CASE DIGEST: Garcia vs. Lacuesta

 


[ G. R. No. L-4067, November 29, 1951 ]
IN THE MATTER OF THE WILL OF ARTERO MERCADO, DECEASED. ROSARIO GARCIA, PETITIONER, VS. JULIANA LACUESTA, ET AL., RESPONDENTS

 

FACTS:

The CA disallowed the will of Antero Mercado. The will is written in the Ilocano dialect and contains the following attestation clause:

"We, the undersigned, lay these presents do declare that the foregoing testament of Antero Mercado was signed by himself and also by us below his name and of this attestation clause and that of the left margin of the three pages thereof. Page three the continuation of this attestation clause; this will is written in Ilocano dialect which is spoken and understood by the testator, and it bears the corresponding number in letter which compose of three pages and all of them were signed in the presence of the testator and witnesses, and the witnesses in the presence of the testator and all and each and every one of us witnesses.

"In testimony, whereof, we sign this testament, this the third day of January, one thousand nine hundred forty three, (1943) A. D.

(Sgd.)    HUMERIANO EVANGELISTA         (Sgd.)    BOSENDO CORTES

(Sgd.)    "BIBIANA ILLEGIBLE."

The will appears to have been signed by Atty. Florentino Javier who wrote the name of Antero Mercado, followed below by "A ruego del testador" and the name of Florentino Javier. Antero Meroado is alleged to have written a cross immediately after his name.

The CA ruled that the attestation clause failed (1) to certify that the will was signed on all the left margins of the three pages and at the end of the will by Atty. Florentine Javier at the express request of the testator in the presence of the testator and each and every one of the witnesses; (2) to certify that after the signing of the name of the testator by Atty. Javier at the former's request said testator has written & cross at the end of his name and on the left margin of the three pages of which the will consists and at the end thereof; (3) to certify that the three witnesses signed the will in all the pages thereof in the presence of the testator and of each other.

ISSUE:

Whether or not the attestation clause is valid

RULING:

The attestation clause is fatally defective for failing to state that Antero Mercado caused Atty. Florentino Javier to write the testator's name under his express direction.

The cross appearing on the will is not the usual signature of Antero Mercado or even one of the ways by which he signed his name. The mere sign of a cross is not the same with a thumbmark. The cross cannot and does not have the trustworthiness of a thumbmark.


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