'Jamby not an heir'

MANILA, Philippines - Sen. Maria Ana Consuelo “Jamby” Madrigal was not identified as an heir to the estate of her billionaire-aunt Consuelo “Chito” Madrigal, according to lawyer Perry Pe, one of two executors of the will.

“The will never mentioned Senator Madrigal as an heir. She is not even entitled to be notified of any proceeding because she is not an heir,” Pe told reporters at a press conference in Makati City yesterday.

In his Feb. 12, 2009 order, Makati Regional Trial Court Branch 148 Judge Oscar Pimentel ruled that Madrigal has legal personality to participate in the probate proceedings being a valid heir to the estate.

Doña Chito died March 24 last year in her residence in North Forbes Park at age 87.

Judge Pimentel also ruled as “final and executory” the court’s July 2, 2008 order which said that properties of the late Consuelo Madrigal which are 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 also ruled that no property of hers shall be disposed of without approval from the court.

But according to Pe, the Court of Appeals in its March 20, 2009 resolution upheld Judge Pimentel’s earlier ruling that the will is valid and that Senator Madrigal has no personality to participate in the estate proceedings.

“We are questioning the court order recognizing Senator Madrigal as heir,” Pe said.

Pe also pointed to a portion of the will in which Consuelo stated that any person who is not related to her by consanguinity within the second civil degree, except those provided in the will, shall not “in any manner, inherit or acquire ownership of any property” that comes from her estate.

“With the confirmation by the Court of Appeals of the will’s validity, Doña Chito’s wishes must be respected,” Pe said.

Pe also said that Consuelo’s properties as listed in the will were not limited to just P26 million, but were assessed at that amount for the purpose of setting the filing fee for probate.

“The will disposes of all of Doña Chito’s properties, her entire estate, not just those up to a value of P26 million,” Pe said.

Pe also debunked the senator’s claim that Consuelo’s residuary (remainder) properties, or those not mentioned in the will, could be valued at several billions of pesos. According to Pe, the will also stated that the residuary estate would be distributed to three persons.

According to Pe, the residuary properties, composing of real estate and art works, would not even reach P1 billion. Pe also said that the properties identified by Senator Madrigal as part of her late aunt’s residuary properties, do not belong to Consuelo.

“This will takes precedence over any other piece of paper. She (Senator Madrigal) should respect the wishes of Doña Chito. We just want to execute her wishes and will. We cannot do that because of the cases filed,” Pe said.

“The CA said the will is valid. But I am being stopped by Senator Madrigal from disposing the estate. With the CA’s decision, we hope that she sees that will is valid,” Pe added.

Meanwhile, Ernesto Francisco, lawyer of Senator Madrigal said they would still question the validity of the will before the Supreme Court. According to Francisco, the name of the senator does not appear in the will because it was not done by Doña Chito herself.

“We want to prove that the will was not done by her,” Francisco said.

In a text message, Francisco also said that the press conference was staged by the executors of the will following the alleged freezing of the bank accounts of 20 corporations owned by his client’s late aunt.

Francisco earlier said that as a niece and one of the intestate heirs, Senator Madrigal has legal interest to take charge of her aunt’s properties outside the will.

Included in the estate that Senator Madrigal 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 the 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; two houses and lots in Ayala, Alabang; two condominium units at the Pinnacle in Mandaluyong City; one condominium unit at Two Salcedo Place in Makati; and two condominium units at Three Salcedo Place also in Makati.