Persons and Family Relations

Introduction, Governing Laws Prior to PD 1083,

General Provisions, and Civil Personality
Jamaloddin P. Muti, JD, Sh.L
DMO V – Peace Building and Conflict Resoulution Division
National Commission on Muslim Filipinos – Northern Mindanao
  Introduction, Governing Laws Prior to PD 1083
General Provisions, and Civil Personality
 Marriage; Rights, Obligations and Property
Relations Between Spouses
Coverage  Divorce and Idda
 Paternity and Filiation, Support, Parental
Authority, Custody and Guardianship
 Civil Registry and Other Related Provisions
 Bar Questions
INTRODUCTION
  Among the many codes during the Marcos era.
 Enacted in 1977 but it became operational in 1985.
A Brief History  Muslim delegates during the Constitutional Convention
of the of 1971 influenced government policies through a
Philippine Code provision that recognizes “national cultural
communities” and their corresponding customs and
of Muslim beliefs.
Personal Laws  Order stipulated the realization of the aspiration of
Muslim Filipinos to have their system of laws enforced
in their communities.
  11 members
 Dean of the IIS-UP, representatives from SC, the IBP,
the DOJ, UP Law Center and the Catholic hierarchy,
Project Officer of the research team, two Muslim
Composition lawyers and two Ulama
of the  Participation of these men was meant to ensure
Presidential adherence of the Code with the support of key
government institutions.
Commission  The inclusion of a Catholic representative stressed the
need for national unity.
 Meetings with the Muslim lawyers and ulama helped
the commission in crafting the code.
  The code integrates mostly Shafi’I teachings with a
number of select provisions from other schools.
 Established the Shari’ah Court System and the Office of
Jurisconsult in Islamic Law.
Some  The commission showed sensitivity to the views of
educated Muslim women in at least four articles
Provisions of (Articles 50-53)
the Code  Such as more grounds for divorce and set stringent
terms that would make it not so easy for a husband to
acquire an additional wife.
 The Agama Arbitration Committee was also created.
  Pres. Marcos received the Final Report and Draft Code
in Augist 1975.
 Became a law in February 1977 (PD 1083)
 It was an offshoot to the 1976 Tripoli Agreement based
on the agreement by the government and the MNLF.
 CMPL was not immediately implemented.
Ratification and
 The Office of Muslim Affairs established the Philippines
implementation Shari’a Institute to provide Shari’a legal education for
of the Code prospective Shari’a bar examinees, law practioners and
judges in 1982.
 A year after, the first SSBE was conducted, 9 successful
candidates were appointed as judges.
 They pursued further studies in Egypt.
 1985 the Shari’a courts opened.
  It was considered as victory for the Muslim Filipinos
 There was an element of haste because the civil code
aspect was about to expire
 While the original draft was more comprehensive and
complete, all the Muslim drafters decided to scale
Significance of down its scope to personal laws to ensure enactment
CMPL  Milestone in the history of Philippine Jurisprudence
 Assurance that the Government protect our rights
equally with the rest of the Filipino population
 Can be the most reliable foundation of national
understanding
  Shari’ah courts have been an integral part of making
State of CMPL autonomy work in Mindanao.
 It cannot be divorced from political processes and the
and the struggle of the Moro for self-determination.
Shari’ah  Recognizing the context will have to be the first step in
Courts understanding the issues and concern confronting
Shari’ah courts and the implementation of CMPL.
  A wide gap exists between the actual number of
existing courts against the number mandated by law.
 Many courts remain unorganized.
 Judges have not been appointed even in existing
courts.
 There is a lack of court personnel, office space and
support facilities.
Implementation  Judges work in various courts, handling several
Issues municipalities and provinces.
 The Muslim community has a low level of awareness on
the nature and function of
 Shari’a courts.
 More women than men seek the remedy of Shari’a
courts.
 Local government units do not appropriate funds for
Shari’a courts.
 1. Concurrent jurisdiction with other lower courts
renders the judicial system vulnerable to multiplicity
of venue and to conflicting prejudicial decisions.
2. There are laws of general application such as the
Arbitration Law and the Barangay Justice System
under the Local Government Code that confuse users
Institutional of the Shari’a courts.
Framework 3. PD 1083 failed to establish which of the appellate and
Issues original decisions of the Shari’a District Courts are
liable for appeal to the Shari’a Appellate Court.
4. There are convergence and divergence of two
Philippine Muslim Court Systems: the Shari’a court
system determined by the ARMM for the ARMM and
the Shari’a court system that is created through the
national government system outside the ARMM.
 According to Dr. Hamid A. Barra
 CMPL cannot be considered Shari’ah Law or Islamic
Shari’ah.
 Shari’ah terms are not used according to their original
Islamic law meaning and that many Shari’ah lawyers does not
considerations know the Qur’an.
 There are conflicting provisions in the Constitution and
the nationals laws and the CMPL.
 There is a possibility that a non-Muslims to be admitted
in the Shari’ah bar or bench and this violates classical
Islamic law
  A weak education system on Islamic justice results in
lack of qualified lawyers and judges
 Undermines the public’s trust and confidence by
Competence undermining the efficiency and effectiveness of the
Shari’a courts.
of judges and  The 45-day training on CMPL is not adequate
lawyers preparation for Shari’a lawyers and judges, whose
perceived lack of competence is a reason for people’s
low regard for the Shari’a courts
  Shari’a courts are not able to serve Muslims outside of
the ten provinces and six cities specified in the CMPL
because of the distance.
 Even in the provinces and cities where these courts
exist, there are not enough courts to serve the various
Limited communities.
jurisdiction  Many Muslim Filipinos are being deprived of equal
and scope access to Shari’a courts.
 Since CMPL covers only personal laws, criminal,
election and commercial laws are not covered.
 The Shari’a courts do not have jurisdiction over many
aspects in the life and livelihood of Filipino Muslims.
  In 1989, RA 6734 (Organic Act of ARMM) was enacted.
 Amended by RA 9054 of the expanded ARMM Law.
 The RLA in consultation with SC may formulate Shari’a
legal system only in ARMM.
 It created the Shari’ah Appellate Court. It was not
Additional organized by the SC
Laws on  In 2017, RA 11054 (Bangsamoro Organic Law) expanded
Shari’ah some of the provisions of the CMPL to be implemented
in BARMM Territories.
 Revisions where on the qualifications of judges and the
providing for penalties for ta’zir offenses defined and
punished under Shari’ah law to be enacted by the
parliament punishable by arresto menor or
corresponding fine or both.
 Constitutional bases for the enactment of the
Code of Muslim Personal Laws
 The 1973 Constitution in Section 11 of Article XV
“the state shall consider the custom, traditions, beliefs, and interests of
national cultural communities in the formulation and implementation of
state policies” 
 The 1987 Constitution
Legal Basis  Section 22 of Article XI
“the state recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development”.
 Section 17 of Article XIV
“the state shall recognize, respect and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions
and institutions. It shall consider these rights in the formulation of
national plans and policies.” 
 Constitutional bases for the enactment of the
Code of Muslim Personal Laws
 Article X of the Local Government Code
 Section 15
Legal Basis “there shall be created autonomous region in Muslim
Mindanao and in the cordilleras consisting of provinces,
cities, municipalities and geographical areas sharing
common and distinctive historical and cultural heritage,
economic and social structures, and other relevant
characteristics within the framework of this constitution
and the national  sovereignty as well as territorial
integrity of the Republic of the Philippines.” 
  Section 18

