This case has been cited 2 times or more.
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2015-07-29 |
VELASCO JR., J. |
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| As jurisprudence elucidates, 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 pre-emptively 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.[24] The rationale behind the principle is to avoid two conflicting decisions,[25] and its existence rests on the concurrence of 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.[26] | |||||
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2010-08-03 |
VILLARAMA, JR., J. |
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| 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] | |||||