CA junks petition of Jamby in legal battle over aunt's fortune
The Court of Appeals has junked former senator Jamby Madrigal's petition in connection with her legal battle for the estate of her billionaire aunt, the late philantrophist Consuelo Madrigal Collantes.
Madrigal's petition asked the CA not to accommodate a petition filed by the executors of her aunt's estate and the estate of the late foreign minister Manuel Collantes, Consuelo's husband.
Madrigal reminded the CA that she still has a pending partial reconsideration challenging the approval of the Records on Appeal filed with a probate court, which deals with matters on the administration of estates.
A record on appeal includes documents, files, transcripts and pieces of evidence used in trial that have to be submitted when appealing a case.
The CA, however, said it was not convinced with Madrigal's arguments on why it should not take jurisdiction over the case. It noted that the executors have "perfected an appeal... after the transmittal of the record on appeal."
This rendered Madrigal's motion for partial reconsideration filed with the probate court "moot and academic," the appellate court said.
"The court a quo already lost its jurisdiction over the matter appealed, that is, on the personality of CAS Madrigal (former Sen. Jamby Madrigal) as an heir upon the perfection of the appeal and ultimately the transmittal of the record on appeal," said the CA Third Division in a ruling penned by Associate Justice Samuel Gaerlan.
"In view of all the foregoing, the manifestation with motion to dismiss ad Cautelam or, in the alternative, motion for: (1) Recall of Notice to file brief; (2) Suspension of proceedings; and (3) Remand or reversion of appeal to the probate court filed on 30 May 2013 is hereby denied," the CA added.
In light of the ruling, the CA gave the executors of the respective estates of Consuelo and her husband Collantes more time to submit an appelant's brief.
The executors were given an extension of 20 days, the CA said.
The executors sought help from the CA to contest a Makati court decision saying that Madrigal has the legal personality to participate in the probate proceedings of her aunt’s last will and testament based on rules of legal succession.
Concurring with the CA Division resolution were Associate Justices Rebecca De Guia-Salvador and Apolinario Bruselas Jr.
The legal battle over the contested estate started following the March 24, 2008 death of then-87-year-old Consuelo in Makati. Collantes then became the lone compulsory heir of a house in Forbes and a one-hectare property in Ayala Alabang. He died on May 29, 2009.
In Collantes' will, he gave 40 percent of the matriarch's residuary estate to the former senator's elder sister Ma. Susana Madrigal-Eduque. Another 40 percent was given to a grandson, while the remaining 20 percent went to a niece.
Madrigal brought up the matter before a Makati court and demanded shares from 18 corporations, including Aquatic Food Center Inc., Ceus Realty Corp., Chela Realty Corp., Chine Realty Corp., Chirpy Realty Corp., and C. Hito Realty Corp. — Mark Merueñas/KBK, GMA News
Madrigal's petition asked the CA not to accommodate a petition filed by the executors of her aunt's estate and the estate of the late foreign minister Manuel Collantes, Consuelo's husband.
Madrigal reminded the CA that she still has a pending partial reconsideration challenging the approval of the Records on Appeal filed with a probate court, which deals with matters on the administration of estates.
A record on appeal includes documents, files, transcripts and pieces of evidence used in trial that have to be submitted when appealing a case.
The CA, however, said it was not convinced with Madrigal's arguments on why it should not take jurisdiction over the case. It noted that the executors have "perfected an appeal... after the transmittal of the record on appeal."
This rendered Madrigal's motion for partial reconsideration filed with the probate court "moot and academic," the appellate court said.
"The court a quo already lost its jurisdiction over the matter appealed, that is, on the personality of CAS Madrigal (former Sen. Jamby Madrigal) as an heir upon the perfection of the appeal and ultimately the transmittal of the record on appeal," said the CA Third Division in a ruling penned by Associate Justice Samuel Gaerlan.
"In view of all the foregoing, the manifestation with motion to dismiss ad Cautelam or, in the alternative, motion for: (1) Recall of Notice to file brief; (2) Suspension of proceedings; and (3) Remand or reversion of appeal to the probate court filed on 30 May 2013 is hereby denied," the CA added.
In light of the ruling, the CA gave the executors of the respective estates of Consuelo and her husband Collantes more time to submit an appelant's brief.
The executors were given an extension of 20 days, the CA said.
The executors sought help from the CA to contest a Makati court decision saying that Madrigal has the legal personality to participate in the probate proceedings of her aunt’s last will and testament based on rules of legal succession.
Concurring with the CA Division resolution were Associate Justices Rebecca De Guia-Salvador and Apolinario Bruselas Jr.
The legal battle over the contested estate started following the March 24, 2008 death of then-87-year-old Consuelo in Makati. Collantes then became the lone compulsory heir of a house in Forbes and a one-hectare property in Ayala Alabang. He died on May 29, 2009.
In Collantes' will, he gave 40 percent of the matriarch's residuary estate to the former senator's elder sister Ma. Susana Madrigal-Eduque. Another 40 percent was given to a grandson, while the remaining 20 percent went to a niece.
Madrigal brought up the matter before a Makati court and demanded shares from 18 corporations, including Aquatic Food Center Inc., Ceus Realty Corp., Chela Realty Corp., Chine Realty Corp., Chirpy Realty Corp., and C. Hito Realty Corp. — Mark Merueñas/KBK, GMA News
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