Log In Create Account

Philippine Bar review · Question

Practice question: When Accused Dies

Multiple Choice Hard

Practice question

In a civil action surviving on a source independent of delict, the deceased accused’s adult heir is properly substituted. The claimant argues substitution itself proves the claim and fixes the heir’s unlimited personal liability. Which is correct?
  1. Substitution provides representation in the proceeding; it does not itself prove liability or impose unlimited personal debt
  2. Substitution is an automatic judgment for the whole claim
  3. Kinship alone proves every allegation
  4. Substitution revives the deceased’s criminal punishment
  5. The substitution order replaces all evidence

Legal references

  • Rules of Court, Rule111 Sections4,6–7: https://lawphil.net/courts/rules/rc_110-127_crim.html

Answer this question in flashcards to review your response and continue practicing.