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Rule 111: Effect of Death On Civil Actions

The death of the accused after arraignment and during the pendency of a criminal action extinguishes any civil liability arising from the crime. However, an independent civil action instituted to enforce liability from other obligations may continue against the estate or legal representative of the accused after proper substitution. The court may appoint a guardian for minor heirs of the accused who may be substituted without requiring an executor or administrator. A final judgment in favor of the offended party will be enforced against the estate of the deceased according to the rules for prosecuting claims against estates. If the accused dies before arraignment, the case will be dismissed without prejudice to any civil action against the estate.

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72 views

Rule 111: Effect of Death On Civil Actions

The death of the accused after arraignment and during the pendency of a criminal action extinguishes any civil liability arising from the crime. However, an independent civil action instituted to enforce liability from other obligations may continue against the estate or legal representative of the accused after proper substitution. The court may appoint a guardian for minor heirs of the accused who may be substituted without requiring an executor or administrator. A final judgment in favor of the offended party will be enforced against the estate of the deceased according to the rules for prosecuting claims against estates. If the accused dies before arraignment, the case will be dismissed without prejudice to any civil action against the estate.

Uploaded by

analyn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Rule 111

PEOPLE OF THE PHILIPPINES vs.
 GERRY LIPATA y ORTIZA. G.R. No.


200302, April 20, 2016.

Effect of Appellants death with regard to his civil liability

Effect of death on civil actions. — The death of the accused after arraignment
and during the pendency of the criminal action shall extinguish the civil liability
arising from the delict. However, the independent civil action instituted under
Section 3 of this Rule or which thereafter is instituted to enforce liability arising
from other sources of obligation may be continued against the estate or legal
representative of the accused after proper substitution or against said estate, as
the case may be. The heirs of the accused may be substituted for the deceased
without requiring the appointment of an executor or administrator and the court
may appoint a guardian ad litem for the minor heirs.

The court shall forthwith order said legal representative or representatives to


appear and be substituted within a period of thirty (30) days from notice.

A final judgment entered in favor of the offended party shall be enforced in the
manner especially provided in these rules for prosecuting claims against the
estate of the deceased.

If the accused dies before arraignment, the case shall be dismissed without
prejudice to any civil action the offended party may file against the estate of the
deceased.

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