GARCIA VS LACUESTA

FACTS:

Antero Mercado died leaving a will in the Ilocano dialect dated January 3, 1943. The will appears to have
been signed by Atty. Florentine Javier who wrote the name of the deceased, followed by “A ruego del
testator” and the names of Florentine Javier. Antero Mercado is alleged to have written a cross
immediately after his name.

The attestation clause was signed by three instrumental witnessed. 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 Atty. Florentine Javier wrote Antero Mercado’s name.

ISSUE: Whether or not the will is valid.

RULING:

No, the Supreme Court ruled that the will is fatally defective rendering it invalid. The attestation clause
was fatally defective for failing to state that Antero Mercado caused Atty. Florentine Javier to write the
testator’s name under his express direction, as required by Sec. 618 of the Code of Civil Procedure.