Joaquin v. Navarro, G.R. Nos. L-5426-28, May 29, 1953

Ponente: TUASON, J.

Facts: 

On Feb 6, 1945, the Navarro Family took refuge in the ground floor of the German Club Building.

All three of Joaquin Navarro, Sr’s daughters died when the Japanese started shooting at the people inside the building.

Joaquin Navarro Sr, his son Joaquin Navarro Jr, Adela Conde(his son's wife) and a  family friend Francisco Lopez abandoned the building.

Angela Joaquin Navarro refused to join them.

As they came out, Joaquin Jr was shot in the head by a Japanese soldier.

Minutes later the German Club Building, which was on fire, collapsed.

Joaquin Navarro Sr, Adela Conde and Francisco Lopez managed to reach an air raid shelter. They stayed there for 3 days.

On Feb 10, the three fled toward St. Theresa Academy, but unfortunately met Japanese patrols, who fired at them

Joaquin Navarro Sr and his daughter in law died.

Franciso Lopez survived.

After the war, three proceedings were instituted in the CFI Manila for the summary settlement of the estates of Joaquin Navarro, Sr., his wife Angela Joaquin de Navarro, and Joaquin Navarro, Jr.

CFI Manila found the deaths of these persons to have occurred in this order: 1st. The Navarro girls, named Pilar, Concepcion and Natividad; 2nd. Joaquin Navarro, Jr.; 3rd. Angela Joaquin de Navarro, and 4th, Joaquin Navarro, Sr.

CA concurred with the trial court except that, with regard to Angela Joaquin de Navarro and Joaquin Navarro, Jr., the latter was declared to have survived his mother.

Ratio of CA: No evidence shows that Joaquin Jr died before his mother Angela. No one saw her alive after her son left her aside, and that there is no proof when she died. CA opined that this circumstance alone cannot support a finding that she died later than her son, and thus the statutory presumption provided in the RoC must be applied. Hence the son Joaquin Navarro, Jr. aged 30, must be deemed to have survived his mother, Angela Joaquin, who was admittedly above 60 years of age

Hence, this appeal to the SC.

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Issue 1 of 2:   Is the presumption stated undere Rule 123, section 69(ii) of the RRC (now Rule 131(jj)) applicable to this case?

Held: It is not applicable. It is applicable only when facts are unknown and unknowable, but in this case, the testimony of Francisco Lopez is both competent and sufficient to solve the problem of survivorship between Angela Joaquin and her son.

Issue 2 of 2: Whether Angela Joaquin de Navarro died before Joaquin Navarro, Jr., or vice versa.

Held: Joaquin Navarro, Jr. died before Angela Joaquin.

While the possibility that the mother died before the son cannot be ruled out, that possibility is nevertheless ENTIRELY SPECULATIVE, while the opposite theory, which is deduced from established facts, is HIGHLY PROBABLE. Gauged by the doctrine of preponderance of evidence, the opposite theory prevails.

Joaquin Navarro, Jr., it will be recalled, was killed, while running, in front of, and 15 meters from, the German Club. Still in the prime of life, 30, he must have negotiated that distance in five seconds or less, and so died within that interval from the time he dashed out of the building. Now, when Joaquin Navarro, Jr. with his father and wife started to flee from the clubhouse, the old lady was alive and unhurt, so much so that the Navarro father and son tried hard to have her come along. She could have perished within those five or fewer seconds, as stated, but the probabilities that she did seem very remote.

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