Philippine Bar review · Question

Practice question: When Accused Dies

Multiple Choice Easy

Practice question

Under Bayotas, what happens to civil liability based solely on the offense when the accused dies while the conviction is still on appeal?
  1. It is always affirmed automatically.
  2. It is extinguished with the criminal liability before final judgment.
  3. It becomes every heir’s personal debt without limit.
  4. It becomes a new criminal prosecution against the estate.
  5. It is converted automatically into quasi-delict without pleading or proof.

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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