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Lacuesta (90 P 489)

CASE DIGEST: GARCIA V. LACUESTA (90 P 489)
Published by paul on June 25, 2013 | Leave a response

Garcia v. Lacuesta
90 P 489

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.

HELD:

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.