AUREA MATIAS v HON. PRIMITIVO L.

GONZALES
J. Concepcion
June 29, 1957
GR No L-10907
Doctrine
A thumb mark is a sufficient signature of the testator. In fact, it is always and under any and all circumstances a valid way to sign a
will.

Summary
Facts

Ratio/Issues

Reason: It is less posssible to forge. A thumb mark is always a valid way of signing whether literate or illiterate.
Testator used her thumb mark instead of her signature in her will because she had a hard time signing. The Court held that her
thumbmark is sufficient.

This case is an appeal from a CFI Cavite order denying the probate of the will of Gabina Raquel.

DESCRIPTION OF THE WILL:

1. The document consist of 3 pages and it seems that after the attestation clause, there appears the siganture of the
testatrix 'Gabina Raquel', alongside is a smudged in violet ink claimed by the proponents as the thumbmark
allegedly affixed by the testatrix.
2. 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 have it
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. It must be noted that Gabina Raquel was suffering from herpes zoster that afflicted the right
arm and shoulder of the testatrix, which made writing difficult and a painful act.

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.

The probate was opposed by Basilia Salud, the niece of the decedent.

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.
1.

Whether or not the thumbprint was sufficient compliance with the law despite the absence of a description of such in the
attestation clause [YES]

The absence of the description on the attestation clause that another person wrote the testatrix' name at her request is not a
fatal defect, The legal requirement only ask that it be signed by the testator, a requirement satisfied by a thumbprint or other
mark affixed by him.

And as to the validity of the thumbprints as signature, the SC held that it has been held in a long line of cases that a
thumbprint is always a valid and sufficient signature for the purpose of complying with the requirement of the article.

Furthermore, the validity of thumbprints should not be limited in cases of illness or infirmity. A thumbprint is considered as a
valid and sufficient signature in complying with the requirements of the article.
Held
Petition GRANTED. Judgment of lower court is NULLIFIED. The lower court should re-hear the matter of removal of Horacio
Rodriguez and appointment of special administrators, after due notice to all parties concerned, for action in conformity with the
views expressed herein, with costs against respondents Victorina Salud and Ramon Plata. It is so ordered.
Prepared by: Carla Cucueco [Transpo | Angeles]