EN BANC

G.R. No. L-4067 November 29, 1951

In the Matter of the wi of !N"#R$ M#R%!&$, 'e(ea)e'. R$*!RI$ G!R%I!, petitioner,
vs.
+,LI!N! L!%,#*"!, #" !L., respondents.
Elviro L. Peralta and Hermenegildo A. Prieto for petitioner.
Faustino B. Tobia, Juan I. Ines and Federico Tacason for respondents.
-!R!*, C.J.:
This is an appeal from a decision of the Court of Appeals disallowing the will of Antero Mercado
dated January , !"#. The will is written in the $locano dialect and contains the following
attestation clause%
&e, the undersigned, 'y these presents to declare that the foregoing testament of Antero
Mercado was signed 'y himself and also 'y us 'elow his name and of this attestation clause
and that of the left margin of the three pages thereof. (age three the continuation of this
attestation clause) this will is written in $locano dialect which is spo*en and understood 'y the
testator, and it 'ears the corresponding num'er in letter which compose of three pages and
all them 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.
$n testimony, whereof, we sign this statement, this the third day of January, one thousand
nine hundred forty three, +!"#, A.-.
+.gd., N/ME0$AN1 E2AN3E4$.TA +.gd., 501.EN-A C10TE.
+.gd., B$B$ANA $44E3$B4E
The will appears to have 'een signed 'y Atty. 6lorentino Javier who wrote the name of Antero
Mercado, followed 'elow 'y 5A reugo del testator5 and the name of 6lorentino Javier. Antero
Mercado is alleged to have written a cross immediately after his name. The Court of Appeals,
reversing the 7udgement of the Court of 6irst $nstance of $locos Norte, ruled that the attestation
clause failed +!, to certify that the will was signed on all the left margins of the three pages and at
the end of the will 'y Atty. 6lorentino Javier at the e8press re9uest of the testator in the presence
of the testator and each and every one of the witnesses) +:, to certify that after the signing of the
name of the testator 'y Atty. Javier at the former;s re9uest 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) +, to certify that the three witnesses signed the will in all the pages thereon in the
presence of the testator and of each other.
$n our opinion, the attestation clause is fatally defective for failing to state that Antero Mercado
caused Atty. 6lorentino Javier to write the testator;s name under his e8press direction, as re9uired
'y section <!= of the Code of Civil (rocedure. The herein petitioner +who is appealing 'y way of
certiorari from the decision of the Court of Appeals, argues, however, that there is no need for
such recital 'ecause the cross written 'y the testator after his name is a sufficient signature and
the signature of Atty. 6lorentino Javier is a surplusage. (etitioner;s theory is that the cross is as
much a signature as a thum'mar*, the latter having 'een held sufficient 'y this Court in the cases
of -e 3ala vs. 3on>ales and 1na, ? (hil., !@#) -olar vs. -iancin, ?? (hil., #A") (ayad vs.
Tolentino, <: (hil., =#=) Neyra vs. Neyra, A< (hil., :"< and 4ope> vs. 4i'oro, =! (hil., #:".
$t is not here pretended that the cross appearing on the will is the usual signature of Antero
Mercado or even one of the ways 'y which he signed his name. After mature reflection, we are
not prepared to li*en the mere sign of the cross to a thum'mar*, and the reason is o'vious. The
cross cannot and does not have the trustworthiness of a thum'mar*.
&hat has 'een said ma*es it unnecessary for us to determine there is a sufficient recital in the
attestation clause as to the signing of the will 'y the testator in the presence of the witnesses, and
'y the latter in the presence of the testator and of each other.
&herefore, the appealed decision is here'y affirmed, with against the petitioner. .o ordered.
Feria, Pablo, Bengon, Padilla, !e"es, Jugo and Bautista Angelo, JJ., concur.