JOAQUIN VS.

NAVARRO Case Digest

JOAQUIN VS. NAVARRO Facts: Feb. 6, 1945: battle of liberation of Manila, Joaquin Navarro, Sr., 70, wife Angela Joaquin, 67, daughters Pilar (32-33), Concepcion, and Natividad (23-25), son Joaquin Navarro, Jr., 30 and his wife Adela Conde sought refuge on the ground floor of German Club Building. Building was set on fire and Japanese started shooting hitting the three daughters who fell. Sr. decided to leave building. His wife didnt want to leave so he left with his son, his sons wife and neighbor Francisco Lopez . As they came out, Jr. was hit and fell on the ground the rest lay flat on the ground to avoid bullets. German Club collapsed trapping may people presumably including Angela Joaquin. Sr., Adela and Francisco sought refuge in an air raid shelter where they hid for three days. Feb. 10, 1945: on their way to St.Theresa Academy, they met Japanese patrols, Sr. and Adela were hit and killed. Trial Court ruled that Angela Joaquin outlived her son while Court of Appeals ruled that son outlived his mother. Issue: Order of death of Angela Joaquin and Joaquin Navarro, Jr. Held: Reversed .Art. 43 civil code: Whenever a doubt arises as to which was the first to die of the two or more persons who would inherit one from the other, the person who alleges prior death of either must prove the allegation; in the absence of proof the presumption shall be that they died at the same time and no transmission of rights from one to the other shall take place. 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. 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.