MANILA, Philippines - Former senator Consuelo “Jamby” Madrigal has lost one of her cases in the Court of Appeals (CA) involving her right over properties left by her late billionaire-aunt Consuelo “Chito” Madrigal-Collantes.
In an 18-page decision released yesterday, the 11th division of the appellate court dismissed for lack of merit Madrigal’s petition questioning the earlier rulings of Makati City Regional Trial Court (RTC) Branch 143 junking her notice of appeal and record on appeal on her aunt’s will.
The CA ruling penned by Associate Justice Socorro Inting held that the Makati RTC presided by Judge Zenaida Galapate-Laguilles did not abuse its discretion in issuing the ruling in November 2010.
“All told, we cannot subscribe to the position handed down by the petitioner. Accordingly, no grave abuse of discretion amounting to lack or excess of jurisdiction can be ascribed to the respondent judge for clearly she has acted within the bounds of law and applicable jurisprudence,” the ruling said.
Associate Justices Fernanda Lampas-Peralta and Mario Lopez concurred in the ruling.
In its ruling, the CA said Madrigal “failed to present any persuasive reason which could convince us as well as the lower court to relax the rules.”
“We find no error on the part of respondent judge when she disapproved the petitioner’s notice of appeal and record on appeal as well as in denying the corresponding motion for reconsideration,” the court added.
The case stemmed from a preceding petition for probate initiated by the testatrix herself of her last will and testament. The case was filed before Branch 148 of the Makati Court.
The estate proceedings involving Collantes’ properties have been going on before that court.
Marcos-era foreign minister Manuel Collantes is now the lone compulsory heir of Chito. Some of Chito’s properties include a house in Ayala Alabang and another in South Forbes Park in Makati.
After proper proceedings, the court came out with its decision and an amended decision granting the allowance of the will and specifically noting that the entirety of the estate – both specific properties and residual – has been disposed of by Chito in her last will, respectively.