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EDDIE B. SABANDAL v. FELIPE S. TONGCO

This case has been cited 6 times or more.

	GR No. 186597 2015-06-17	PEOPLE v. VICTORIA R. ARAMBULO PEREZ, J.
Aptly put, the following requisites must be present for a civil action to be considered prejudicial to a criminal case as to cause the suspension of the criminal proceedings until the final resolution of the civil case: (1) the civil case involves facts intimately related to those upon which the criminal prosecution would be based; (2) in the resolution of the issue or issues raised in the civil action, the guilt or innocence of the accused would necessarily be determined; and (3) jurisdiction to try said question must be lodged in another tribunal.[10]
	GR No. 159823 2013-02-18	TEODORO A. REYES v. ETTORE ROSSI BERSAMIN, J.
In Sabandal v. Tongco,[18] the concept of prejudicial question is explained in this wise: For a civil action to be considered prejudicial to a criminal case as to cause the suspension of the criminal proceedings until the final resolution of the civil, the following requisites must be present: (1) the civil case involves facts intimately related to those upon which the criminal prosecution would be based; (2) in the resolution of the issue or issues raised in the civil action, the guilt or innocence of the accused would necessarily be determined; and (3) jurisdiction to try said question must be lodged in another tribunal.
	GR No. 184861 2009-06-30	DREAMWORK CONSTRUCTION v. CLEOFE S. JANIOLA VELASCO JR., J.
In Sabandal v. Tongco,[18] we found no prejudicial question existed involving a civil action for specific performance, overpayment, and damages, and a criminal complaint for BP 22, as the resolution of the civil action would not determine the guilt or innocence of the accused in the criminal case. In resolving the case, we said:Furthermore, the peculiar circumstances of the case clearly indicate that the filing of the civil case was a ploy to delay the resolution of the criminal cases. Petitioner filed the civil case three years after the institution of the criminal charges against him. Apparently, the civil action was instituted as an afterthought to delay the proceedings in the criminal cases.[19]
	GR No. 159186 2009-06-05	JESSE Y. YAP v. MONICO G. CABALES PERALTA, J.
If both civil and criminal cases have similar issues, or the issue in one is intimately related to the issues raised in the other, then a prejudicial question would likely exist, provided the other element or characteristic is satisfied. It must appear not only that the civil case involves the same facts upon which the criminal prosecution would be based, but also that the resolution of the issues raised in the civil action would be necessarily determinative of the guilt or innocence of the accused. If the resolution of the issue in the civil action will not determine the criminal responsibility of the accused in the criminal action based on the same facts, or if there is no necessity that the civil case be determined first before taking up the criminal case, the civil case does not involve a prejudicial question.[23] Neither is there a prejudicial question if the civil and the criminal action can, according to law, proceed independently of each other.[24]
	GR NO. 148072 2007-07-10	FRANCISCO MAGESTRADO v. PEOPLE CHICO-NAZARIO, J.
If the resolution of the issue in the civil action will not determine the criminal responsibility of the accused in the criminal action based on the same facts, or there is no necessity "that the civil case be determined first before taking up the criminal case," therefore, the civil case does not involve a prejudicial question.[30] Neither is there a prejudicial question if the civil and the criminal action can, according to law, proceed independently of each other.[31]
	GR No. 148193 2003-01-16	PEOPLE v. RAFAEL JOSE CONSING YNARES-SANTIAGO, J.
A prejudicial question is defined as that which 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. The prejudicial question must be determinative of the case before the court but the jurisdiction to try and resolve the question must be lodged in another court or 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. For a civil action to be considered prejudicial to a criminal case as to cause the suspension of the criminal proceedings until the final resolution of the civil action, the following requisites must be present: (1) the civil case involves facts intimately related to those upon which the criminal prosecution would be based; (2) in the resolution of the issue or issues raised in the civil action, the guilt or innocence of the accused would necessarily be determined; and (3) jurisdiction to try said question must be lodged in another tribunal.[13]