G.R. No. L-4067 – 90 Phil. 189 – Civil Law – Succession – Signature of The testator – Signing Using an X Mark – Signing for the Testator
Antero Mercado left a will dated January 3, 1943. The will appears to have been signed by Atty. Florentino Javier as he wrote the name of Antero Mercado and his name for the testator on the will. HOWEVER, immediately after Antero Mercado’s will, Mercado himself placed an “X” mark.
The attestation clause was signed by three instrumental witnesses. Said attestation clause states that all pages of the will were “signed in the presence of the testator and witnesses, and the witnesses in the presence of the testator and all and each and every one of us witnesses.” The attestation clause however did not indicate that Javier wrote Antero Mercado’s name.
ISSUE: Whether or not the will is valid.
HELD: No. The attestation clause is fatally defective for failing to state that Antero Mercado caused Atty. Florentino Javier to write the testator’s name under his express direction, as required by Section 618 of the Code of Civil Procedure.
But is there really a need for such to be included in the attestation clause considering that even though Javier signed for Antero, Antero himself placed his signature by virtue of the “X” mark, and by that, Javier’s signature is merely a surplusage? That the placing of the “X” mark is the same as placing Antero’s thumb mark.
No. It’s not the same as placing the testator’s thumb mark. It would have been different had it been proven that the “X” mark was Antero’s usual signature or was even one of the ways by which he signs his name. If this were so, failure to state the writing by somebody else would have been immaterial, since he would be considered to have signed the will himself.
