Madrigal aunt’s will covered all assets, heirs’ lawyer says
By DJ Yap
Philippine Daily Inquirer
First Posted 07:22:00 08/06/2008
Filed Under: Family, Laws, Conflicts (general)
MANILA, Philippines -- The executors of the will of the late Consuelo “Chito” Madrigal-Collantes said Monday she had intended to dispose of her entire estate in the document.
Perry Pe and Aurelio Montinola III, through their counsel, Jose Gabriel Benedicto, cited a provision in the will which distributes the “residuary estate” to three persons -- nieces Ma. Susana Madrigal and Gizela Gonzalez-Montinola and grandnephew Vicente Gustav Warns -- the same three persons plus Collantes’ widower who were the listed beneficiaries in the will.
Another of Collantes’ nieces, Sen. Maria Ana Consuelo “Jamby” Madrigal, has disputed the will.
Madrigal’s lawyer, Ernesto Francisco, countered by saying the term “residuary estate” referred only to the properties listed in the will after taxes were deducted.
The rest of the assets, he said, should be governed by the laws on legal succession as Makati Judge Oscar Pimentel had ruled on July 2.
Collantes was believed to be worth billions of pesos when she died in her North Forbes Park home on March 24, leaving behind numerous businesses and properties in the Philippines and overseas. She had no children.
Judge on leave
Monday’s hearing was held before Judge Maria Cristina Cornejo, who is sitting in for Pimentel who is on leave.
The hearing was in connection with the motion filed by Montinola and Pe questioning the P26-million cap Pimentel had set on the value of Collantes’ estate to be distributed to her listed heirs.
Pimentel, in his July 2 order, authorized Montinola and Pe to divide the estate among the heirs but only up to the amount of P26,134,137.23 which was the total of the assets listed in the will.
Any assets over and above the P26 million, Pimentel had ruled, would be distributed among Collantes’ legal successors.
Francisco said this meant half would go to Collantes’ widower, former Foreign Minister Manuel Collantes, and the other half to her siblings, and by representation, her nephews and nieces, who include Senator Madrigal.
Benedicto, meanwhile, said Senator Madrigal was not a rightful party to the case and should not be heard in court at all.
He said her lawyer, Francisco, had no “legal personality” in the proceedings considering that a previous court order had effectively junked his motion to intervene in the case.
Cornejo gave Francisco 10 days to submit his opposition to the motion filed by Pe and Montinola, and the latter’s lawyers five days to reply.
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