“the congress shall enact an organic act for each

autonomous region with the assistance and participation
of the regional consultative commission composed of
representatives appointed by the President from the list
of nominees from multi-sectoral bodies. The organic act
Legal Basis shall define the basic structures of government for the
region consisting of the executive department and
legislative assembly, both of which shall be elective and
representative of the constituent political units. The
organic acts shall likewise provide for special courts with
personal, family and property law jurisdiction consistent
with the provision of this constitution and national laws” 
Governing Laws Prior
to PD 1083
 From August 30, 1950 up to February 3, 1977:
 On Marriage:
Article 78 and 79 of the New Civil Code, as amended by RA
6268, which provides:
Article 78. Marriages between Mohammedans or pagans who
Governing live in non-Christian provinces may performed in accordance
with their own customs, rites or practices. No marriage license
Laws Prior to or formal requisites shall be necessary.
PD 1083 Article 79. Mixed marriages between a Christian male and a
Mohammedan or pagan female shall be governed by the
general provision of this Title and not by those of the last
preceding article, but mix marriages between a Mohammedan
or pagan male and a Christian female may be performed under
the provision of the last preceding article if so desired by the
contracting parties
 On Divorce:
Republic Act No. 394, an act authorizing for a period of
twenty years divorce among Muslims residing in non-
Governing Christian provinces in accordance with Muslim customs
and practices
Laws Prior to
PD 1083
It was enacted on June 18, 1949 and was extended by
the P.D. 793, with a retroactive effect on June 19, 1969
 Question: Is a divorce obtained in 1972 valid under the
Muslim Code? If not, why not? (Bar, 2003)
No. RA 394 is no longer applicable as it lapsed on June
Governing 18, 1969. It was not until September 4, 1975 that it was
extended by PD 793 with a retroactive effect on June
Laws Prior to 19, 1969.
PD 1083
Therefore, the divorce obtained in 1972 was invalid.
BOOK ONE

