If in doubt as to who died first between 2 or more persons called to succeed each other.
Burden of Proof: Whoever alleges the death of one prior to the other shall prove the same;
Absent such proof: Presumption is they all died at the same time. There shall be no transmission of successional rights.
What are the conditions that may warrant the application of the survivorship rule?
It applies when the following conditions are present:
1. The parties are heirs to one another
2. There is no proof as to who died first
3. There is doubt as to who died first
What is the presumption under the survivorship rule?
Presumption of simultaneity of deaths. When two or more persons who are called to succeed each other, die, they shall be presumed to have died at the same time.
PRESUMPTIONS ON SURVIVORSHIP UNDER THE RULES OF COURT
The Rules of Court provide that:
1. when two or more persons
2. perish in the same calamity and
3. it is not shown who died first, and
4. there are no particular circumstances from which it can be inferred that one died ahead of the other
