Practice question
A legally surviving independent civil action is properly continued after the accused’s death. An opponent says every minor heir must appear without any possible guardian ad litem because the accused is gone. Which is best?
- The rule bars every representative for minors.
- Minority automatically proves the civil debt.
- A minor must serve the deceased’s sentence.
- Only the claimant may select the judgment amount without process.
- Rule 111 Section 4 expressly allows a guardian ad litem for minor heirs.
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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