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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

Subject: Natural Persons
Topic: Proof of Death - Civil Code, Art. 43, Rules of Court, Rule 131, sec. 3 (jj)

In a civil case for the collection of a life insurance policy, the insurer denies the claim, arguing that the insured person is still alive and therefore, not entitled to the proceeds of the insurance policy. On the other hand, the beneficiary claims that the insured person has already died and provides evidence to support the claim.

Considering the provisions of the Civil Code and the Rules of Court, discuss the burden of proof and the types of evidence that may be presented to establish the death of a person in a civil case. Furthermore, explain how the court would evaluate and weigh the evidence presented by both parties in determining whether or not the insured person is indeed deceased.




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Bar Review Question: Subject: Natural Persons Topic: Proof of Death - Civil Code, Art. 43, Rules of Court, Rule 131, se