By Fel V. Maragay

A MAKATI Regional Trial Court has declared Senator Jamby Madrigal a legal heir of Doña Consuelo “Chito” Madrigal, and that she may participate in the proceedings for the other properties that her billionaire aunt had left behind when she died in March last year.

In an order dated Feb. 12, Judge Oscar Pimentel of Branch 148 also declared that his previous ruling in July 2008 on Doña Chito’s last will had become final .

That ruling says that the executors of Doña Chito’s will are limited to distributing the contents of her estate that were listed and valued at over P26.1 million.

Pimentel said Doña Chito’s estate was called a “mixed succession” in his latest decision because she did not dispose of all her property in her will.

Legal succession now governed Doña Chito’s properties that were not listed in the will as the ruling had become final, Pimentel said.

“All legal heirs of [Doña Chito] have sufficient legal personality to participate in the proceedings,” including Senator Madrigal, the order says.

Pimentel also denied lawyer Perry Pe and BPI president Aurelio Montinola III’s motion to clarify the July 22, 2008 order.

“[That motion] does not partake of a motion for reconsideration,” the order says.

“A reading thereof reveals that the manifestation merely inquired into the ramification of this Court’s Order setting the limitations of the Executor’s power to dispose and distribute the decedent’s estate to P26,134,137.23.”

And to protect and preserve Doña Chito’s properties, “this court should also proceed to the settlement of the portion of the estate of [Doña Chito] not covered by the rules on legal succession.

Madrigal had submitted a declaration on Sept. 17, 2008, in which she listed 18 realty companies owned by Doña Chito that were not listed in her will , but were covered by the rules on legal succession.

In a statement yesterday, the senator said Pimentel’s decision recognizing her as a legal heir was a victory in honor of her aunt’s memory, and “a clear indication that her wishes for the poor to have a share of her estate shall now be respected.”

The decision came 12 days before Doña Chito’s death anniversary.

“I appeal to my other relatives to respect this decision of the court,” Madrigal said.

“Now is the time to end all of this. We are more than blessed with our needs. Now is the time to move forward and ensure that Tita Chito’s estate be distributed according to her wishes.”

Madrigal also asked all banks, financial institutions and government other agencies to take notice of the decision.

“The final and executory order of the court is clear that there should be no disposition of my late aunt’s estate without prior order of the court,” she said.

“I shall exercise all legal remedies to ensure that my Tita’s estate will not be vandalized.”

Pe, in a statement sent to the Standard Today, said “the decision of Judge Pimentel declaring that there is mixed intestate succession practically rewrote the will of the late Doña Chito Madrigal and is, therefore, totally wrong. We will file an appeal and exert all legal resources at our disposal.”