Philippine Bar review · Question

Practice question: When Accused Dies

Multiple Choice Easy

Practice question

What does Rule 111 section 4 prescribe if the accused dies before arraignment?
  1. Dismissal of the case, without prejudice to a civil action the offended party may file against the estate.
  2. Automatic conviction.
  3. Trial of the heirs as substitute accused.
  4. Automatic payment of every amount demanded.
  5. Permanent extinguishment of every possible civil claim from any source.

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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