GENERAL PROVISIONS
 Article 2 of the CMPL
Pursuant to Section 11 of Article XV of the Constitution of the
Philippines, which provides that "The State shall consider the
customs, traditions, beliefs and interests of national cultural
communities in the formulation and implementation of state
policies," this Code: 
Purpose of (a)  Recognizes the legal system of the Muslims in the
the Code Philippines as part of the law of the land and seeks to make
Islamic institutions more effective; 
(b)  Codifies Muslim personal laws; and 
(c)  Provides for an effective administration and enforcement
of Muslim personal laws among Muslims.
 According to Esteban Bautista of the UP Law Center:

 The effect of the provisions is that our country does not

only recognize PD 1083 but the entire legal system of
Muslims in the Philippines.
Purpose of
the Code  The decision in the SCC or SDC is binding for as long as
it based on the sources of Islamic law because the
Muslim Legal System has been recognized as part of
the law of the country by virtue of this provision.
  The institution mentioned in paragraph (a) refers to the
substantive legal institutions, like marriage, divorce,
inheritance and other aspects of family relations
 Islamic Institutions not only refers to the Shariah
Purpose of Courts, but as well as Madaris, Baitus Zakat, Awqaf.
the Code  The government, to administer and enforce Muslim
Laws establishes the Shariah Court as body to
implement the law coupled with special rules of
procedures or the Ijratul Mahakimus Shariah.
 Article 3 of the CMPL
(1) In case of conflict between any provision of this Code
and laws of general application, the former shall prevail.

Conflict of (2) Should the conflict be between any provision of this

Code and special laws or laws of local application, the
provisions latter shall be liberally construed in order to carry out the
former. 

(3) The provisions of this Code shall be applicable only to

Muslims and nothing herein shall be construed to
operate to the prejudice of a non-Muslim. 
Resolving
conflicts  Laws of general application are those which apply to
between any and operate uniformly upon all [inhabitants of a
national jurisdiction] members of any class of persons,
provisions of places or things.
the CMPL and  The Revised Penal Code, the New Civil Code and the
Laws of family code are example of laws of general application.
General  In such case of conflict the rule is that the provision of
the CMPL shall prevail.
Application
Conflict  Local laws are those that apply to specific local
between jurisdictions (as in the case of municipal or city
ordinances, or regional laws) while special laws are
provisions of those that apply to specific classes of persons or things
CMPL and (as in the Magna Carta of women, recognizing divorce
among Muslims, but without providing the grounds
Special Laws therefor). 
how to  In case of such conflict, the special laws or laws of local
resolve application shall be LIBERALLY CONSTRUED in order
to carry out the CMPL. Par. 2, Art. 3, of the CMPL.
  The provisions of the CMPL shall be applicable only to
Muslims, and nothing in the code shall be construed to
operate to the prejudice of non-Muslims [par.3, Art. 3,
CMPL]. 
CMPL
provisions to  Subject to one exception enunciated in par. 1 of Art.
whom shall it 13, CMPL: “the provisions of this title shall apply to
marriage and divorce wherein both parties are
be applicable Muslims, or wherein only the male party is a Muslim
and the marriage is solemnized in accordance with
Muslim law or this Code in any part of the Philippines.” 
  The provision only provides for a situation where the
male party is a Muslim and the marriage is solemnized
in accordance with Muslim law. What happens then if it
Glaring gap in is the female party that is a Muslim and the marriage is
solemnized in accordance with Muslim law?
the provision
and how to  To answer, first, mixed marriages in classical Islamic are
resolve it allowed only if the male is a Muslim. Mixed marriages
where only the females are Muslim are not allowed and
even considered forbidden.
 Construction of the Law is the process of discovering
and expounding on the meaning and intention of the
authors of the law with respects to its application to a
given case, where that intention is rendered doubtful
Construction because the given case is not exactly provided for in the
law. [Caltex Phil. v. Palomar, 18 SCRA 247] 
and
 Interpretation is limited to the use of intrinsic aids or
Interpretation those which are found in the law itself; while 
of the Law  Construction goes beyond the next of the law, and
make use of extrinsic aids or those found outside the
law.
  Usually interpretation precedes construction. Under
the basic rule that “One must interpret first before
Construction construes.”
and  The foregoing rule says if a resolution can be reached
by making use of intrinsic aids (found in the law), then
Interpretation there is no need for extrinsic aids (found outside the
of the Law law). [Commissioner of internal Revenue v. Linapan
Investment Corp., L-28571 and L-28644, July 31, 1970;
Hidalgo v. Hidalgo, L-25326 May 29, 1970] 
  When the language of the statue is ambiguous,
doubtful or obscure when taken in relation to a set of
facts; and when reasonable minds disagree as to the
Resort to meaning of language used in the statue. 
Construction  As a rule, however, when the law is clear and
categorical, there is no need to construe or interpret. It
and is basic that the duty of the court is TO APPLY THE
Interpretation LAW, and not TO INTERPRET IT. [Rolando Suarez,
Introduction to Law, citing People v. Mapa, L-22301,
August 30, 1967; Luzon Security v. De Garcia, L-25659,
October 31, 1969] 
  First, the court can only pass on the validity or invalidity of
the law if a case is brought before it. 

