Case Digest (G.R. No. L-4067) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In In the Matter of the Will of Antero Mercado, Deceased (90 Phil. 489, G.R. No. L-4067, November 29, 1951), Rosario Garcia petitioned for the probate of a will executed by her late father, Antero Mercado, on January 3, 1943, written entirely in Ilocano in Ilocos Norte. The will spans three pages, each bearing the testator’s name and marginal notations, and concludes with an attestation clause signed by three witnesses—Humeriano Evangelista, Bosendo Cortes, and Bibiana (surname illegible)—and by Atty. Florentino Javier, who wrote the name of Antero Mercado “A ruego del testador.” Mercado himself allegedly marked a cross after his name. At first instance, the Court of First Instance of Ilocos Norte admitted the instrument as the valid last will and testament. On appeal, however, the Court of Appeals reversed, disallowing probate on the ground that the attestation clause failed to certify (1) that the will was signed at Mercado’s express request in the presence of each witness, (2 Case Digest (G.R. No. L-4067) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background
- Petitioner: Rosario Garcia; Respondents: Juliana Lacuesta et al.
- Decedent: Antero Mercado; executed a purported will on January 3, 1943 in the Ilocano dialect.
- Attestation and Execution
- The will comprises three pages, each bearing the attestation clause stating that the testator and witnesses signed at the left margins and at the end.
- Attestation clause signed by witnesses Humeriano Evangelista, Bosendo Cortes, and “Bibiana” (surname illegible).
- The document bears the name of Antero Mercado written by Atty. Florentino Javier “A ruego del testador,” and a cross immediately after the testator’s name.
- Procedural History
- The Court of First Instance of Ilocos Norte admitted the will.
- The Court of Appeals reversed, disallowing the will for alleged defects in the attestation clause under Section 618 of the Code of Civil Procedure.
- Petitioner sought relief by certiorari to the Supreme Court.
Issues:
- Formal Requirements
- Whether the attestation clause complied with Section 618, CCP, by reciting that the testator caused his name to be written by proxy under his express direction in the presence of witnesses.
- Whether the clause adequately certified that the will was signed on all pages and margins by the testator and witnesses.
- Validity of Cross Mark
- Whether the cross made by the testator is equivalent to a thumbmark and thus satisfies the statutory signature requirement.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)