669 Garcia v Lacuesta

G.R. No. L-4067

November 29, 1951
By: LABELLA
Topic: Specific Requirements
Petitioner: In the Matter of the will of ANTERO MERCADO, deceased. ROSARIO
GARCIA
Respondent: JULIANA LACUESTA, ET AL
Ponente: PARAS, C.J.:

DOCTRINE:
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, as required by section
618 of the Code of Civil Procedure.

FACTS:
This case involves the will of Antero Mercado, which among other defects was signed by the
testator through a cross mark (an “X”). The will was signed by Atty. Javier who wrote the
name of Mercado as testator and the latter allegedly wrote a cross mark after his name. The
CFI allowed the will but the CA disallowed it because its attestation clause was defective for
failing to certify 1) that the will was signed by Atty. Javier at the express direction of the
testator, 2) that the testator wrote a cross at the end of his name after Atty. Javier signed for
him, and 3) that the 3 witnesses signed the will in the presence of the testator and of each
other.

ISSUE:
Whether the will should be allowed despite the defect of the attestation clause since the
testator had placed a cross mark himself as his signature.

RULING:
The attestation clause is fatally defective for failing to state that Mercado directed Javier to
write the testator’s name under his express direction. Petitioner’s argument that such recital is
unnecessary because the testator signed the will himself using a cross mark which should be
considered the same as a thumb-mark (which has been held sufficient in past cases) is not
acceptable. A cross mark is not the same as a thumb mark, because the cross mark does not
have the same trustworthiness of a thumb mark.

DISPOSITIVE:
Wherefore, the appealed decision is hereby affirmed, with against the petitioner. So ordered.