Senator Ma. Ana Consuelo “Jamby” Madrigal on Wednesday asked the Makati Regional Trial Court to dismiss the petition made by her fellow heirs to the wealth of her late billionaire aunt.

In a 33-page motion to dismiss with opposition ad cautelam, Madrigal urged Judge Zenaida Galapate-Laguilles to junk the petition made by Juan Vicente De Leon-Rufino and Vicente De Leon-Rufino to issue letters testamentary to the executors named by the late Doña Consuelo “Chito” Madrigal-Collantes in executing her last will and testament.

Juan Vicente De Leon-Rufino and Vicente De Leon-Rufino said the issuance of letters testamentary to lawyers Perry Pe and Aurelio Montinola will facilitate the transfer of a parcel of land located at No. 17 Balete, South Forbes Park in Makati City under their name. It was recalled that Madrigal, in her disputed last will and testament, bequeathed the property to the petitioners.

However, Madrigal, through counsel Ernesto Francisco, Jr., said Laguilles should dismiss outright the petition since a probate hearing on the same estate is being heard at the sala of Judge Oscar Pimentel of Makati RTC branch 148. As of press time, Pimentel is set to resolve the motion for inhibition judge filed by Madrigal’s relatives and the motion to appoint special administrator filed by the senator herself.

“In order to avoid any conflict in the resolution of the issue on the propriety of the issuance of letters testamentary or administration and the appointment of a special administrator, the Honorable Court should refrain from taking cognizance of the instant Petition and dismiss the same,” Francisco said.

It was earlier reported that Pimentel considered the senator as her aunt’s legal heir as he declared as final and executory his July 2, 2008 ruling which said that Collantes’ lawyer-executors can only dispose of her properties expressed in the disputed last will and testament.

Pe and Montinola then filed a motion for inhibition of Pimentel in presiding over the hearing. They claimed that Pimentel is perceived to have prejudice towards them and favorable bias towards the Madrigal when the judge allowed the senator to participate in the proceedings despite the fact that she is not considered a party in the case.

"While the executors are hopeful that the political status of the senator has not affected the disposition of the presiding judge, they cannot help but think, based on the events that have unfolded, that this is unfortunately the case. His inhibition is therefore necessary and warranted here," they said.