Payad v. Tolentino

G.R. No. 42258, 5 September 1936, 62 Phil 848

FACTS:

Victorio Payad filed a petition for the probate of the will of the decedent Leoncia Tolentino. This was opposed by Aquilina Tolentino, averring that said Will was made only after the death of the testatrix. The lower court denied the probate of the will on the ground that the attestation clause was not in conformity with the requirements of the law since it was not stated therein that the testatrix caused Atty. Almario to write her name at her express direction. Hence, this petition.

ISSUE:

Was it necessary that the attestation clause state that the testatrix caused Atty. Almario to write her name at her express direction?

RULING:

The evidence of record establishes the fact the Leoncia Tolentino, assisted by Attorney Almario, placed her thumb mark on each and every page of the questioned will and that said attorney merely wrote her name to indicate the place where she placed said thumb mark. In other words Attorney Almario did not sign for the testatrix. She signed by placing her thumb mark on each and every page thereof. “A statute requiring a will to be ‘signed’ is satisfied if the signature is made by the testator’s mark.” (Quoted by this court from 28 R. C. L., p. 117; De Gala vs. Gonzales and Ona, 53 Phil., 104, 108.) It is clear, therefore, that it was not necessary that the attestation clause in question should state that the testatrix requested Attorney Almario to sign her name inasmuch as the testatrix signed the will in question in accordance with law.

*Case digest by Allain Jay Gumela, LLB-IV, Andres Bonifacio College Law School, SY 2018-2019

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