G.R. No. 74695 - IN RE: Alvarado vs. Gaviola, Jr.

Petitioner Cesar Alvarado, an illegitimate son, opposed the probate of his father Brigido Alvarado’s notarial will and codicil.
Private respondent Bayani Ma. Rino, named executor, filed the petition for probate in the RTC of Siniloan, Laguna upon the testator’s death on January 3, 1979.
The RTC of Sta. Cruz, Laguna admitted the will and codicil to probate by Order dated June 27, 1983; the Intermediate Appellate Court (now Court of Appeals) affirmed on April 11, 1986.

On November 5, 1977, 79-year-old Brigido executed an eight-page notarial will (“Huling Habilin”) disinheriting petitioner and revoking a prior holographic will. He did not read the draft; private respondent read it aloud before the testator, three instrumental witnesses, and the notary public, each of whom followed with their copies.
On December 29, 1977, Brigido executed a five-page codicil to raise funds for an eye operation, again not reading it himself; private respondent read it once aloud in the presence of the same witnesses and notary, all of whom followed with their copies.
Petitioner opposed probate on grounds of non-compliance with formalities, testator’s incapacity (senility, glaucoma), undue influence, duress, and fraud in procuring the father’s signature. He failed to substantiate these claims at trial.

Whether Brigido Alvarado was “blind” or otherwise incapable of reading under Article 808 of the Civil Code at the time he executed the will and codicil.
If so, whether the double-reading requirement of Article 808 was complied with.