MANILA, Philippines?The executors of the will of the late Consuelo ?Chito? Madrigal-Collantes are trying to block moves by her niece, Sen. Jamby Madrigal, to stake a claim to properties that are not covered in Collantes? will.

In a Sept. 23 motion, lawyers representing Collantes? executors, Perry Pe and Aurelio Montinola III, said Madrigal had no legal personality to intervene in the legal proceedings concerning Collantes? estate.

They asked a Makati court to expunge from the records the documents filed by Madrigal?s lawyer, Ernesto Francisco, identifying Collantes? properties purportedly for distribution to her legal successors, which Francisco said should include Madrigal.

?Sen. Madrigal is not a party in this case,? the Collantes? lawyers told the court.

?[Madrigal] is not an heir. In the manifestation, as well as in the earlier pleadings he filed, Francisco stubbornly and presumptuously refers to his client as an heir. Not surprisingly, his claim has no leg to stand on,? they said.

The executors said Collantes had intended to dispose of all her properties, including those not specifically itemized in the will, to her intended beneficiaries, a claim that is disputed by Madrigal and Francisco.

The childless Collantes died in her Makati residence on March 24. In her will, she left her estate to her widower, Manuel, a former foreign affairs minister, nieces Ma. Susana Madrigal and Gizela Gonzalez-Montinola, and grandnephew Vicente Gustav Warns.

She left none for Madrigal, who has then sought to have the will invalidated.

Putting a cap on inheritance

In a July 2 order, Makati Judge Oscar Pimentel put a cap on the distribution of the estate to the intended beneficiaries, limiting it to only the P26 million worth of properties specified in the will.

The judge then ruled that the rest of the properties would be divided according to the rules on legal succession.

Francisco said this meant that Madrigal should be entitled to a part of the bulk of her aunt?s estate.

The lawyer said half of the properties would go to Collantes? widower, Manuel, and half would be distributed to her brothers and sisters, and by representation, her nephews and nieces, including Madrigal.

The executors maintain, however, that Madrigal cannot claim to being an heir since ?she is not a legitimate child, descendant, parent, ascendant, widower or an adopted child of the late Doña Chito Madrigal.?

A motion filed by Pe and Montinola?s lawyers also later questioned the cap set by Pimentel on the value of her estate to be distributed to her listed heirs, claiming that Collantes had intended to leave her entire fortune only to those named in the will.

They also said Madrigal and Francisco should not be heard in court because their previous motion to intervene in the case had not been granted.

The court has yet to rule on the executors? motions.

Identifying properties

Francisco, however, has begun filing manifestations identifying Collantes? properties not specified in the will, including real estate properties here and abroad, shareholdings in several corporations, art pieces, jewelry and even a helicopter.

He said this was in keeping with Pimentel?s July 2 order subjecting Collantes? properties outside the P26 million cap to the rules on legal succession, and effectively making Madrigal a legal heir.

But the lawyers of the executors said Francisco should not have taken it upon himself to list down Collantes? properties.

?This is a duty provided by law which belongs to the executors, not to him. Francisco has arrogated unto himself that which he is not entitled to in law or in fact,? they said.