Jamby wins battle over inheritance

By Mike Frialde (The Philippine Star) Updated March 14, 2009 12:00 AM Comments (12)

MANILA, Philippines - The Makati City Regional Trial Court (RTC) has ruled that Sen. Jamby Madrigal is a valid heir to the estate of her billionaire-aunt Consuelo Chito Madrigal. In his Feb. 12, 2009 order, Makati RTC Branch 148 Judge Oscar Pimentel ruled that Senator Madrigal has the legal personality to participate in the probate proceedings of her aunts last will and testament, being a valid heir to the estate. Pimentel also ruled with finality the courts July 2, 2008 order that the properties of the late Consuelo Madrigal which were not covered by her last will and testament will be covered by the rules on legal succession. The court, in its July 2, 2008 decision ruled that no property of the late Consuelo Madrigal shall be disposed of without approval from the court. Earlier, Sen. Madrigal, through her counsel Ernesto Francisco Jr., asked the Makati RTC to order the settlement of the estate and other properties that have a probable value of several billion pesos. Francisco said that Madrigal, as a niece and one of the intestate heirs, has legal interest to take charge of her aunts properties outside the will. Included in the estate that the lawmaker wanted to be settled are shares in 18 corporations including Aquatic Food Center, Inc.; Ceus Realty Corp.; Chela Realty Corp.; Chine Realty Corp.; Chirpy Realty Corp.; and C. Hito Realty Corp. Some of these corporations, Francisco said, were realty companies owning sizable properties, including two parcels of land at Forbes Park, Makati City; four office condominium units in Makati City; two houses and lots in Ayala Alabang; two condominium units at the Pinnacle Condominium in Mandaluyong City; one condominium unit at Two Salcedo Place condominium in Makati City; and two condominium units at Three Salcedo Place condominium also in Makati. He said his client also wanted the court to settle her late aunts bank deposits and trust accounts in foreign and Philippine banks. Chito Madrigal died March 24 last year at the age of 87. I am pleased by the recent decision of the Regional Trial Court of Makati City, affirming its earlier decision on mixed succession in the estate of my late aunt Doa Chito Madrigal and that I am legal heir. The order is already final and executory, Sen. Madrigal said in a press conference.

Francisco added that the courts decision is a vindication of his clients position that the estate of her late aunt should be divided among the legal heirs. Madrigal also made an appeal to her relatives to respect the courts decision. She also asked all the banks and the other financial institutions to take notice of the courts order and make no disposition of her late aunts estate without prior order of the court. I shall oppose and exercise all legal remedies to ensure that my late aunts estate will not be vandalized, she said. - With Christina Mendez Madrigal to continue inheritance fight By DJ Yap Philippine Daily Inquirer Posted date: October 01, 2008 MANILA, PhilippinesThe camp of Senator Maria Ana Consuelo "Jamby" Madrigal will continue to insist on her right as an heir to the fortune of her late aunt Consuelo "Chito" Madrigal-Collantes, disputing claims to the contrary by the executors of Collantes' will. "The status of ... Senator Madrigal as an 'heir' is not by virtue of her mere self-declaration or selfproclamation, but rather, by operation of law," her lawyer Ernesto Francisco told the Makati Regional Trial court hearing the dispute. "Thus, it cannot be gainsaid that heir Senator Madrigal's claim is 'baseless' or even 'presumptuous,'" he added, in response to a move by Collantes' executors to expunge from the records the documents Francisco submitted identifying properties he said his client was entitled to. In a 13-page opposition to the motion filed by the executors, Francisco argued for Madrigals legal claim to Collantes' estate even though she was not named as a beneficiary in the will, the authenticity of which she had also questioned. "In this regard, heir Senator Madrigal is an intestate heir of the deceased Doa Consuelo P. Madrigal-Collantes," Francisco said in his opposition dated September 24, adding: "More particularly, heir Senator Madrigal is a niece of the deceased Doa Consuelo P. MadrigalCollantes, being one of the three children of the said deceased's brother, the deceased Antonio P. Madrigal." The childless Collantes died in her Makati residence on March 24, 2008. In her disputed will, she left her estate to her widower, Manuel, a former foreign affairs minister, nieces Ma. Susana Madrigal and Gizela Gonzalez-Montinola, and grandnephew Vicente Gustav Warns.

