Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 61 views

    Joaquin v. Navarro, 93 Phil 257: G.R. No. L-5426 May 29, 1953

    Uploaded by

    Ali Namla
    The document summarizes a court case regarding the succession of property following the deaths of Joaquin Navarro Sr., his wife Angela Joaquin, and their son Joaquin Navarro Jr. during the liberation of Manila in 1945. It describes how the family sought refuge in a building that was set on fire by Japanese soldiers. Based on witness testimony that Jr. was shot and fell before the building collapsed, trapping many inside including Angela, the court ruled that Jr. had died before his mother based on the preponderance of evidence. This determined that the petitioner in the case would inherit the estate rather than the son of Jr. from his first marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Joaquin v. Navarro, 93 Phil 257: G.R. No. L-5426 May 29, 1953

    Uploaded by

    Ali Namla
    61 views1 page
    The document summarizes a court case regarding the succession of property following the deaths of Joaquin Navarro Sr., his wife Angela Joaquin, and their son Joaquin Navarro Jr. during the liberation of Manila in 1945. It describes how the family sought refuge in a building that was set on fire by Japanese soldiers. Based on witness testimony that Jr. was shot and fell before the building collapsed, trapping many inside including Angela, the court ruled that Jr. had died before his mother based on the preponderance of evidence. This determined that the petitioner in the case would inherit the estate rather than the son of Jr. from his first marriage.

    Original Title

    Joaquin v

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document summarizes a court case regarding the succession of property following the deaths of Joaquin Navarro Sr., his wife Angela Joaquin, and their son Joaquin Navarro Jr. during the liberation of Manila in 1945. It describes how the family sought refuge in a building that was set on fire by Japanese soldiers. Based on witness testimony that Jr. was shot and fell before the building collapsed, trapping many inside including Angela, the court ruled that Jr. had died before his mother based on the preponderance of evidence. This determined that the petitioner in the case would inherit the estate rather than the son of Jr. from his first marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    61 views1 page

    Joaquin v. Navarro, 93 Phil 257: G.R. No. L-5426 May 29, 1953

    Uploaded by

    Ali Namla
    The document summarizes a court case regarding the succession of property following the deaths of Joaquin Navarro Sr., his wife Angela Joaquin, and their son Joaquin Navarro Jr. during the liberation of Manila in 1945. It describes how the family sought refuge in a building that was set on fire by Japanese soldiers. Based on witness testimony that Jr. was shot and fell before the building collapsed, trapping many inside including Angela, the court ruled that Jr. had died before his mother based on the preponderance of evidence. This determined that the petitioner in the case would inherit the estate rather than the son of Jr. from his first marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Joaquin v.

    Navarro, 93 Phil 257


    G.R. No. L-5426          
    May 29, 1953

    FACTS:
    - During the battle of liberation of Manila on February 6, 1945, the following sought
    refuge on the ground floor of German Club building: Joaquin Navarro Sr (70);
    Angela Joaquin (67); daughter Pilar (32-33); daughter Concepcion (23-25); son
    Joaquin Natividad Jr (30); and wife of Jr Adela Conde (--).
    - The building was set on fire and Japanese started shooting the daughters who
    fell. Sr. decided to leave the building.
    - His wife didn’t want to leave so he left with his son, Jr., and Jr.’s wife and
    neighbor Francisco Lopez. As they came out, Jr. was hit and fell on the ground
    and rest lay flat on the ground to avoid bullets. German Club collapsed trapping
    many people presumably including Angela Joaquin. Sr., Adela, and Francisco
    sought refuge in an air aid shelter where they hid for 3 days.
    - On February 10, 1945, on their way to St. Theresa Academy, they met Japanese
    patrols. Sr. and Adela were hit and killed. The trial court ruled that Angela
    Joaquin outlived her son while CA ruled that son outlived his mother.

    ISSUE:
    W/N the son/mother died first before the other.
    [If the son died first, petitioner would reap the benefits of succession. If mother died first,
    respondent Antonio, son of Jr. by his first marriage, would inherit]

    HELD:

    - Based on the story of Francisco Lopez, Jr. died before his mother did. This
    presumption was based on speculations, not evidence. Gauged by the doctrine
    of preponderance of evidence on which civil cases are to be decided, this
    inference should prevail. Evidence of survivorship may be direct, indirect,
    circumstantial or inferential.
    - "At the time of the masaccre, Joaquin Navarro, Sr. was aged 70; his
    wife Angela Joaquin was about 67 years old; Joaquin Navarro, Jr.,
    about 30; Pilar Navarro was two or three years older than her brother;
    while the other sisters, Concepcion and Natividad Navarro y Joaquin,
    were between 23 and 25."

    You might also like