Philippine Bar review · Question

Practice question: Natural Persons

Multiple Choice Medium

Practice question

Two persons called to succeed each other die in an accident. There is no proof of their order of death. A relative asserts earlier death based only on the relative's wish to increase a share. What follows under 43?
  1. The preferred share conclusively establishes the sequence.
  2. The claimant may select the order by affidavit without factual basis.
  3. The richer person must necessarily survive.
  4. The asserted sequence must be proved; wish alone does not defeat the simultaneous-death default.
  5. All estates automatically become ownerless.

Legal references

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

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