MANILA, Philippines -- Senator Ana Consuelo ?Jamby? Madrigal has questioned a motion filed by the executors of the will of her late aunt, Consuelo Madrigal-Collantes, seeking the removal of a P26 million cap on the distribution of the contested estate.

In a 26-page response, Madrigal?s lawyer, Ernesto Francisco Jr., asked the court to deny the motion filed by executors Aurelio Montinola III and Perry Pe which sought to clarify the limit that had earlier been set by the court.

"It was highly improper for the executors to ask the court to allow them to dispose of the estate above the value of P26,134,137.23, without notifying all legal heirs who will be adversely affected if the said 'motion' is granted,? Francisco said.

Madrigal?s aunt, Chito Madrigal-Collantes, died childless on March 24 but did not name the senator among her intended heirs.

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.

Madrigal has since fought to have the will invalidated.

In a July 2 order, Judge Oscar Pimentel limited the distribution of the estate to the intended beneficiaries to the P26 million worth of properties specifically listed in the will.

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

Madrigal?s lawyer said this would put the senator in the succession line. But the executors contest this interpretation.

Francisco said the order is already final and executory since none of the heirs questioned it. "Hence, the order can no longer be changed or modified,? Francisco said.

Francisco questioned the executors? contention that the late Madrigal-Collantes had clearly disposed of her entire estate, consisting of real and personal properties enumerated in the will (worth P62 million) as well as her "residuary estate."

A residuary estate is defined as the remaining properties after debts and expenses of the administration have been paid.

?Senator Madrigal vehemently interposes her objection," the lawyer said.

Madrigal has already begun filing manifestations identifying properties not specified in her late aunt?s will, including real estate properties here and abroad, shareholdings in several corporations, art pieces, jewelry, and even a helicopter.