 Second, every statue or law is presume valid until declared

otherwise [this is analogous with the rule of Istishab or
Basic Rules presumption of continuity in Islamic jurisprudence]. 

the Court  Third, the first duty of the court is to apply, and not to
Follows interpret the law. 

 Fourth, the ultimate aim of the court is to give the law the
meaning that the legislature intended it to have [hence, we
have as tools of statutory construction, the ascertainment of
legislative intent]. 
Construction Article 4 of the CMPL
and
(1) In the construction and interpretation of this Code
Interpretation and other Muslim laws, the court shall take into
of the consideration the primary sources of Muslim law. 
Provisions of (2) Standard treatises and works on Muslim law and
jurisprudence shall be given persuasive weight in the
the CMPL interpretation of Muslim law. 
Ada and
Article 5 of the CMPL
Muslim law
Muslim law and 'Ada not embodied in this Code shall be
not embodied proven in evidence as a fact. No 'Ada which is contrary to
in the CMPL the Constitution of the Philippines, this Code, Muslim
law, public order, public policy or public interest shall be
how can it be given any legal effect.
used
  This means presenting evidence, whether
documentary or by way of testimony that such Muslim
law does in fact exists in the source of Islamic law (eq.
Holy Qur’an, Sunnah of the prophet [SAW]), 
Proving
Evidence as a  Or such Ada has been continuously used since time
fact immemorial as part of community custom or practice
of a particular people, in this case, the Muslim in the
Philippines. 
  Article 11 of the NCC provides: “Customs which are
Related contrary to law, public order or public policy shall not
provisions in be countenanced,”
the New Civil
 Article 12 of the NCC says: “A custom must be proved
Code as a fact, according to the rules on evidence.”
 Article 6 of the CMPL

Conflicts 1. Should there be any conflict among the orthodox

(Sunni) Muslim schools of law (Madhahib), that which is
among the in consonance with the Constitution of the Philippines,
orthodox this Code, public order, public policy and public interest
shall be given effect. 
Muslim
2. The Muslim schools of law shall, for purposes of this
schools of law Code, be the Hanafi, the Hanbali, the Maliki and the
Shafi’i.
  In Islamic law, the interpretation of the madhhab of
the place usually prevails.
 In addition, there are contemporary rules to offset the
absence of ijtihabi in some Islamic law jurisdictions.
Conflicts These are: 
among the
orthodox Talfic or literary “patching together” which means
combining rules of different schools of law to reach a
Muslim single resolution of the conflict; and 
schools of law Takhayyur or “eclectic choice” which is shifting from
one school to another in resolving a legal issue. That one
shift may be done on a single issue; and not several shifts
on one issue. 
 Article 7 of the CMPL
(a) "Agama Arbitration Council" means a body
composed of the Chairman and a representative of each
of the parties to constitute a council to take all necessary
steps for resolving conflicts between them. 
Definition of (b) "Ada" means customary law. 
Terms (c) "General Register" means the General Register of
marriages, divorces, revocation of divorces, conversion
and such other deeds or instruments kept by the
Registrar under this Code. 
(d)  "Ihram" signifies the state of ritual consecration of a
person while on pilgrimage to Mecca. 
 (e)  "Madhhab" (plural, Madhahib) means any of the four orthodox
(Sunni) schools of Muslim law.

