Practice question
A deceased accused had also signed a loan agreement. After death before final criminal judgment, the creditor seeks the loan balance solely on that agreement. May the creditor treat every heir as personally liable for the full amount merely because of kinship?
- Yes, kinship alone proves unlimited personal liability.
- No; a viable contractual claim may survive, but it must be pursued through the proper estate or representative procedure and proved.
- Yes, death makes the contract a criminal conviction.
- No; every contract is extinguished with the offense.
- Yes, the creditor may collect twice if both sources are alleged.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 111 section 4: death after arraignment, independent sources, substitution, estate enforcement and death before arraignment.
- https://lawphil.net/judjuris/juri1994/sep1994/gr_102007_1994.html — People v. Bayotas, G.R. 102007, September 2, 1994, main opinion: death before final judgment and distinct sources.
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code articles 1157 and 1155: sources of obligations and interruption discussed in Bayotas.
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