Philippine Bar review · Question

Practice question: Death of Convict

Multiple Choice Hard

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?
  1. Every substituted heir automatically assumes every debt from personal assets.
  2. Substitution does not itself establish the asserted unlimited personal debt.
  3. Representative capacity is legally meaningless.
  4. An heir becomes the original tortfeasor by substitution.
  5. 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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