Certificate of Deposits (CDs) with a 5 year term. Renewal of the 5 year term is automatic if CDs are not withdrawn. Mama was reprimanded by the “Heir in Manila,” in the presence of Evelyn, for revealing the existence of said bank account. But why the “Heir in Manila” denied the existence of said bank account in the USA to Evelyn in the first place then reprimanded Mama for revealing its existence to her? Why make Evelyn worry with such matters? Why ruin her vacation? She's here only to have fun after all! She was assured by "Heir in Manila" not to worry about the revelation. Last September 2022, all the “Heirs of Bernabe Castillo and Generosa Galang Castillo” residing in the USA, together with two of the “Heirs“ children, gathered to attend the Vigil and Liturgy services for our late beloved brother, Severino Galang Castillo. After the services, we all proceeded to a restaurant to reminiscent the life of our beloved brother. A proposal popped out in the open by the “Heir Going Home,” who was planning on retiring and going back home to the Philippines, “Dahil sa edad ni Mama, sang ayon ba kayo na pag-uwi ko idedeklara natin na si Mama ay mentally incapacitated.” To which I replied, “If Mama is proven medically to be mentally incapacitated we have no choice. But “ALL” the “Heirs” will be her administrators, not one or two but ALL.” The “Heir Entrusted” suggested majority rule to make it easier for all. And I insisted for unanimous decision on all matters, as has always been the legally accepted procedure in the Philippines concerning family property. There was silence. Then, Evelyn popped the question of who was entrusted with the bank account of Mama in the USA and why was Mama complaining about the amount of funds left in the account. After all these years, Evelyn kept that encounter with Mama to herself, not knowing who to trust among the “Heirs” in the USA. In a high tone, I asked Evelyn, “Bakit hindi mo tanungin ang lahat ngayon din?” To my surprise the rest of the “Heirs” in the USA unknowingly turned their faces to “Heir Entrusted.” And I blasted the question to “Heir Entrusted,” “Magkano ang natitira?” The “Heir Entrusted” was completely caught by surprise and revealed, “$48,000.00 na lang.” "Kasi nanaginip ako na ako ay mababankrupt. Tapos nagkataon na nanaginip din si Mama na ako ay mababankrupt. Kaya bila nalang ako binigyan ni Mama ng $40,000.00.” Then I asked, “Anong nangyari sa iba?” To which the “Heir Entrusted” replied, “Yung “Heir sa Manila” humihingi ng pera panggastos daw kaya pinadadalahan ko ano mang hingiin nya.” “Hindi nyo alam kung gaano kahirap ang maging tagahawak ng pera ni Mama?” This entire conversation happened in the presence of all “Heirs” in the USA. The reasoning sounded absurd, but the last portion - "kahirap ang maging tagahawak" - was very much revealing. Was "Heir in Manila" informed by Mama about her bank account in the USA and that funds are missing? Was "Heir in Manila" blackmailing "Heir Entrusted" by asking for money or else that "absurd" alleged gift from Mama to avert bankruptcy would be revealed to all? Apparently, "Heir in Manila" discovered that "Heir Entrusted" was siphoning Mama's bank account. Instead of correcting the mistake, "Why not join in the loot?" Was this the reason why "Heir in Manila" tried hard to convince Evelyn that the bank account of Mama in USA does not exist? Based on the timeline of events below, we suspect the alleged embezzlement occurred just right after the death of our beloved father. The CDs at the end of 2010 is worth approximately $513,000.00. Out of that estimate only $48,000.00 is left. The following day all "Heirs" in USA met again. "Heir Going Home" presented to all what property "they" decided to give to each of the "Heirs." There was no prior consultation, conversation or agreement as to how properties were to be divided among all the "Heirs." It was like - Be happy you got something! or You better take it or you get nothing! - situation. I said to "Heir Going Home," "Ibebenta lahat at hahatiin equally sa lahat para walang sumbatan." "Kung may gusto isang property kailangan bilihin sa asking price." Then I asked about Mama's bank account that was entrusted to "Heir Entrusted." "Heir Entrusted" replied, “Kung gusto nyo isa sa inyo samahan ako maging tagahawak ng pera ni Mama.” To which I replied, “Oo ako sasama maging tagahawak ng pera ni Mama.” Evelyn and I spent close to $6,000.00 for the services of our beloved brother, Severino Galang Castillo. It was originally agreed that "Heir Going Home" would take back home Severino's ashes for him to rest in peace at the side of our beloved father. But international travel restrictions due to pandemic prevent that. We asked "Heir Entrusted" to withdraw $5,000.00 from Mama's bank account in the USA for the columbarium and Committal of our beloved brother. There was no ifs or buts. "Heir Entrusted" complied without a complaint. Evelyn and I were so glad of the compliance, but that compliance confirms the existence of Mama's bank account in the USA and the connection with "Heir in Manila." "Heir Entrusted" had to confer with and got the approval of "Heir in Manila" and not from any other "Heirs." "Heir Entrusted" suggested a funeral home to us that charges the least amount for the services of our beloved brother, which was just over $1,000.00. I said no way would I allow