Jamby loses Court of Appeals appeal on Madrigal wealth

MANILA, Philippines - Former senator Jamby Madrigal failed to convince the Court of Appeals (CA) to uphold a Makati court’s ruling allowing her and other heirs of Chito Madrigal-Collantes to share in her late aunt’s estate without allowing the executors of her last will and testament to appeal the decision.

The CA ruled that the appeal of executors Perry Pe and Aurelio Montinola should be given due course and resolved based on merits, not on mere technicalities.

“We deem it best that any factual or legal grounds to oppose the appeal should be contained in the parties’ pleadings, and the issues between the parties be resolved on the merits rather than on technicalities, more so, that this appeal is a matter of right on the part of the executors-appellants and not merely of discretion for this court to give it due course or not,” read the CA ruling.

Madrigal said Pe’s and Montinola’s appeal should be dismissed because they failed to perfect their appeal in the manner and within the period fixed by law.

Therefore the Makati Regional Trial Court’s ruling has become final and executory, she added.

However, the CA said the notice of appeal of Pe and Montinola is deemed to have been filed within the 30-day prescribed period.

“As long as the notice of appeal has complied with the requisites of the rule, the trial court is left without discretion but to give due course to the notice of appeal,” read the CA ruling.

Pe and Montinola received the Makati court’s order dated Feb. 12, 2009 on March 12, 2009 while the notice of appeal was filed on March 27, 2009 or 15 days from the receipt of the order, the CA said.

The CA ruling was penned by Associate Justice Elihu Ybañez.

Concurring were Associate Justices Bienvenido Reyes and Estela Perlas-Bernabe.

Court records show Collantes died in March 2008 at the age of 87, leaving her husband, former foreign minister Manuel Collantes, as her lone compulsory heir since they did not have children.

Madrigal was left out in Collantes’ last will and testament, prompting her to question its validity before the court.

The Makati court then ruled that Madrigal has right over billions worth of properties of Collantes that were not mentioned in her last will and testament.