G.R. No. L-4067, 29 November 1951, 90 Phil 489
Antero Mercado left a will dated January 3, 1943. The will appears to have been signed by Atty. Florentino Javier as he wrote the name of Antero Mercado and his name for the testatior on the will. HOWEVER, immediately after Antero Mercado’s will, Mercado himself placed an “X” mark.
The attestation clause was signed by three instrumental witnesses. Said attestation clause states that all pages of the will 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.” The attestation clause however did not indicate that Javier wrote Antero Mercado’s name.
Whether or not the will is valid.
No. 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. 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.
*Case digest by Honeyleth Luvie T. Hayag, LLB-IV, Andres Bonifacio College Law School, SY 2018-2019