Joaquin vs.

Navarro
No. L-5426-28, May 29, 1943, Tuason, J.

Ariadne Villanueva Law 100 Persons Group B4


The courts tried to resolve the order of deaths, particularly that of Joaquin Navarro Jr. and
his mother Angela Joaquin, to determine the right of succession of Ramon Joaquin, natural child of
Angela Joaquin and adopted son of the spouses, and Antonio Navarro, son of Joaquin Navarro Sr. by
first marriage.
The trial court found the deaths to have occurred in this order: 1.) The Navarro Girls 2.)
Joaquin Navarro Jr. 3.) Angela Joaquin de Navarro 4.) Joaquin Navarro Sr.
But the Court of Appeals declared that Joaquin Navarro Jr. survived his mother.

FACTS
On Feb. 16. 1945, during the battle for liberation, the spouses Joaquin Navarro Sr. and
Angela Joaquin, their three daughters, their son Joaquin Navarro Jr. and his wife, Adela Conde, were
seeking refuge at the ground floor of the building German Club. The building was full of refugees,
shells were exploding around, and the building was set on fire. The three daughters were shot by the
Japanese, and died. Joaquin Navarro Sr. and Joaquin Navarro Jr. then decided to leave and search for
a safer haven but Angela Joaquin refused to join them. And so Joaquin Navarro Sr., Joaquin Navarro
Jr., Adela Conde and a friend, Fracisco Lopez, dashed out of the burning building. As they came out,
Joaquin Navarro Jr. was shot in the head. Minutes later, the burning building collapsed and trapped
many people inside, presumably including Angela Joaquin. A few days later, Joaquin Navarro Sr. and
Adela Conde died after encountering Japanese patrols.

ISSUES/HELD
Whether or not Rule 123, section 69ii of the Revised Rules of Court or Art. 43(33) of the Civil Code
is applicable to the case at bar? NO.
Whether or not the son died before his mother? YES.

RATIONALE
Rule 123, section 69 (ii) of the Revised Rules of Court:
When two person perish in the same calamity, such as wreck, battle or conflagration, and it is
not (1) shown who died first, and there are no (2) particular circumstances from when it can be
inferred, the survivorship is presumed from the probabilities resulting from the strength
and ages of the sexes, according to the following rules:
Article 33 of the Civil Code of 1889:
Whenever a doubt arises as to which was the first to die to the two or more persons who would
inherent one from the other, the persons who alleges the prior death of either must prove the
allegation; in the absence of proof the presumption shall be that they died at the same
time, and no transmission of rights from one to the other shall take place.

Both provisions were intended to substitute for facts, and so are not to be available when there are
facts. In the language of sec, 69ii, the evidence of survivorship may be direct, indirect, circumstantial
or inferential. If a rational conclusion can be made from the facts or circumstances presented
regarding the death of one of the other, then the court need not apply statutory presumption.

Through the testimony given by Francisco Lopez, one can arrive at a reasonable inference that
Joaquin Navarro Jr. died before his mother. Although there is a possibility that the mother died
before her son, this is based only on speculations without any foundation on facts. The decision of
the Court of Appeals was reversed.