Case Summary (G.R. No. L-4067)
Attorney’s Subscription and Testator’s Mark
Florentino Javier subscribed the name “Antero Mercado” under the rubric “A ruego del testador.” Immediately thereafter, Mercado affixed a cross beside his name. No other regular handwritten signature of Mercado appears.
Court of Appeals’ Grounds for Disallowance
The appellate court held the attestation clause defective for failing to certify:
- That the will was signed on the left margin of each page and at its end by Javier at Mercado’s express request in the presence of all witnesses;
- That Mercado himself wrote a cross at the end of his name and on each left margin in the presence of the witnesses;
- That the three witnesses signed every page in the presence of the testator and of one another.
Supreme Court’s Analysis on Section 618 Compliance
Section 618 requires an attestation clause to affirm that the testator caused another to write his name “under his express direction” in the presence of the subscribing witnesses. The Court found the clause fatally defective for omitting any statement that Mercado directed Javier to write his name, as mandated by law.
Petitioner’s Argument on the Sufficiency of the Cross
Petitioner contended that the cross is tantamount to a valid signature—similar to a thumbmark—and thus satisfies the requirement that the testator sign the will. She cited precedents where thumbmarks were upheld as sufficient signatures.
Rejection of the Cross as a Valid Signature
The Court distinguished a mere cross from a thumbmark, noting that a thumbmark carries intrinsic trustworthiness linked to the person’s physical characteristic
...continue readingCase Syllabus (G.R. No. L-4067)
Facts of the Case
- A will dated January 3, 1943, purporting to be that of Antero Mercado, was presented for probate.
- The instrument was written in the Ilocano dialect, which the testator understood and spoke.
- The will consists of three pages, each bearing a corresponding number in letters.
- It bears the signatures of three witnesses—Humeriano Evangelista, Bosendo Cortes, and a third whose surname is illegible (Bibiana Illegible).
- An attorney, Florentino Javier, wrote out the name of the testator under the rubric “A ruego del testador” and signed below.
- Immediately after the name written by Attorney Javier, the testator allegedly made a mark in the form of a cross.
Procedural History
- The Court of First Instance of Ilocos Norte admitted the will to probate.
- On appeal, the Court of Appeals reversed that decision and disallowed the will.
- The petitioner, Rosario Garcia, sought relief by certiorari before the Supreme Court, challenging the Court of Appeals’ ruling.
Content of the Attestation Clause
- Recites that the will was signed by the testator and by the witnesses “below his name and of this attestation clause and that of the left margin of the three pages.”
- States the will was written in Ilocano and bears corresponding page numbers in letters.
- Affirms that all pages and the attest