Garcia vs. Lacuesta, et al.

A mere cross is not equivalent to a thumbmark and cannot serve as a valid signature for a will; an attestation clause is fatally defective if it fails to state that the testator caused another to sign the testator's name under his express direction.

Probate proceedings for the will of Antero Mercado, which was written in the Ilocano dialect and signed by a third party at the testator's request, with the testator placing a cross instead of writing his name or affixing a thumbmark.

• Original Filing: Court of First Instance (CFI) of Ilocos Norte
• Lower Court Decision: CFI allowed the will.
• Appeal: CA reversed the CFI and disallowed the will.
• SC Action: Petition for review on certiorari filed by petitioner challenging the CA decision.

• The Will: Antero Mercado executed a will dated January 3, 1943, written in the Ilocano dialect across three pages.
• The Signatures: Atty. Florentino Javier wrote the name "Antero Mercado," followed by "A ruego del testador" and his own name. Mercado allegedly wrote a cross immediately after his name written by Javier.
• The Attestation Clause: The clause declared the testator signed, and the witnesses signed in the presence of the testator and each other. It failed to explicitly state that Mercado caused Javier to write his name under his express direction.

• The attestation clause does not need to recite that the testator caused another to sign for him because the cross written by the testator is a sufficient signature.
• Atty. Javier's signature is mere surplusage if the cross is accepted as a valid signature.
• A cross is equivalent to a thumbmark, which has been held sufficient by the SC in previous cases (De Gala vs. Gonzales and Ona, Dolar vs. Diancin, Payad vs. Tolentino, Neyra vs. Neyra, Lopez vs. y Liboro).

• (Derived from CA ruling) The attestation clause is defective because it fails to certify: (1) that the will was signed on all left margins and at the end by Atty. Javier at the express request of the testator in the presence of the witnesses; (2) that the testator wrote a cross at the end of his name and on the left margins; and (3) that the three witnesses signed all pages in the presence of the testator and each other.

• Procedural Issues: N/A
• Substantive Issues:
  • Whether a cross made by the testator is a sufficient signature equivalent to a thumbmark.
  • Whether the attestation clause is fatally defective for failing to state that the testator caused another to sign his name under his express direction.

• Procedural: N/A
• Substantive:
  • A cross is not equivalent to a thumbmark and cannot serve as a valid signature. A thumbmark possesses inherent trustworthiness that a mere cross does not. It was not even claimed that the cross was Mercado's usual signature or one of his customary ways of signing.
  • Because the cross is invalid as a signature, the signature by another (Javier) must comply with the formal requirements of the Code of Civil Procedure. The attestation clause must expressly state that the testator caused the other person to sign under his express direction. The clause here failed to include this recital, rendering the will fatally defective.

• Trustworthiness of a Cross vs. Thumbmark — A mere cross cannot be likened to a thumbmark because it lacks the inherent trustworthiness of a thumbmark. A cross is not a valid signature for a will unless it constitutes the testator's usual signature.
• Attestation Clause Requirements for Signature by Another — When a testator cannot sign and causes another to sign for him, the attestation clause must expressly state that the testator caused the other person to sign under his express direction. Omission of this recital is a fatal defect.

• Section 618, Code of Civil Procedure — Requires that if the testator causes another to sign for him, it must be under his express direction, and the attestation must show this fact. The SC applied this to rule that the attestation clause was fatally defective for failing to state that Mercado caused Atty. Javier to write his name under his express direction.