Philippine Bar review · Question

Practice question: Extinction and Survival of Civil Liability

Multiple Choice Hard

Practice question

A defendant dies pending appeal of his criminal conviction. A supplier also has a genuinely independent contractual claim arising from the same dealings. The supplier argues that Bayotas preserves every claim automatically; the heirs argue that death erases every debt. Which is best?
  1. Every claim automatically succeeds
  2. All contractual debts vanish
  3. The independent contractual claim may survive and must be pursued through the proper civil or estate procedure with its own proof
  4. The heirs must serve the prison term
  5. The criminal appeal must first produce a new conviction

Legal references

  • People v. Bayotas, G.R.102007, September2 1994, main decision: https://lawphil.net/judjuris/juri1994/sep1994/gr_102007_1994.html

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