Practice question
A victim dies after obtaining a final enforceable civil award. No extinction ground exists. The debtor says the victim’s death alone necessarily eliminates the heirs’ right to demand the award. Which is sound?
- Every civil award expires immediately on the creditor’s death.
- Only personal revenge may be inherited.
- The debtor automatically acquires the award.
- A final civil right can never enter an estate.
- Article 108 preserves transmission of the action to the proper heirs.
Legal references
- Revised Penal Code, Articles 108 and 111, transmission and gratuitous participation in felony proceeds: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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