Collantes, who is believed to have left a multibillion-peso fortune in real estate, construction, banking, transportation and other industries, left nothing for Madrigal, who then sought to have the will invalidated. In a July 2 order, Judge Oscar Pimentel of the Makati Regional Trial Court Branch 148 authorized the distribution of Collantes' assets to the beneficiaries in the will but limited it to the P26 million worth of properties itemized in the will. He then ordered the rest of Collantes' properties not covered in the will (essentially the bulk of her estate) to be divided according to the rules on legal succession. The executors, Perry Pe and Aurelio Montinola III, later challenged the P26 million cap set by the judge, a legal issue that remains pending in court. Madrigal, on the other hand, declared Pimentel's order a victory on her part, and interpreted it to mean that she would be entitled to part of Collantes' estate not covered by the will. The lawyer said Madrigal should legally inherit according to the rules on legal succession, and in keeping with Pimentel's order. After the July order, Francisco began submitting manifestations to the court identifying Collantes' properties not itemized in the will, including real estate properties here and abroad, shareholdings in several corporations, art pieces, jewelry and even a helicopter. The executors objected and sought to have the documents expunged from the records, arguing that Madrigal and Francisco were not parties to the case. They noted that Francisco's motion to intervene in the case had not been granted and insisted that his client was not a legal successor. "(Madrigal) is not an heir. In the manifestation, as well as in the earlier pleadings he filed, Francisco stubbornly and presumptuously refers to his client as an heir. Not surprisingly, his claim has no leg to stand on," they said in the September 23 motion. The also maintained that Collantes intended to dispose of "100 percent" of her estate to her named beneficiaries, as indicated in a portion of the will leaving her "residuary estate" to her two nieces and grandnephew. Madrigal inheritance case continues By Julie M. Aurelio Philippine Daily Inquirer First Posted 19:28:00 10/04/2008 Filed Under: Laws, Justice & Rights

MANILA, Philippines -- Senator Ana Consuelo Jamby Madrigal has questioned a motion filed by the executors of the will of her late aunt, Consuelo Madrigal-Collantes, seeking the removal of a P26 million cap on the distribution of the contested estate. In a 26-page response, Madrigals lawyer, Ernesto Francisco Jr., asked the court to deny the motion filed by executors Aurelio Montinola III and Perry Pe which sought to clarify the limit that had earlier been set by the court. "It was highly improper for the executors to ask the court to allow them to dispose of the estate above the value of P26,134,137.23, without notifying all legal heirs who will be adversely affected if the said 'motion' is granted, Francisco said. Madrigals aunt, Chito Madrigal-Collantes, died childless on March 24 but did not name the senator among her intended heirs. In her will, she left her estate to her widower, Manuel, a former foreign affairs minister, nieces Ma. Susana Madrigal and Gizela Gonzalez-Montinola, and grandnephew Vicente Gustav Warns. Madrigal has since fought to have the will invalidated. In a July 2 order, Judge Oscar Pimentel limited the distribution of the estate to the intended beneficiaries to the P26 million worth of properties specifically listed in the will. The judge then ruled that the rest of the late matriarchs properties would be divided according to the rules on legal succession. Madrigals lawyer said this would put the senator in the succession line. But the executors contest this interpretation. Francisco said the order is already final and executory since none of the heirs questioned it. "Hence, the order can no longer be changed or modified, Francisco said. Francisco questioned the executors contention that the late Madrigal-Collantes had clearly disposed of her entire estate, consisting of real and personal properties enumerated in the will (worth P62 million) as well as her "residuary estate." A residuary estate is defined as the remaining properties after debts and expenses of the administration have been paid. Senator Madrigal vehemently interposes her objection," the lawyer said. Madrigal has already begun filing manifestations identifying properties not specified in her late aunts will, including real estate properties here and abroad, shareholdings in several corporations, art pieces, jewelry, and even a helicopter.