(f)  "Month" means a period of thirty days.

(g)  "Muslim" is a person who testifies to the oneness of God and

the Prophethood of Muhammad and professes Islam.
Definition of
Terms (h)  "Muslim Law" (Shari’a) refers to all the ordinances and
regulations governing Muslims as found principally in the Qur'an
and the Hadith.

(i)  "Muslim Personal Law" includes all laws relating to personal

status, marriage and divorce, matrimonial and family relations,
succession and inheritance, and property relations between
spouses as provided for in this Code.
BOOK TWO

PERSONS AND
FAMILY RELATION
Title I. Civil Personality
 Article 8 of the CMPL
Juridical capacity, which is the fitness to be the subject of
Legal legal relations, is inherent in every natural person and is
Capacity lost only through death. Capacity to act, which is the
power to do acts with legal effect, is acquired and may
be lost. 
  Legal Capacity (Dhimma in Arabic; also ahliyatul I-
Qanuniyya) is the presence of both juridical capacity
(Receptive Capacity) and Capacity to Act (Active
Capacity).
 It is also defined as the quality by which a person
becomes fit to what he is subjected to (ma alai) and to
Legal what he is entitled to (ma lahu). 
Capacity  Juridical capacity is the fitness to be the subject of legal
relations, is inherent in every natural person, and is lost
through death. (Inherent Capacity)

 Capacity to act is the power to do acts with legal effect,

is acquired and may be lost. (Active Capacity)
  JC is the capacity for the inherence of rights and
obligations while CTA is the capacity for the exercise of
rights and obligations.
Distinctions
between  JC is present as soon as the foetus is formed, but is
considered defective until it is born alive, were JC now
Juridical becomes complete, while CTA acquired, albeit in
Capacity and restricted form, from birth, and is perfected upon
mental and physical maturity of the person.
Capacity to
Act  JC is lost only through death while CTA may be lost or
restricted even while the person is still alive. 
  Natural Persons this refers to those beings created
Kinds of through the intervention of their parents.
Person
 Juridical Persons refers to those created by law such as
corporations.
 Article 9 of the CMPL
The following circumstances, among others, modify or
limit capacity to act: age, insanity, imbecility, the state of
being deaf-mute, the condition of death-illness (Marad-
Restrictions ul-maut), penalty, prodigality, absence, family relations,
on Capacity alienage, insolvency, and trusteeship. The consequences
of these circumstances are governed by this Code and
other Islamic laws and, in a suppletory manner, by other
laws. 
  SAMAWI (work or result of providence) - those that are
beyond man’s control like age, insanity, imbecility, etc.
Kinds of
Restrictions  MAKSUBA (work or result of man’s action). - those that
on Capacity are within the control of man like ignorance of the law,
family relations, penalty, etc.
  Age (aql) - Age limits capacity to act in a sense that a minor
person cannot inter into a contract of marriage or business
without the consent of his parents or guardian.
 Penalty (Hajr or Civil Interdiction) - As to penalty, if a man is
convicted to an imprisonment of 12 years and 1 day, he is
restricted from paternity of his children, custody and
guardianship and other rights.
Restrictions  Family Relations (State of Being an Usrah) - Restrict the
capacity of a person in marriage because he or she is prohibited
on Capacity to marry his or her relative within the prohibited degree of
marriage like a brother to a sister.
 Insolvency - If a man once declared insolvent, he cannot just
dispose his property without notifying the creditors.
 Trusteeship - a trustee cannot act beyond what is entrusted of
him. He can only act in accordance with the article of
trusteeship or authority given to him.
 Other restrictions:
 Forgetfulness - a person in state of forgetfulness causing
damage to others may still be liable.
 Sleep - utterances made during sleep or fainting spell not
binding but damage done must be rectified or restituted.
 Mistake - an act done by mistake not amounting to injury
will be excused because of the lack of intention. However a
Restrictions person is liable for his act without regard to intention
on Capacity because it is difficult to ascertain one’s intention, in addition
to the presumption that an act is always intentionally done.
[Hanafi]
 Jest (hazl) - Inferring the content from a joke is void; Law
pays attention to literal and clear matters
 Coercion (ikraah), Ignorance of law (jahi), Fainting
(bihushi), Intoxication (nashah),, and Apostacy (state of
being a murtad
 Article 10 of the CMPL
Birth determines personality; but the conceived child
Personality shall be considered born for all purposes that are
favorable to it, provided it be born alive, however,
how acquired briefly, at the time it is completely delivered from the
mother's womb.
  As compare to the Article 41 of NCC which provides
that “for civil purposes, the fetus is considered born if it
is alive at the time it is completely delivered from the
mother’s womb. However, if the fetus had an intra-
Article 10 uterine life of less than 7 months it is not deemed born
CMPL if it is dies within 24 hours after it is completely
delivered from the mother’s womb”. 
compared to
Article 41  Under Article 10 of the CMPL, It provides favorable
NCC presumption to the conceived child provided he born
alive however briefly after he was completely delivered
from the mothers womb. 
Presumption 1. That the child is male for purpose of inheritance
favorable to 2. That the conceived child is presumed to be a Muslim
the child 3. That the child is presumed to be human and not a
monster
includes 4. That the child is presumed to be not disqualified to
inherit
 Article  11 of the CMPL

