Practice question
A convict dies after the judgment, including a criminal fine, has become final and executory. Which is correct under Article 89(1)?
- The personal penalty continues against the heirs
- Death does not automatically extinguish the already-final pecuniary penalty under the before-final-judgment rule
- Every final money obligation necessarily vanishes
- The court must reopen guilt automatically
- The heirs must personally serve the prison term
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — RPC Article 89(1): death, personal penalties and pecuniary penalties before final judgment.
- https://lawphil.net/judjuris/juri1994/sep1994/gr_102007_1994.html — People v. Bayotas, G.R. 102007, September 2, 1994, main decision: death pending appeal and separate sources of civil obligations.
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 111 section 4: death during criminal proceedings, surviving independent civil claims and proper representation.
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