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360
LABRADOR, J.:
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"It appears on record that the last Will and Testament (Exhibit
'A'), which is sought to be probated, is written in the Spanish
language and consists of two (2) typewritten pages (pages 4 and 5
of the record) double space. The first page is signed by Juan Bello
and under his name appears typewritten 'Por la testadora
Anacleta Abellana, residence Certificate A-1167629, Enero 20,
1951, Ciudad de Zamboanga', and on the second page appears the
signature of the three (3) instrumental witnesses Blas Sebastian,
Faustino Macaso and Rafael Ignacio, at the bottom of which
appears the signature of T. de los Santos and below his signature
is his official designation as the notary public who notarized the
said testament. On the first page on the left margin of the said
instru-
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Note that the old law as well as the new require that the
testator himself sign the will, or if he cannot do so, the
testator's name must be written by some other person
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"It will be noticed from the above-quoted section 618 of the Code
of Civil Procedure that where the testator does not know how, or
is unable, to sign, it will not be sufficient that one of the attesting
witnesses signs the will at the testator's request, the notary
certifying thereto as provided in article 695 of the Civil Code,
which, in this respect, was modified by section 618 above referred
to, but it is necessary that the testator's name be written by the
person signing in his stead in the place where he would have
signed if he knew how or was able so to do, and this in the
testator's presence and by his express direction; so that a will
signed in a manner different than that prescribed by law shall not
be valid and will not be allowed to be probated.
"Where a testator does not know how, or is unable for any
reason, to sign the will himself, it shall be signed in the following
manner:
'John Doe by the testator, Richard Roe; or in this form: 'By the
testator, John Doe, Richard Roe.' All this must be written by the
witness signing at the request of the testator.
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The same ruling was laid down in the case of Cuison vs.
Concepcion, 5 Phil., 552. In the case of Barut vs.
Cabacungan, 21 Phil., 461, we held that the important
thing is that it clearly appears that the name of the
testatrix was signed at her express direction; it is
unimportant whether the person who writes the name of
the testatrix signs his own or not. Cases of the same import
are as follows: (Ex Parte Juan Ondevilla, 13 Phil., 479,
Caluya vs. Domingo, 27 Phil., 330; Garcia vs. Lacuesta, 90
Phil., 489).
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