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)

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Review Question A: Natural Persons - Proof of Death

Mr. Torres, a resident of Manila, passed away under mysterious circumstances. His wife, Mrs. Torres, believes that the cause of his death was a deliberate act committed by his business partner, Mr. Santos. Mrs. Torres decides to file a case against Mr. Santos to seek justice for her late husband.

As Mrs. Torres prepares her case, she encounters legal challenges regarding the proof of Mr. Torres' death. She wants to establish the fact that her husband is deceased and that foul play was involved. In this context, please answer the following questions:

What are the different modes of proof of death recognized under the Civil Code?
Under the Rules of Court, what is the effect of a judgment declaring a person presumed dead?
Can Mrs. Torres present hearsay evidence to prove the cause of her husband's death?
What other evidence can Mrs. Torres present to support her claim of foul play?

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