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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

Maria is the sole heir of her deceased father's estate. However, before she can claim her inheritance, she needs to establish the fact of her father's death. She presents a death certificate issued by the local civil registrar as proof. However, her father's long-lost brother, Juan, contests the validity of the death certificate and claims that his brother is still alive. He argues that the death certificate is not sufficient evidence of death.

As the judge presiding over the case, you need to determine the validity of the death certificate presented by Maria and assess if it meets the requirements for proof of death.

  1. Discuss the legal requirements for proving the fact of death in the Philippines.
  2. Examine the relevance and admissibility of a death certificate as evidence of death.
  3. Analyze the possible challenges that Juan may raise regarding the authenticity or validity of the death certificate.
  4. Provide a legal opinion on whether the death certificate offered by Maria is sufficient evidence to establish the fact of her father's death, considering the applicable laws and rules of court.



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Bar Review Question: A. Natural Persons: Proof of Death Maria is the sole heir of her deceased father's estate. However