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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSA. Natural Persons3. Proof of Death - Civil Code, Art. 43, Rules of Court, Rule 131, sec. 3 (jj)

Question

A. Natural Persons - Proof of Death

In a legal dispute involving the estate of a deceased individual, proof of death is an essential requirement. Consider the following scenario:

1. Eduardo passed away unexpectedly, leaving behind a substantial estate. His siblings, Rosalie and Victor, are both claiming entitlement to the inheritance. Rosalie presents a death certificate purportedly issued by the local civil registrar, while Victor contests its validity.

Based on the provisions of the Civil Code and the Rules of Court, specifically Article 43 of the Civil Code and Rule 131, Section 3 (jj) of the Rules of Court, evaluate the following:

  1. Discuss the legal requirements for proving the death of an individual in accordance with the Civil Code and the Rules of Court.
  2. Analyze the evidentiary value and admissibility of a death certificate issued by the local civil registrar in establishing the death of an individual.
  3. Explain the possible defenses that Victor can raise to challenge the validity of the presented death certificate.



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Bar Review Question: A. Natural Persons - Proof of Death In a legal dispute involving the estate of a deceased individu