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Question XIII

2009 Bar · Civil Law · 1 sub-question

XIII. Rafael, a wealthy bachelor, filed a petition for the adoption of Dolly, a one-year old foundling who had a severe heart ailment. During the pendency of the adoption proceedings, Rafael died of natural causes. The Office of the Solicitor General files a motion to dismiss the petition on the ground that the case can no longer proceed because of the petitioner’s death. Should the case be dismissed? Explain. (2%) Will your answer be the same if it was Dolly who died during the pendency of the adoption proceedings? Explain. (2%)

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