Philippine Bar review · Question

Practice question: Natural Persons

Multiple Choice Hard

Practice question

One branch claims transmission through A to B; the other claims transmission through B to A. The two were called to succeed each other, and neither branch proves prior death. Under 43, may the court simply choose whichever sequence produces equal shares?
  1. Yes; equal shares conclusively prove chronology.
  2. No; apply the stated simultaneous-death and no-interperson-transmission rule rather than invent a sequence.
  3. Yes; the first lawyer to file chooses the order.
  4. Yes; wealth automatically establishes survival.
  5. No; because no person can ever prove an order of death.

Legal references

  • Civil Code Articles13-17 and37-46: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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