that funeral home to even get close to my beloved brother. Evelyn and I hired the services of a funeral home that included all that we could ever think of, including arrangement for international transport. At the funeral home, "Heir Entrusted" was mumbling "Bakit hindi na lang ibudbud sa damo ng kanyang bahay?" "O kahit saan dyan." "Gagastusan pa ng malaki." I kept my silence but Evelyn tried to reason out, but in vain. I asked who would like to share any amount with me for the expenses. Evelyn voluntereed and not even a penny from "Heir Entrusted." This was a case of "It is so easy to spend some one else's money but not a penny if it comes out of your own pocket." Days later, Evelyn, I and the “Heir Entrusted” met. We were handed the check and surprisingly, with a smile. I invited the “Heir Entrusted” for us to proceed to the bank of Mama and sign me up as one of the “Heirs” to manage the bank account of Mama, as previously agreed on. The “Heir Entrusted” suddenly turned hostile and in loud voice said, “Hindi, hindi, hindi sa inyo pinagkatiwala ni Mama ang pera. Sa akin lang. Anong ang gusto mo? Oo gusto mo E-trace mo ano kung ano ang nangyayari sa pera ni Mama? Hindi, hindi pwede!” I turned around and noticed the hostility has attracted the public’s attention and were all looking at us. I told Evelyn it is of no use and for us to leave. Evelyn decided to stay, but it was a mistake for the hostility turned on her. “Putang _ _ _ mo! Putang _ _ _ ninyong lahat! Sana parusahan kayo ng _ _ _ _ _.” Sana _ _ _ _ _ _ _ _ _ _ _.” Evelyn was subjected to endless swears and wishes of bad things to happen to her. The following day I received a phone call from “Heir Going Home” and the first words were, “Putang _ _ _ mo!” I dropped the call and blocked the number. The assigned messenger,"Heir Messenger" in USA called blaming me for the whole thing. I blocked that number as well. I asked myself repeatedly if all the other “Heirs” in the USA were involved in the scheme. And who else is involved? Days later, Evelyn received videos from the “Heir in Manila” of our beloved mother, showing that she is mentality capable. Why all of a sudden for these videos? What was the purpose of it all? The day came for the Committal of our beloved brother, Severino Galang Castillo, only Evelyn and I were in attendance. The other “Heirs” in the USA were not. Our beloved mother suffered from broken hip bone. We were informed by “Heir in Manila” that Mama accidentally fell. But in 2016, Evelyn went back to Manila and again our Mama confided to her that she was pushed. The “Heir in Manila” again changed what was originally said to us about the incident. It was not an accident. Mama was pushed. I learned the truth of what actually happened to Mama last September 2022, around the time our beloved brother passed away. Evelyn and I had a talk and mentioned that the alleged accident of Mama was not an accident. As previously mentoned above, Evelyn kept a lot to herself, not knowing who to trust among the “Heirs” in the USA. I communicated with "Heir Manila" why the offender was not reported to authorities. The "Heir in Manila" relied, "I just learned about it too." That incident happened in 2011 or 2012 and only in 2022 that "Heir in Manila" found out that Mama was actually pushed. But Evelyn confronted "Heir in Manila" in 2016 when Mama confided to her she was pushed. The "Heir in Manila" was getting ₱4,000.00 per day allowance, plus the use of Mama's van and driver, for the whole day, in any way whatsoever did not bother to ask the witnesses or not concerned at all to what was happened to Mama? Yes, there were two witnesses to the incident: the head carpenter of Mama, who was fired for knowing too much detail of what happened; and "C_ _ _ _n" who has probably been fired or will be fired for knowing too much details. Why was the incident not reported to authorities? After so many years of claiming it was an accident, "Heir in Manila" said "I just learned about it too" in September 2022, that Mama was pushed. Our beloved Mama passed away in November 19, 2022. And our beloved brother passed away September 25, 2022. Evelyn and I don’t know what was happening to our beloved mother in the Philippines after the passing of our beloved father in 2010. We are not accusing anyone of doing anything inappropriate, but just wanting an answer to it. But it is very apparent that Evelyn and I are facing opposition not from just one or two of the "Heirs." Before our meeting at the restaurant, we were already asked not to be part of the LEGITIME. That we both should forego our birth right to the LEGITIME. That both of us are doing financially well in life. Not even one of the other "Heirs" opposed or at least sided with us. At the meeting, there was already a consensus among them that "Majority Rule" should prevail in any decision about the LEGITIME. Apparently, a coalition of the 'Majority" was formed long before. In the next day meeting, we were presented with what I and Evelyn would get with no prior consultation. Who decided on what we will get? The "Majority?" It was like being a stranger and not at all a part of it. Felt like we were outsiders and have no say about anything. And when the bank account of Mama in the USA was revealed, "Heir Going Home," who is retiring to the Philippines at the age of 57, offered to pay off the $40,000.00 that