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ABOITIZ SHIPPING CORPORATION v. PEPITO

This case has been cited 1 times or more.

2011-03-30
DEL CASTILLO, J.
We are not persuaded. On August 2, 1994, it cannot as yet be presumed that Vedasto is already dead.  "The boat was not lost.  This opens up a number of possibilities, x x x [N]othing is certain.  Nobody knows what has happened to him.  He could have transferred to another vessel or watercraft.  He could even have swum to safety.  Or he could have died.  Or worse, he could have taken his own life.  Legal implications - such as right to compensation, succession, the legal status of the wife - are so important that courts should not so easily be carried to the conclusion that the man is dead.  The result is that death cannot be taken as a fact."[30]