Seatwork:
Facts:
Dr. Lopez, a 70- year old widower, and his son Roberto both died in a fire that
gutted their home while they were sleeping in their air-conditioned rooms. Roberto’s wife,
Marilyn, and their two children were spared because they were in the province at that
time. Dr. Lopez left an estate worth 20M and a life insurance policy in the amount of 1M
with his three children, one of whom is Roberto, as beneficiaries.
Marilyn is now claiming for herself and her children her husband’s share in the
proceeds of Dr, lope’s life insurance policy. Rule on the validity of Marilyn’s claims with
reasons.
Answer:
As to Dr. Lopez’ estate, Marilyn’s claim of her husband’s share in the estate is
without merit. If there is a doubt, as to between two or more persons who are called to
succeed each other, as to who of them died first, whoever alleges the death of one prior
to the other shall prove the same, and in the absence of proof, it shall be presumed that
persons died at the same time and there shall be no transmission of rights from one to
the other (Art. 43, Civil Code). There being no evidence as to who among them died first,
Dr. Lopez and his son Roberto are presumed to have died at the same time. Roberto
inherited nothing from his father which he could pass to his wife Marilyn. However,
Roberto’s children may inherit from Dr. Lopez by right of representation and shall receive
1/3 share of his estate.
As to the proceeds of the insurance on the life of Dr. Lopez’, Marilyn is entitled to
a share in its proceeds. This is so because the presumption on survivorship under the
Rules of Court shall apply. Under said Rules, when two persons perish in the same
calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and
there are no particular circumstances from which it can be inferred, the survivorship is
determined from the probabilities resulting from the strength and the age of the sexes.
Dr. Lopez, who was already 70 years old is presumed to have died ahead of his son
Roberto, who is younger. Therefore, Roberto’s right as beneficiary became vested at the
time of Dr. Lopez’ death which became part of the former’s estate, which estate shall
pass on to his surviving heirs, namely his wife Marilyn, and his children.