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SPS. CAROLINA AND REYNALDO JOSE v. SPS. LAUREANO AND PURITA SUAREZ

This case has been cited 5 times or more.

	GR No. 188767 2013-07-24	SPS. ARGOVAN AND FLORIDA GADITANO v. SAN MIGUEL CORPORATION PEREZ, J.
A prejudicial question generally comes into play in a situation where a civil action and a criminal action are both pending and there exists in the former an issue which must be preemptively resolved before the latter may proceed, because howsoever the issue raised in the civil action is resolved would be determinative juris et de jure of the guilt or innocence of the accused in the criminal case. The rationale behind the principle of prejudicial question is to avoid two conflicting decisions.[11]
	GR No. 159823 2013-02-18	TEODORO A. REYES v. ETTORE ROSSI BERSAMIN, J.
A prejudicial question generally comes into play in a situation where a civil action and a criminal action are both pending, and there exists in the former an issue that must first be determined before the latter may proceed, because howsoever the issue raised in the civil action is resolved would be determinative juris et de jure of the guilt or innocence of the accused in the criminal case.[16] The rationale for the suspension on the ground of a prejudicial question is to avoid conflicting decisions.[17]
	GR No. 172060 2010-09-13	JOSELITO R. PIMENTEL v. MARIA CHRYSANTINE L. PIMENTEL CARPIO, J.
There is a prejudicial question when a civil action and a criminal action are both pending, and there exists in the civil action an issue which must be preemptively resolved before the criminal action may proceed because howsoever the issue raised in the civil action is resolved would be determinative of the guilt or innocence of the accused in the criminal case.[10] A prejudicial question is defined as: x x x one that arises in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. It is a question based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused, and for it to suspend the criminal action, it must appear not only that said case involves facts intimately related to those upon which the criminal prosecution would be based but also that in the resolution of the issue or issues raised in the civil case, the guilt or innocence of the accused would necessarily be determined.[11]
	GR No. 154622 2010-08-03	LAND BANK OF PHILIPPINES v. RAMON P. JACINTO VILLARAMA, JR., J.
A prejudicial question generally exists in a situation where a civil action and a criminal action are both pending, and there exists in the former an issue that must be preemptively resolved before the latter may proceed, because howsoever the issue raised in the civil action is resolved would be determinative juris et de jure of the guilt or innocence of the accused in the criminal case.[18] The elements of a prejudicial question are provided under Section 7, Rule 111 of the Revised Rules of Criminal Procedure, as amended, as follows: (i) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and (ii) the resolution of such issue determines whether or not the criminal action may proceed.[19]
	GR No. 159186 2009-06-05	JESSE Y. YAP v. MONICO G. CABALES PERALTA, J.
A prejudicial question generally exists in a situation where a civil action and a criminal action are both pending, and there exists in the former an issue that must be preemptively resolved before the latter may proceed, because howsoever the issue raised in the civil action is resolved would be determinative juris et de jure of the guilt or innocence of the accused in the criminal case. The rationale behind the principle of prejudicial question is to avoid two conflicting decisions. It has two essential elements: (i) the civil action involves an issue similar or intimately related to the issue raised in the criminal action; and (ii) the resolution of such issue determines whether or not the criminal action may proceed.[22]