Practice question
A surviving civil claim produces a final money judgment in favor of the offended party after the proper procedure. How does section 4 direct enforcement against the deceased’s estate?
- By imprisoning a relative until payment.
- By taking any heir’s property without process.
- In the manner specially provided for prosecuting claims against the estate.
- By automatically reviving the deceased’s criminal case.
- Only by obtaining a new criminal conviction.
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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