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    Joaquin vs. Navarro (Digest)

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    Tini Guanio
    1) In 1945, during the battle for Manila, the Joaquin Navarro family sought refuge in a burning building that was being shelled. Three daughters were shot and the building collapsed, trapping many inside. 2) Joaquin Navarro Jr. was shot in the head as he exited the building. His father and others managed to reach a shelter but were later killed by Japanese soldiers. 3) The issue is whether the mother, Angela Joaquin, died before or after her son Joaquin Navarro Jr. The court found that based on the circumstances, it can reasonably be inferred that the mother outlived the son.

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    Joaquin vs. Navarro (Digest)

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    Tini Guanio
    1K views2 pages
    1) In 1945, during the battle for Manila, the Joaquin Navarro family sought refuge in a burning building that was being shelled. Three daughters were shot and the building collapsed, trapping many inside. 2) Joaquin Navarro Jr. was shot in the head as he exited the building. His father and others managed to reach a shelter but were later killed by Japanese soldiers. 3) The issue is whether the mother, Angela Joaquin, died before or after her son Joaquin Navarro Jr. The court found that based on the circumstances, it can reasonably be inferred that the mother outlived the son.

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    Joaquin vs. Navarro (digest)

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    1) In 1945, during the battle for Manila, the Joaquin Navarro family sought refuge in a burning building that was being shelled. Three daughters were shot and the building collapsed, trapping many inside. 2) Joaquin Navarro Jr. was shot in the head as he exited the building. His father and others managed to reach a shelter but were later killed by Japanese soldiers. 3) The issue is whether the mother, Angela Joaquin, died before or after her son Joaquin Navarro Jr. The court found that based on the circumstances, it can reasonably be inferred that the mother outlived the son.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views2 pages

    Joaquin vs. Navarro (Digest)

    Uploaded by

    Tini Guanio
    1) In 1945, during the battle for Manila, the Joaquin Navarro family sought refuge in a burning building that was being shelled. Three daughters were shot and the building collapsed, trapping many inside. 2) Joaquin Navarro Jr. was shot in the head as he exited the building. His father and others managed to reach a shelter but were later killed by Japanese soldiers. 3) The issue is whether the mother, Angela Joaquin, died before or after her son Joaquin Navarro Jr. The court found that based on the circumstances, it can reasonably be inferred that the mother outlived the son.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    RAMON JOAQUIN vs.

    AUROMO NAVARRO
    GR No. L-5426-28 – May 29, 1953
    Tuason
    SUBJECT:

    FACTS:
    On February 6, 1945, while the battle for the liberation of Manila was raging, the spouses of
    Joaquin Navarro, Sr. (JN, Sr.) and Angela Joaquin (AJ), together with their three daughters, P, C,
    and N, and their son Joaquin Navarro, Jr. (JN, Jr.) and the latter's wife, AC, sought refuge in the
    ground floor of the building known as the German Club, at the corner of San Marcelino and San
    Luis Streets of this City. During their stay, the building was packed with refugees, shells were
    exploding around, and the Club was set on fire. Simultaneously, the Japanese started shooting at
    the people inside the building, especially those who were trying to escape. The three daughters
    were hit and fell on the ground near the entrance; and JN. Sr. and his son decided to abandon the
    premises to seek a safer haven. They could not convince AJ, who refused to join them and so JN,
    Sr., his son JN, Jr., and the latter's wife, AC and a friend and former neighbor FL, dashed out of
    the burning edifice. As they came out JN, Jr. was shot in the head by a Japanese soldier and
    immediately dropped. The others lay flat on the ground in front of the Club premises to avoid the
    bullets. Minutes later, the German Club, already on fire, collapsed, trapping many people inside,
    presumably including AJ: JN, Sr., Mrs., JN, Jr. and FL managed to reach an air raid shelter
    nearby, and stayed there about three days, until February 10, 1945, when they were forced to
    leave the shelter because the shelling tore it open. They fled toward the St. Theresa Academy in
    San Marcelino Street, but unfortunately met Japanese patrols, who fired at the refugees, killing
    JN, Sr. and his daughter-in-law. At the time of the massacre, JN, Sr. was at the age of 70; his
    wife was about 67 years old; JN, Jr. about 30; P was two or three years older than her brother;
    while the other sisters C and N were between 23 and 25. With this, three proceedings were
    instituted, which were jointly heard, for the summary settlement of the estates of the deceased,
    by the petitioner, an acknowledged natural child of AJ and adopted child of the deceased
    spouses, and by the respondent son of JN, Sr. by first marriage.

    The trial court found the mother to have survived her son but the appellate court found
    otherwise.

    ISSUE: Whether or not the mother, AJ, died before her son JN, Jr. or vice versa.

    HELD:
    The facts are quite adequate to solve the problem of survivorship between AJ and JN, Jr., and
    keep the statutory presumption out of the case. It is believed that in the light of the conditions
    painted by Francisco Lopez (the sole witness), a fair and reasonable inference can be arrived at,
    namely: that JN, Jr., died before his mother. The presumption that AJ died before her son is
    based purely on surmises, speculations, or conjectures without any sure foundation in the
    evidence. The opposite theory — that the mother outlived her son is deduced from established
    facts which, weighed by common experience, engender the inference as a very strong
    probability. Gauged by the doctrine of preponderance of evidence by which civil cases are
    decided, this inference ought to prevail. It can not be defeated as in an instance, cited by Lord
    Chief Justice Kenyon, "bordering on the ridiculous, where in an action on the game laws it was
    suggested that the gun with which the defendant fired was charged with shot, but that the bird
    might have died in consequence of fright." (1 Moore on Facts, 63, citing Wilkinson vs. Payne, 4
    T. R. 468.)

    EVIDENCE OF SURVIVORSHIP. — The evidence of survivorship need not be direct; it may


    be indirect, circumstantial or inferential. Where there are facts, known or knowable, from which
    a rational conclusion can be made, the presumption does not step in, and the rules of
    preponderance of evidence controls.

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