8/11/2019 Law100-Joaquin v Navarro | B4

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Joaquin vs. NavarroNo. L-5426-28, May 29, 1943, Tuason,J.

Ariadne Villanueva Law 100 Persons Group B4

The courts tried to resolve the order of deaths, particularly that of Joaquin Navarro Jr. andhis mother Angela Joaquin, to determine the right of succession of Ramon Joaquin, natural child of

Angela Joaquin and adopted son of the spouses, and Antonio Navarro, son of Joaquin Navarro Sr. byfirst marriage.

The trial court found the deaths to have occurred in this order: 1.) The Navarro Girls 2.)Joaquin Navarro Jr. 3.) Angela Joaquin de Navarro 4.) Joaquin Navarro Sr.But the Court of Appeals declared that Joaquin Navarro Jr. survived his mother.

FACTSOn Feb. 16. 1945, during the battle for liberation, the spouses Joaquin Navarro Sr. and

Angela Joaquin, their three daughters, their son Joaquin Navarro Jr. and his wife, Adela Conde, wereseeking refuge at the ground floor of the building German Club. The building was full of refugees,

shells were exploding around, and the building was set on fire. The three daughters were shot by theJapanese, and died. Joaquin Navarro Sr. and Joaquin Navarro Jr. then decided to leave and search for

a safer haven but Angela Joaquin refused to join them. And so Joaquin Navarro Sr., Joaquin NavarroJr., Adela Conde and a friend, Fracisco Lopez, dashed out of the burning building. As they came out,Joaquin Navarro Jr. was shot in the head. Minutes later, the burning building collapsed and trappedmany people inside, presumably including Angela Joaquin. A few days later, Joaquin Navarro Sr. andAdela Conde died after encountering Japanese patrols.

ISSUES/HELDWhether or not Rule 123, section 69ii of the Revised Rules of Court or Art. 43(33) of the Civil Code

is applicable to the case at bar? NO.

Whether or not the son died before his mother?YES.

RATIONALE

Rule 123, section 69 (ii) of the Revised Rules of Court :When two person perish in the same calamity, such as wreck, battle or conflagration, and it isnot (1) shown who died first, and there are no (2) particular circumstances from when it can beinferred, the survivorship is presumed from the probabilities resulting from the strengthand ages of the sexes, according to the following rules:

Article 33 of the Civil Code of 1889:Whenever a doubt arises as to which was the first to die to the two or more persons who wouldinherent one from the other, the persons who alleges the prior death of either must prove theallegation; in the absence of proof the presumption shall be that they died at the sametime, and no transmission of rights from one to the other shall take place.

Both provisions were intended to substitute for facts, and so are not to be available when there arefacts. In the language of sec, 69ii, the evidence of survivorship may be direct, indirect, circumstantialor inferential. If a rational conclusion can be made from the facts or circumstances presented

regarding the death of one of the other, then the court need not apply statutory presumption.

Through the testimony given by Francisco Lopez, one can arrive at a reasonable inference thatJoaquin Navarro Jr. died before his mother. Although there is a possibility that the mother died

before her son, this is based only on speculations without any foundation on facts. The decision ofthe Court of Appeals was reversed.