GARCIA v. LACUESTA

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

RATIONALE: Where the cross appearing on a will is not the usual signature of the testator or even one of the ways by which he signed his name, that cross cannot be considered a valid signature.

FACTS: 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 testatior 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 a cross is a mark acceptable testator’s mark.

RULING: No. It is not here presented that the cross appearing on the will is the usual signature of the testator or even one of the ways by which he signed his name. The mere sing of a cross cannot be likened to a thumbmark, because the cross cannot and does not have the trustworthiness of a thumbmark.