Practice question
While his criminal conviction is on appeal and not yet final, the accused dies. The victim’s asserted civil claim is based solely on the offense, with no separate source of obligation alleged or established. Under Bayotas, which is best?
- The heirs automatically become criminal defendants
- Both criminal liability and civil liability based solely on that offense are extinguished
- The appeal must continue to convict the deceased
- All possible claims from every source necessarily survive
- Death is irrelevant before finality
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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