Garcia v.

Lacuesta

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.