CA junks Jamby motion on inheritance

MANILA, Philippines - The Court of Appeals (CA) has junked former senator Maria Ana Consuelo “Jamby” Madrigal’s petition against a bid to disinherit her from the estate of her late billionaire-aunt, Consuelo Madrigal-Collantes.

In a 15-page resolution, the third division of the appellate court denied Madrigal’s motion to dismiss the petition filed by the executors of Collantes’ estate questioning the order of Makati City Regional Trial Court Branch (RTC) 148 declaring the former senator as an heir of her late aunt.

Madrigal had asked the CA to dismiss the petition or remand the case to the RTC.

But the CA said jurisdiction over the case had already been resolved upon the filing of the petition before it.

“The court a quo already lost its jurisdiction over the matter... that is, on the personality of Madrigal as an heir upon the perfection of the appeal and ultimately the transmittal of the record on appeal,” according to the ruling penned by Associate Justice Samuel Gaerlan.

The ruling said Madrigal’s unresolved motion for partial reconsideration before the RTC is also “deemed moot and academic.” 

In the same ruling, the CA also granted the request of petitioners for an extension of 20 days to file their brief. 

Associate Justices Rebecca De Guia-Salvador and Apolinario Bruselas Jr. concurred in the ruling.

Lawyer Perry Pe and Bank of the Philippine Islands president Aurelio Montinola, who were assigned by Collantes as executors and trustees of her last will and testament, filed the petition. 

Included in the subject estate 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.

Francisco said some of the corporations were realty companies owning sizable properties, including two parcels of land in Forbes Park, four office condominium units in Makati City, two houses and lots in Ayala Alabang, two units at the Pinnacle Condominium in Mandaluyong City, a unit at Two Salcedo Place condominium in Makati City and two units at Three Salcedo Place condominium also in Makati.