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Please answer: Civil Law Hypo Question

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1 Please answer: Civil Law Hypo Question on Fri Jul 13, 2012 10:20 pm


Arresto Menor
if the accused was filed with a case and died while the case is pending, will he still be held liable for the criminal and civil liability? Will the case filed still continue to prosper?

(salamat po sa sasagot. nagguluhan po kasi ako dito. scratch )

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2 Re: Please answer: Civil Law Hypo Question on Sat Jul 14, 2012 6:18 am


Arresto Mayor
Effect of death of accused on civil action [Rule 111, Sec. 4]

• If death is before arraignment – Dismissal of case without prejudice to filing of civil action against estate of the deceased.

• If death is after arraignment and during pendency of criminal action – Extinguishes civil liability.

• Exception: if civil liability is predicated on other sources of obligations, as with independent civil actions, recovery may still be made against the estate of the deceased or legal representative after proper substitution.

• If death is while appeal is pending – extinguishes criminal liability and civil liability based thereon.

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3 Re: Please answer: Civil Law Hypo Question on Fri Aug 17, 2012 6:47 pm


Arresto Menor
If some criminal case is going on and main accused is dead the case will end with his death too.

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