BY ASHZEL HACHERO

SEN. Maria Ana Consuelo "Jamby" Madrigal yesterday asked the Makati Regional Trial Court to stop the execution of the will of her billionaire aunt Consuelo "Chito" Madrigal-Collantes.

Sen. Madrigal was not included among the heirs.

In a nine-page opposition filed before Judge Oscar Pimentel, Madrigal, through lawyer Ernesto Francisco Jr., sought the junking, for "utter lack of merit," of the manifestation and motion filed by Enrile Teodoro, lawyer of her late aunt.

Teodoro last April 17 sought the issuance of letters testamentary to the executors of Collantes' will in order to start the process of distributing her property to the heirs.

Letters testamentary is a document issued by the court clerk, which states the authority of the executor of an estate of a person who has died.

Francisco said Teodoro and his law firm P.A. Garcia, C.S. Garcia and Associates are not "clothed with the requisite legal personality" to further move for the issuance of letters testamentary in favor of lawyers Perry L. Pe and Aurelio R. Montinola III, the named joint executors and trustees of Collantes' last will and testament.

Francisco argued that Collantes' lawyer has no more authority to intervene in the case since his client has died, effectively terminating their attorney-client relationship.

"In this regard, oppositor Madrigal most respectfully urges the Honorable Court to take judicial notice of the well-established pronouncements of the Supreme Court as regards the lack of authority of an attorney to appear and participate in court proceedings upon the death of his client, save only to inform the court of the fact of death and give the names and addresses of the latter's legal representatives," Francisco's opposition stated.

Francisco claimed the representation in the case of lawyer Dale Michael Villaflor, purportedly as a member or associate of the law firm of P.A. Garcia, C.S. Garcia and Associates, would show that there are "serious irregularities" in the proceeding.

Villaflor is an associate of the Pacheco Law Office which is not a counsel of record in the instant proceeding, Francisco said.

"The records in the instant case readily show that Atty. Villaflor has been the one signing pleadings, appearing and actively participating in the hearings in the instant case purportedly as a member or associate of P.A. Garcia, C.S. Garcia and Associates," he said.

Francisco said they will also file a motion for intervention questioning the validity of the will.

He said that if the will is invalidated, part of Collantes' estate should go to her brothers and sisters, nephews and nieces.

Chito Collantes died last March 24 in her North Forbes Park residence. She and former Foreign Affairs Undersecretary Manuel Collantes have no children.

The couple, however, adopted Gustav Warns whose father Bo is a son of Pacita Madrigal, Collantes' sister, by her first marriage.

Chito's surviving sister Luisa "Ising" Velasquez is the youngest child of Don Vicente Madrigal.

There are nieces and nephews by Chito's brothers and sisters namely Antonio, father of Jamby, the late Belek, the late Macaria de Leon and the late Mrs. Bayot.