Friday, October 21, 2011

As a final word to convince petitioner of the propriety of the trial court's Probate Order and its affirmance by the Court of Appeals, we quote the following pronouncement in Abangan v. Abangan,[18] to wit:
"The object of the solemnities surrounding the execution of wills is to close the door against bad faith and fraud, to avoid the substitution of wills and testaments and to guaranty their truth and authenticity. Therefore the laws on the subject should be interpreted in such a way as to attain these primordial ends. But, on the other hand, also one must not lose sight of the fact that it is not the object of the law to restrain and curtail the exercise of the right to make a will. So when an interpretation already given assures such ends, any other interpretation whatsoever, that adds nothing but demands more requisites entirely unnecessary, useless and frustrative of the testator's will, must be disregarded"

FIRST DIVISION
[ G.R. No. 74695, September 14, 1993 ]
IN THE MATTER OF THE PROBATE OF THE LAST WILL AND TESTAMENT OF THE DECEASED BRIGIDO ALVARADO, CESAR ALVARADO, PETITIONER, VS. HON. RAMON G. GAVIOLA, JR., PRESIDING JUSTICE, HON. MA. ROSARIO QUETULIO LOSA AND HON. LEONOR INES LUCIANO, ASSOCIATE JUSTICES, INTERMEDIATE APPELLATE COURT, FIRST DIVISION (CIVIL CASES), AND BAYANI MA. RINO, RESPONDENTS.

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