Philippine Bar review · Question

Practice question: Natural Persons

Multiple Choice Medium

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?
  1. Yes;43 permanently prohibits proof of survivorship.
  2. Yes; all deaths within one day are conclusively simultaneous.
  3. Only a full year of survival can ever matter under 43.
  4. The daughter's name automatically excludes her.
  5. 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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