THE Court of Appeals has junked the plea of former senator Maria Ana Consuelo “Jamby” Madrigal to dismiss the case involving the fortune of her late aunt.
The appellate court, in effect, assumed jurisdiction on the case instead of turning down the prayer for its dismissal.
In a 15-page resolution penned by Associate Justice Samuel Gaerlan, the Court’s Third Division denied the former senator’s manifestation to dismiss the petition filed by the Executors of the Estate of Consuelo “Chito” Madrigal and the Estate of Manuel Collantes questioning the order of Makati City Regional Trial Court Branch 148 declaring former senator Jamby Madrigal as an heir of her late aunt.
The former lawmaker claimed that the appellate court must not accommodate the petition as she questioned the timeliness of the filing of the record on appeal.
She also insisted that her motion for partial reconsideration challenging the approval of the Records of Appeal is still pending before the probate court.
However, the Appellate court is not convinced as it denied her manifestation.
“In view of all the foregoing, the Manifestation with Motion to dismiss Ad Cautelam or, In the Aternative, Motion for: (1) Recall of Notice to File Brief; (2) Suspension of Proceedings; and (3) Remand or Reversion of Appeal to the Probate Court filed on 30 May 2013 is hereby denied,” the resolution said.
Meanwhile, the Tribunal granted the Motion for Time and the Motion for Extension of Time to File Appellant’s brief filed by the Executors of the Estate of Dona Chito and by the Estate of Manuel Collantes.
“. . . the Motion for Time by the Executors having been filed within the reglamentary period is hereby granted and given an extension of twenty days from June 23, 2013 or until July 13, 2013 within which to file their appellants’ brief,” it said.
The Appellate court ruled that upon the perfection of appeal, the trial court loses jurisdiction over the case.
“Thus, the court a quo already lost its jurisdiction over the matter appealed, that is, on the personality of CAS Madrigal [former Sen. Madrigal]as an heir upon the perfection of the appeal and ultimately the transmittal of the record on appeal,” the court said.
Hence, it was declared that upon the transmittal of the record on appeal, “the motion for partial reconsideration is deemed moot and academic.”
Concurring with the resolution are Associate Justices Rebecca De Guia-Salvador and Apolinario Bruselas Jr.