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DEFECT IN ATTESTATION CLAUSE Rosario GARCIA vs Juliana LACUESTA, et al. G.R. No.

L-4067, November 29, 1951 FACTS: A will was executed by Antero Mercado wherein it appears that it was signed by Atty. Florentino Javiwe who wrote the name of Antero. The testator was alleged to have written a cross immediately after his name. The Court of First Instance found that the will was valid but the Court of Appeals reversed the lower courts decision holding that the attestation clause failed: 1) to certify that t he will was signed on all the left margins of the three pages and at the end of the will by Atty. Javier at the express request of the testator in the presence of the testator and each and every one of the witnesses; 2) to certify that after the signing of the name of the testator by Atty. Javier at the formers request said testator has written a cross at the end of his name and on the left margin of the three pages of which the will consists and at the end thereof 3) to certify that the witnesses signed the will in all the pages thereon in the presence of the testator and of each other. Hence, this appeal. ISSUE: Whether or not the attestation clause is valid. RULING: The attestation clause is fatally defective for failing to state that Antero Mercado caused Atty. Javier to write the testators name under his express direction, as required by section 168 of the Code of Civil Procedure. It is not here pretended that the cross appearing on the will is the usual signature of Antero Mercado or even one of the ways by which he signed his name. After mature reflection, the SC is not prepared to liken the mere sign of the cross to a thumbmark and the reason is obvious. The cross cannot and does not have the trustworthiness of a thumbmark.

WHEN THE TESTATOR REQUIRES ANOTHER TO WRITE HIS NAME ON HIS BEHALF Lucio BALONAN vs. Eusebia ABELLANA, et al. G.R. No. L-15153, August 31, 1960 FACTS: The last Will and Testament sought to be probated consists in two (2) typewritten pages. The first page is signed by Juan Bello and on the left margin appears the signatures of the three (3) instrumental witnesses. On the second page appears the signature of said witnesses, at the bottom of which appears the signature of the notary public and below said signature is his designation as notary public. On the left margin of the second page (last page of the will) appears the signature of Juan Bello under whose name appears handwritten the phrase, Por la Testadore Anacleta Abellana (For the Testate of Anacleta Abellana). The will is duly acknowledged before the notary public. ISSUE: Whether or not the signature of Juan Bello above the typewritten statement, Por la Testadora Anacleta Abellana comply with the requirements of law prescribing the manner in which a will shall be executed. RULING: Article 805 of the Civil Code provides: Every will, other than a holographic will, must be subscribed at the end there of by the testator himself or by the testators name written by some other person in his presence, and by his express direction and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. The law requires that the testator himself sign the will, or if he cannot do so, the testators name must be written by some other person in his presence and by his express direction. In this case, the name of the testatrix, Anacleta Abellana does not appear written under the will by said Abellana herself, or by Dr. Juan Bello. There is therefore, a failure to comply with the express requirement in the law that the testator must himself sign the will, or that his name be affixed thereto by some other person in his presence and by his express direction. Hence, the will of the deceased Anacleta Abellana must not be admitted to probate.

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