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Matias vs. Salud

The Supreme Court upheld the validity of Gabina Raquel's will despite challenges to her thumbprint signature. While the attestation clause did not state that another person wrote her name at her request, this alone is not a fatal defect under the law. The evidence showed the will was properly executed and witnessed according to legal requirements. However, silence about an unfamiliar signature, like a thumbprint, can cast doubt on authenticity. Ultimately, the failure to fully describe the signature is not enough to deny probate when other evidence establishes the will's valid execution.

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Edz Votefornoymar Del Rosario
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96 views1 page

Matias vs. Salud

The Supreme Court upheld the validity of Gabina Raquel's will despite challenges to her thumbprint signature. While the attestation clause did not state that another person wrote her name at her request, this alone is not a fatal defect under the law. The evidence showed the will was properly executed and witnessed according to legal requirements. However, silence about an unfamiliar signature, like a thumbprint, can cast doubt on authenticity. Ultimately, the failure to fully describe the signature is not enough to deny probate when other evidence establishes the will's valid execution.

Uploaded by

Edz Votefornoymar Del Rosario
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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15. Matias vs.

Salud  The absence of the description on the attestation clause that another person wrote the
G.R. No. L-10751 testatrix' name at her request is not a fatal defect. The legal requirement only ask that it be
1956 signed by the testator, a requirement satisfied by a thumbprint or other mark affixed by
him.
Petitioners: Aurea Matias
Respondents: Basilia Salud  As to the issue on the clarity of the ridge impression, it is held to be dependent on the
Ponente: J. Concepcion aleatory circumstances. Where a testator employs an unfamiliar way of signing and that
both the attestation clause and the will are silent on the matter, such silence is a factor to
FACTS: be considered against the authenticity of the testament. However, the failure to describe
the signature itself alone is not sufficient to refuse probate when evidence fully satisfied
 CFI Cavite order denied the probate of the will of Gabina Raquel. The document consists of that the will was executed and witnessed in accordance with law.
3 pages and it seems that after the attestation clause, there appears the signature of the
testatrix 'Gabina Raquel', alongside is a smudged in violet ink claimed by the proponents as
the thumbmark allegedly affixed by the tetratrix. On the third page at the end of the
attestation clause appears signatures on the left margin of each page, and also on the upper
part of each left margin appears the same violet ink smudge accompanied by the written
words 'Gabina Raquel' with 'by Lourdes Samonte' underneath it.
 The proponent's evidence is to the effect that the decedent allegedly instructed Atty.
Agbunag to draft her will and brought to her on January 1950. With all the witnesses with
her and the lawyer, the decedent affixed her thumbmark at the foot of the document and
the left margin of each page. It was also alleged that she attempted to sign using a sign pen
but was only able to do so on the lower half of page 2 due to the pain in her right shoulder.
The lawyer, seeing Gabina unable to proceed instructed Lourdes Samonte to write 'Gabina
Raquel by Lourdes Samonte' next to each thumbmark, after which the witnesses signed at
the foot of the attestation clause and the left hand margin of each page. (Note: Gabina
Raquel was suffering from herpes zoster that afflicted the right arm and shoulder.)
 The probate was opposed by Basilia Salud, the niece of the decedent. One of the points
raised by the oppositors was that the finger mark can not be regarded as the decedent’s
valid signature as it does not show distinct identifying ridgelines. And since the finger mark
was an invalid signature, there must appear in the attestation clause that another person
wrote the testator’s name at his request.
 The CFI of cavite denied the probate on the ground that the attestation clause did not state
that the testatrix and the witnesses signed each and every page nor did it express that
Lourdes was specially directed to sign after the testatrix.

ISSUE: W/N the will was valid.

HELD:

YES

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