Philippine Bar review · Question

Practice question: Death of Convict

Multiple Choice Hard

Practice question

A court enters a final judgment for a surviving civil claim after proper substitution. The claimant insists it may bypass estate-claim procedure solely because the obligation originated in events also charged criminally. Which is sound?
  1. Enforcement must follow the rule’s prescribed manner for claims against the deceased’s estate.
  2. Criminal allegations automatically authorize seizure of every heir’s personal property.
  3. Proper substitution eliminates all collection procedure.
  4. The civil judgment automatically becomes a personal prison term for relatives.
  5. The estate process never applies after death.

Legal references

  • Rules of Court, Rule 111 Sections 2-4, civil claims and death of accused: https://lawphil.net/courts/rules/rc_110-127_crim.html

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