Jamby gets share of aunt estate

MANILA, Philippines – Sen. Jamby Madrigal will get an inheritance from her late aunt, the billionaire Consuelo “Chito” Madrigal, after all.

Last July 2, Makati Regional Trial Court Judge Oscar Pimentel ruled that the senator and other legal heirs of the deceased not mentioned in her will can inherit from her by operation of law.

“Thus, under our law, if the testator makes a will which does not dispose of all property, the result is what is known as ‘mixed succession’,” read the decision, quoting Jurado, “Comments and Jurisprudence on Succession.”

“The succession partakes of the nature of both testamentary and legal succession. Hence, in the distribution of the hereditary estate of the testator after his death, testamentary succession shall take place with respect to that part of his property which he has disposed of in his will, while legal succession shall take place with respect to that part which he has disposed of.”

The court said the disposition of Chito Madrigal’s properties under her will is limited to the P26,134,137.23 mentioned in that document.

“As to the possibility of any and all other properties being hereafter discovered and/or added to the estate of the decedent, the same shall be settled intestate pursuant to article 780 of the Civil Code which allows ‘mixed succession’ defined as that ‘effected partly by will and partly by operation of law.’”

The court said the authority given to lawyers Perry Pe and Aurelio Montinola III to administer and dispose of Chito’s properties is limited to those expressly stated in her will and the extent of P26,134,137.23.

“All of the properties of the decedent not included in her will and those whose value is over and above the amount of P26,134,137.23 shall be covered by the rules of legal succession,” read the decision.

“No property of the decedent Consuelo P. Madrigal shall be disposed of without prior approval of this court.”

Ernesto Francisco Jr., Senator Madrigal’s lawyer, said his client, as a niece of the deceased, is a legal heir and is therefore going to have her share of her late aunt’s estate.

The properties declared in Chito’s will actually exceed P26 million because these include two properties in Forbes Park, Makati believed to be worth P200 million each.

“That’s not mentioning bank deposits local and abroad,” he told The STAR.

“There are so many properties. We have a long list of companies where the deceased has substantial shares which she practically owned.”

Although the P26 million is but a small portion of Chito’s estate, they will continue to question the authenticity of her will through a separate petition for annulment of judgment, Francisco said.

The court did not rule on Senator Madrigal’s motion questioning the authenticity of the will.

“Settled is the rule that the decree of probate is conclusive with respect to the due execution of the will and it cannot be impugned on any of the grounds authorized by law, except that of fraud, in any separate or independent action or proceeding,” read the decision.