(a) Civil personality is extinguished by death. The effect

Personality of death upon the rights and obligations of a deceased
person is determined by this Code, by contract, and by
how will. 
extinguished
(b) After an absence of seven years, it being unknown
whether or not the absentee still lives, he shall be
presumed dead. 
  Actual or physical death refers to the end of life with
one or more persons who knew the fact of death.

Two Kinds of  Presumptive death refers to the absence of a person

Death for a certain period of time that disappeared from his
domicile and it is not known whether he still lives. He
shall be declared by the court dead upon petition by
proper party. 
  Physical - Death ends all support, marital rights and
end of office. All these are determined by law.
Two Effects of
Death  Civil - Disposition of property by virtue of inheritance.
Will for instance will take effect upon the death of
decedent.
  The normal period provided by Art.11 of CMPL is
“absence of seven years, it being unknown whether or
not the absentee still lives”. This applies to all acts,
rights and obligations of such person to be presumed
Period of the dead. The presumption must be decreed by the court. 
Presumption
 The only exception to this period is the instance of
of Death succession, where the period is 10 years of absence
before a person is presumed dead by decree of the
court, and his share can be distributed to the other
heirs. [see Art.98, Succession by absentee] 
 Imam Abu Hanifa: The person missing or absent shall be presumed
dead by decree of the court after none of his contemporaries is still
living. Some of his disciples of the school said that he will be
presumed dead after ninety years.

Imam Malik: After Four Years, this view is based on the saying of
Caliph Umar who said “Any woman whose husband is missing and
View of other she does not know his whereabouts must wait for four years,
thereafter, observe the idda of four months and ten days and after
School of that she can be married, narrated by Bukhari and Shafi’i.

Thoughts Imam Shafi’i: After the expiration of a period that no one of his kind
may live, the judge may decree his death.
Another view of Abu Hanifah and Imam Shafi’i: The period
depends upon the discretion of the judge.

Imam Ahmad: If he has been absent or missing in a dangerous

situation, like war, his death can be decreed by the court after four
years. However, if he is missing or absent under normal and
peaceful circumstances, it depends upon the discretion of the court.
 Article 12 of the CMPL
If, as between two or more persons who are called to
Rule on succeed each other, there is a doubt as to which of them
died first, whoever alleges the death of one prior to the
Simultaneous other shall prove the same; in the absence of such proof,
Death it is presumed that they died at the same time and there
shall be no transmission of rights from one to the other.
However, the successional rights of their respective heirs
shall not be affected.
  A similar rule exists in the Rules of Court. Rule 131, Sec. 3 (kk) on
Disputable Presumption, states: “that if there is a doubt, as between two or
more persons who are called to succeed each other shall prove the same; in
the absence of proof they shall be considered to have died at the same
time.” 
 However, Rule 131 in Sec. (jj) contains a disputable presumption in this wise: 

Rule on “that except for the purpose of succession, when two persons perish in the
same calamity such a wreck, battle or conflagration, and it is not shown who
Simultaneous died first, and there are no particular circumstances for which it can be
inferred, the survivorship is determined from the probabilities resulting from
Death the strange and age of the sexes according to the following rules: 
1. If both were under the age of 15 years, the older is presumed to have
survived;
Right of 2. If both were above the age of 60, the younger is deemed to have survived; 

Survivorship 3. If one is under 15 and the other is above 60, then the former is deemed to
have survived;
4. If both over 15 and under 60, the male is presumed to have survived, if the
age is the same, then the older;
5. If one be under 15 or over 60 and the other between those ages, then the
latter is deemed to have survived.”