Practice question
Does death before final judgment necessarily extinguish a civil obligation resting on a source independent of the offense?
- Yes, all obligations disappear.
- Yes, even an independently proved contract.
- No; liability from another source may survive and must follow the appropriate procedure.
- No; all such claims are automatically established.
- Yes, unless every heir consents.
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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