Practice question
An independent civil claim survives, but the claimant treats the deceased’s heir as automatically liable from personal assets merely because of substitution, without proving a separate personal basis. Which is best?
- Every substituted heir automatically assumes every debt from personal assets.
- Substitution does not itself establish the asserted unlimited personal debt.
- Representative capacity is legally meaningless.
- An heir becomes the original tortfeasor by substitution.
- No merits or estate limitation can matter.
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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