JOAQUIN VS.

NAVARRO 93 Phil 257

Facts: This was a summary proceeding to resolve the order of the deaths of Joaquin Navarro Jr and his Angela. While the battle for the liberation of Manila was raging, the whole family sought refuge at the German Club. While staying there, it was set on fire and the Japs were shooting at the fleeing refugees. 3 daughters were shot dead, Angela refused to leave the place while JN Jr, wife, FL & JN Sr fled. JN jr was shot while coming out. Moments later, the German Club collapsed. CA said that the mother died before the son on the basis that she could have died immediately after for a variety of causes. Issue: Whether the mother died before JN Jr. Held: In light of the conditions painted by FL, a fair inference can be arrived at that JN Jr died before his mother. The presumption that AJ died before her son was based on speculations, not evidence. Gauged by the doctrine of preponderance of evidence by which civil cases are decided, this inference should prevail. Evidence of survivorship may be (1) direct (2) indirect (3) circumstantial or (4) inferential. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Art. 43 Speaks about resolving doubt when 2 or more persons are called to succeed each other as to which of them died first. In the Civil Code, in the absence of proof, it is presumed that they died at the same time, and there shall be no transmission of rights from one to another. In the Rules of Court, in cases of calamity, there is a hierarchy of survivorship.