Matias v. Salud Digest

Matias vs. Salud

G.R. L-10907 June 29, 1957

Ponente: Concepcion, J.

Facts: 

1. This case is an appeal from a CFI Cavite order denying the probate of the will of Gabina Raquel. The document consist of 3 pages and it seems that after the attestation clause, there appears the siganture of the testatrix 'Gabina Raquel', alongside is a smudged in violet ink claimed by the proponents as the thumbmark allegedly affixed by the tetratrix. On the third page at the end of the attestation clause appears signatures on the left margin of each page, and also on the upper part of each left margin appears the same violet ink smudge accompanied by the written words 'Gabina Raquel' with 'by Lourdes Samonte' underneath it.

2. The proponent's evidence is to the effect that the decedent allegedly instructed Atty. Agbunag to drat her will and brought to her on January 1950. With all the witnesses with her and the lawyer, the decedent affixed her thumbmark at the foot of the document and the left margin of each page. It was also alleged that she attempted to sign using a sign pen but was only able to do so on the lower half of page 2 due to the pain in her right shoulder. The lawyer, seeing Gabina unable to proceed instructed Lourdes Samonte to write 'Gabina Raquel by Lourdes Samonte' next to each thumbmark, after which the witnesses signed at the foot of the attestation clause and the left hand margin of each page.

3. The probate was opposed by Basilia Salud, the niece of the decedent.

4. The CFI of cavite denied the probate on the ground that the attestation clause did not state that the testatrix and the witnesses signed each and every page nor did it express that Lourdes was specially directed to sign after the testatrix.

Issue: Whether or not the thumbprint was sufficient compliance with the law despite the absence of a description of such in the attestation clause

HELD: YES

The absence of the description on the attestation clause that another person wrote the testatrix' name  at her request is not a fatal defect, The legal requirement only ask that it be signed by the testator, a requirement satisfied by a thumbprint or other mark affixed by him.

As to the issue on the clarity of the ridge impression, it is held to be dependent on the aleatory circumstances. Where a testator employs an unfamiliar way of signing and that both the attestation clause and the will are silent on the matter, such silence is a factor to be considered against the authenticity of the testament. However, the failure to describe the signature itself alone is not sufficient to refuse probate when evidence fully satisfied that the will was executed and witnessed in accordance with law.