Practice question
For a surviving independent civil claim, may heirs be substituted without necessarily appointing an executor or administrator under Rule 111 Section 4?
- No; the rule expressly forbids any heir substitution.
- Yes, under the rule’s stated substitution mechanism.
- Only the prosecutor may become the estate.
- Substitution automatically proves every claim.
- A claimant may choose any unrelated stranger as debtor.
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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