was allegedly given by Mama to "Heir Entrusted." Was it offered inorder for us not to go any deeper into to what happened to Mama's bank account and not to discover its actual value? And where did that money come from? Again, was that also the reason why "Heir in Manila" tried hard to erase in the mind of Evelyn about that bank account existence? It was roughly about two years after the death of our beloved father that a property was sold without our consent. How did that happen? Then, there is the lease contracts of all the Cabanatuan properties were placed in the name of one "Heir," "Heir in Manila" as the new OWNER and not "Heirs of Bernabe Castillo and Generosa Galang Castillo" as addressed by the Supreme Court of the Philippines in its recent decision concerning the Payatas properties. Everything seems to have been planned well ahead of time by the "Majority." Not even a hint of whats going on but just messages relayed to the assigned messenger, "Heir Messenger" to stop publishing what has been going on. Again, I apologize to my beloved father for not yielding to his request for me to come back home and to manage everything. I could still see my beloved father in tears when I visited him at the hospital in 2006 when he suffered from stroke. I made a promise to Papa and apparently waiting for me to take the steps. I fully intend to keep that promise and be proud when I see Papa again. We wish no misfortune or ill things for our siblings. We just want justice for Papa and Mama. Justice may not come as fast as one wants, but it comes at a time least expected and when it hurts the most. May God have mercy on us all and may God give us justice. I LOVE YOU PAPA and MAMA!
In 1985, Mama was a strong woman, physically and mentally. According to Mama, the amount of her bank account in the USA was $100,000 and she invested it all in 5 year term CDs before going back home to the Philippines. The CDs automatically renews every 5 years if not withdrawn. She entrusted her bank account to “Heir Entrusted” in the USA. In 2010, our beloved father passed away. Mama, in the videos of our beloved father’s funeral, was still physically and mentally strong for her age. The CDs were scheduled to renew its 5 year term on this same year. In early 2011, Evelyn went to the Philippines and the existence of the CDs was revealed to her by Mama. We are speculating that the CDs were withdrawn, without the permission of Mama, on or days after the death of our beloved father on November 28, 2010. The time our beloved mother was going through bereavement, a vulnerable time for anyone. If that was the case, the $100,000 investment of Mama from January 1985 to the end of December 2010 would have a total value of $ 513,206.03. That amount was computed based on interest rate at time of investment and at each time of renewal. This computation by a paralegal confirms that the value is over the threshold to accept the case on contingency. It will be computed again based on actual interest rate agreement with the bank. And interest will continue to accrue and the final total will be based on the day the case is decided on. But there is a possibility that Illinois court might refer this case to Illinois Attorney General’s Office and will be assigned to a state prosecutor due to the amount involved. It will then be a criminal case, not a civil case. According to Illinois 720 ILCS 5/16-1(b) (5): If the property was valued at more than $500,000, but less than $1,000,000, it will be considered a Class 1 non-probationable felony, punishable by four to 15 years in prison and a $25,000 fine. However, if the money was confirmed illegally acquired through embezzlement and was transferred out of Illinois or internationally, the prosecutor is required, under the Money Laundering Control Act (MLCA) of 1986 (18 U.S.C. section 1956), to ask the Federal Bureau of Investigation (FBI) to investigate the case for possible money laundering through the use of wire transfer. If the investigation confirms money laundering was committed, the case will transfer to federal court. Per international agreement on money laundering, the FBI then refers the case to the law enforcement of the country where the recipient of the wire transfer resides. In case of the Philippines, the National Bureau of Investigation (NBI) will have the jurisdiction to investigate the case and refer its findings to the Regional Trial Court for filing the money laundering charges against the recipient. The expression “follow the money” means follow the transaction history. The laws require banks and wire transfers, like remittance companies, to keep records. These records can’t be altered or fabricated. Our beloved parents have 3 more bank accounts, all in the Philippines. One of which is in US currency. No financial statements provided to me or Evelyn. But the outcome of investigation here in USA will open the records of those bank accounts. NoTE: Court calculates interest from time of deposit to time of judgement, not time of illegal withdrawal. Non-payment of judgement carries a daily interest fine set by the court.
Heirs of Bernabe Castillo and Generosa Galang Castillo:
Evelyn G Bautista
Praxedes C Lim
Bernabe G Castillo Jr
Eulogio G Castillo
Herminia C Pauig
Elizabeth M Castillo (spouse of our late brother, Severino G Castillo)
Danilo G Castillo
Emmanuel G Castillo
Jose G Castillo