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All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ A. Natural Persons ▸ 3. Proof of Death - Civil Code, Art. 43, Rules of Court, Rule 131, sec. 3 (jj)

Question

Natural Persons: Proof of Death

Mr. Juan dela Cruz, a resident of Manila, passed away under mysterious circumstances. His relatives are now faced with the need to prove his death in order to settle his estate. As their legal advisor, answer the following questions:

  1. What are the methods of proving the death of a person under Philippine law?
  2. What are the requirements for a judicial declaration of presumptive death?
  3. Can the presentation of a death certificate be sufficient to establish the fact of death? Discuss.
  4. In the absence of a deceased person's body, what other evidence can be used to prove death?
  5. Under what circumstances can a person be declared legally dead?


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Bar Review Question: Natural Persons: Proof of Death Mr. Juan dela Cruz, a resident of Manila, passed away under myster