Practice question
Competent evidence establishes that a daughter survived her father by ten minutes. Both were called to succeed each other, and all other inheritance requirements are stipulated. Must 43's no-proof presumption disregard that established sequence?
- Yes;43 permanently prohibits proof of survivorship.
- Yes; all deaths within one day are conclusively simultaneous.
- Only a full year of survival can ever matter under 43.
- The daughter's name automatically excludes her.
- No; the default for absence of proof does not replace competent proof of the actual sequence.
Legal references
- Civil Code Articles13-17 and37-46: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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