Garcia v. Lacuesta Digest

Garcia v. Lacuesta 

G.R. L-4067 November 29, 1951

Ponente: Paras, C.J.

Facts:

1. The CA disallowed the probate of the will of Antero Mercado dated Jan 1943. The said will was written in Ilocano dialect.

2. The will appears to have been signed by Atty. Florentino Javier who wrote the name of the testator followed below by 'A ruego del testador' and the name of Florentino Javier. In effect, it was signed by another although under the express direction of the testator. This fact however was not recited in the attestation clause. Mercado also affixed a cross on the will.

3. The lower court admitted the will to probate but this order was reversed by the Court of Appeals on the ground that the attestation failed to recite the facts surrounding the signing of the testator and the witnesses. 

Issue: Whether or not the attestation clause in the will is valid

HELD: NO the attestation is fatally defective for its failure to state that Antero or the testator caused Atty. Javier to write the former's name under his express direction as required by Sec. 618 of the Civil Procedure. Finally, on the cross affixed on the will by the testator, the Court held that it is not prepared to liken the mere sign of a cross to a thumbmark for obvious reasons- the cross does not have the trustworthiness of a thumbmark so it is not considered as a valid signature.