Philippine Bar review · Question

Practice question: Death of Convict

Multiple Choice Medium

Practice question

An accused dies while a timely appeal remains pending. The sole damages claim is civil liability ex delicto based on that nonfinal conviction. What follows?
  1. The appellate court must convict the heirs
  2. The conviction automatically becomes final retroactively
  3. The solely offense-based civil liability is extinguished with the criminal liability
  4. The trial judgment remains enforceable solely because it was written
  5. The prosecutor may choose the result without law

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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