Practice question
A pending independent Article 2176 action has a viable basis apart from the offense. The accused in the related prosecution dies. Must the independent action necessarily vanish with the criminal case?
- Yes, every related suit vanishes.
- No; it may continue through proper substitution against the legal representative or estate, as applicable.
- Yes, because independent means dependent on conviction.
- No; the civil court may ignore death and enter judgment against a nonexistent party without substitution.
- Yes, unless a new information is filed against the heirs.
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.
Answer this question in flashcards to review your response and continue practicing.