SENATOR Jamby Madrigal yesterday insisted that the Court of Appeals? decision on her inheritance dispute with relatives proved that there was fraud in the probate of her late aunt?s last will.

She said the court?s ruling on the estate of Chito Madrigal-Collantes gave her new hope in her fight for justice, and that was because ?it recognized the existence of fraud in the will itself.?

?The Court of Appeals ruled that there was intrinsic fraud in the probate of the supposed will, although there was no extrinsic fraud regarding what appear to be forgeries,? Madrigal said.

?This paves the way for victory!?

Madrigal, who was bequeathed nothing from the properties left by her billionaire aunt, made the statement following the appellate court?s Dec. 19 decision throwing out her petition to invalidate Collantes? will.

The court?s justices said they found no extrinsic fraud in the probated last will, but Madrigal said yesterday she would ask the court to reconsider its ruling.

The childless Collantes died on March 24 at the age of 87, leaving her husband as the lone compulsory heir and inheritor of a house in Forbes Park and a one-hectare property in Ayala Alabang.

Her will bequeathed to Jamby?s elder sister, Ma. Susana ?Chu Chu? Madrigal-Eduque, 40 percent of her undetermined residuary estate.

Collantes bequeathed another 40 percent to a young grandnephew and the 20-percent balance to another niece, lawyer Gizela Gonzalez-Montinola.

In September 2006, a Makati Court judge declared Collantes? will valid and approved the appointment of lawyer Perry Pe and Aurelio Montinola III, president of Bank of the Philippine Islands, as executors of her last will.

The same judge did not act on Madrigal?s motion to intervene in the case on July 2. Instead, he approved the distribution to the named heirs of P26 million worth of Collantes? estate, with the rest to be covered under the principle of legal succession. Ferdinand Fabella