FACTS: During the
battle of liberation of Manila on February 6, 1945, the following sought refuge
on the ground floor of German Club building: Joaquin Navarro Sr (70); Angela
Joaquin (67); daughter Pilar (32-33); daughter Concepcion (23-25); son Joaquin
Natividad Jr (30); and wife of Jr Adela Conde (--). The building was set on
fire and Japanese started shooting the daughters who fell. Sr. decided to leave
the building. His wife didn’t want to leave so he left with his son, Jr., and
Jr.’s wife and neighbor Francisco Lopez. As they came out, Jr. was hit and fell
on the ground and rest lay flat on the ground to avoid bullets. German Club
collapsed trapping many people presumably including Angela Joaquin. Sr., Adela,
and Francisco sought refuge in an air aid shelter where they hid for 3 days. On
February 10, 1945, on their way to St. Theresa Academy, they met Japanese
patrols. Sr. and Adela were hit and killed. The trial court ruled that Angela
Joaquin outlived her son while CA ruled that son outlived his mother.
ISSUE: W/N the
son/mother died first before the other.
[If the son died
first, petitioner would reap the benefits of succession. If mother died first,
respondent Antonio, son of Jr. by his first marriage, would inherit]
HELD: Based on the
story of Francisco Lopez, Jr. died before his mother did. This presumption was
based on speculations, not evidence. Gauged by the doctrine of preponderance of
evidence on which civil cases are to be decided, this inference should prevail.
Evidence of survivorship may be direct, indirect, circumstantial or
inferential.
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