Practice question
Two accused are on trial. One dies after arraignment while proceedings remain pending. The surviving accused demands dismissal solely because the codefendant’s death extinguishes that person’s liability. Which is correct?
- Death automatically acquits every accused
- The surviving accused inherits the deceased’s punishment
- The effect on the deceased does not by itself extinguish the surviving accused’s independently adjudicated responsibility
- The victim becomes the new accused
- Every civil obligation becomes a criminal penalty
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.
Answer this question in flashcards to review your response and continue practicing.