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Philippine Bar review · Question

Practice question: When Accused Dies

Multiple Choice Medium

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?
  1. Yes, every related suit vanishes.
  2. No; it may continue through proper substitution against the legal representative or estate, as applicable.
  3. Yes, because independent means dependent on conviction.
  4. No; the civil court may ignore death and enter judgment against a nonexistent party without substitution.
  5. 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.

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